20-382. Scope of application

A. This article applies to all insurance on risks or on operations in this state, except:

1. Reinsurance, other than joint reinsurance to the extent stated in section 20-391.

2. Any policy of insurance against loss or damage to or legal liability in connection with property located outside this state, any motor vehicle or aircraft principally garaged and used outside this state or any activity wholly carried on outside this state.

3. Insurance of vessels or craft, their cargoes, marine builders' risks, marine protection and indemnity or other risks commonly insured under marine, as distinguished from inland marine, insurance policies.

4. Disability or life insurance.

5. Annuities.

6. Workers' compensation and employers' liability insurance written in connection with workers' compensation.

7. Title insurance.

8. Rates developed by an insurer to be applied individually to the insurance policies of risks, other than medical malpractice risks and industrial insured risks pursuant to section 20-400.10, for which no rate service organization has published a rate or loss costs in this or any other state and for which insufficient similar exposure units and loss experience data exist to develop statistically credible rates for the risk and no homogeneous rating class exists in which the risk could reasonably be placed. With respect to each type of risk covered by this subsection, the insurer shall annually certify by January 30 to the director for the preceding calendar year, on a form acceptable to the director, that the insurer did not have when the risks were written credible experience to establish a rating class for the specific types of risks. The insurer or rate service organization on the insurer's behalf shall file a rate for the specific risks with the director pursuant to section 20-385 when either of the following occurs:

(a) The insurer's written premiums for any specific risk covered by this subsection exceed twenty-five per cent of the insurer's total annual written premium in this state and the insurer has issued contracts for five or more homogeneous risks covered by this subsection in this state in any consecutive three year period, unless an insurer demonstrates to the director that its experience under this subsection does not produce sufficient data to satisfy the requirements of subdivision (b) of this paragraph.

(b) The number of specific risks covered by this subsection and written by the insurer in a specific class meet the standards set forth in the actuarial standard of practice 25 applying to credibility for rate making purposes as adopted by the actuarial standards board as of January 1, 1997.

B. This article does not apply to hospital service or medical service corporations, investment companies, mutual benefit associations or fraternal beneficiary associations.