40-955b. Same; rate filings; premium variance, when allowed. - Kansas Statutes

40-955b

Chapter 40.--INSURANCE Article 9.--GENERAL PROVISIONS RELATING TO FIRE INSURANCE COMPANIES

      40-955b.   Same; rate filings; premium variance, whenallowed.(a) Insurers may increase or decreasepremiums on a given risk basis withoutdocumentation up to 40% based on any factor, except the rate adjustment madepursuant to thissection cannot:

      (1)   Be based upon the race, creed, national origin or religion of theinsured.

      (2)   Apply to insurance covering:

      (A)   Risks of a personal nature, including insurance for homeowners,tenants, privatepassenger nonfleet automobiles, mobile homes and other property and casualtyinsurancefor personal, family or household needs;

      (B)   farms and ranches, including crop insurance;

      (C)   workers compensation; or

      (D)   coverage required by K.S.A. 40-3401 et seq., and amendmentsthereto.

      (b)   By rules and regulations adopted in accordance with therules andregulations filing act, thecommissioner of insurance may broaden the range of plus or minus 40% for anyline or type ofinsurance subject to K.S.A. 40-955, and amendments thereto, if the commissionerof insurance finds thatthe:

      (1)   Utilization of this section by the insurance industry has produced asignificantnumber of rate modifications at or near the upper limit and at the lower limitof theallowable range of modification; and

      (2)   modifiers at and near the upper and lower limits of the allowablerange ofmodification appear to be predominantly correlated with individual risk factorsthat relateto expected losses and expenses.

      (c)   By rules and regulations adopted in accordance with the rules andregulations filing act, thecommissioner of insurance may reduce the range of plus or minus 40% for anyline or type ofinsurance subject to K.S.A. 40-955, and amendments thereto, if the commissionerof insurancefinds that modifiers at or near the upper or lower limits of the allowablerange of modification arenot predominantly correlated with individual risk factors that relate toexpected losses andexpenses, but such reduction shall not reduce the range to less than plus orminus 25%.

      (d)   Any insurer aggrieved by the commissioner's findings pursuant to thissection may appeal thesame pursuant to the Kansas administrative procedure act.

      History:   L. 2006, ch. 130, § 3; July 1.