§ 58-40-100. Request for review of rate, rating plan, rating system or underwriting rule. - North Carolina Statutes

§ 58‑40‑100. Request for review of rate, rating plan, rating system or underwriting rule.

(a)        Any personaggrieved by any rate charged, rating plan, rating system, or underwriting rulefollowed or adopted by an insurer or statistical organization may request theinsurer or rating organization to review the manner in which the rate, plan,system, or rule has been applied with respect to insurance afforded him. Suchrequest may be made by his authorized representative, and shall be in writing.If the request is not granted within 30 days after it is made, the requestormay treat it as rejected. Any person aggrieved by the action of an insurer orstatistical organization in refusing the review requested or in failing orrefusing to grant all or part of the relief requested, may file a writtencomplaint and request for hearing with the Commissioner, and shall specify thegrounds relied upon. If the Commissioner has information concerning a similarcomplaint he may deny the hearing. If the Commissioner believes that probablecause for the complaint does not exist or that the complaint is not made ingood faith, he shall deny the hearing. If the Commissioner finds that thecomplaint charges a violation of this Article and that the complainant would beaggrieved if the violation is proven, he shall proceed as provided in G.S. 58‑2‑50or 58‑2‑70.

(b)        Repealed by SessionLaws 1985 (Regular Session, 1986), c. 1027, s. 15. (1977, c. 828, s. 2; 1985, c.733, s. 3; 1985 (Reg. Sess., 1986), c. 1027, s. 15; 1987, c. 441, s. 13; 2005‑210,s. 14.)