§ 23-67-502 - Standards for rates. - Arkansas Statutes

23-67-502. Standards for rates.

Rates for malpractice insurance shall not be:

(1) Excessive. A rate is excessive if it is likely to produce a profit from an Arkansas business that is unreasonably high in relation to past and prospective loss experience or if expenses are unreasonably high in relation to the product or services rendered;

(2) Inadequate. A rate is inadequate if, together with investment income attributable to it, it fails to satisfy projected losses and expenses; or

(3) (A) Unfairly discriminatory. A rate is unfairly discriminatory in relation to another in the same class of business if it does not reflect equitably the differences in expected losses and expenses.

(B) Rates are not unfairly discriminatory because different premiums result for policyholders with like loss exposures but different expense factors or with like expense factors but different loss exposures if the rates reflect the differences with reasonable accuracy.