§431:14-108 Deviations. (a) Except for those lines of insurance for which the commissioner determines individual rate filings shall be made, every member of or subscriber to a rating organization shall adhere to the filings the organization made on its behalf; provided that any insurer may submit a rate filing to the commissioner to file a deviation from the class rates, schedules, rating plans, or rules respecting any class of insurance, class of risk within a class of insurance, or combination thereof. The rate filing shall specify the basis for the deviation and shall be accompanied by the data upon which the applicant relies. The filer shall simultaneously send a copy of the deviation and data to the rating organization.

(b) In considering the deviation, the commissioner shall consider the available statistics and the principles for ratemaking in section 431:14-103. The commissioner shall approve the filing of the deviation if the commissioner finds that it is justified. The deviation shall become effective upon the commissioner's approval of the proposed effective date of the filing. The commissioner shall disapprove the rate filing if the commissioner finds the deviation is not justified or the resulting premiums would be excessive, inadequate, or unfairly discriminatory. Each deviation filed shall be effective for a period of one year from the date of approval, unless terminated sooner with approval by the commissioner. [L 1987, c 347, pt of §2; am L 1993, c 205, §35; am L 2019, c 70, §21]