California Insurance Code Section 1861.05 (rate standards, applications, and hearings)
Published by California Legislative Counsel (leginfo.legislature.ca.gov). Jurisdiction CA.
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California Insurance Code section 1861.05(a) provides that no rate shall be approved or remain in effect which is excessive, inadequate, unfairly discriminatory or otherwise in violation of the chapter.
claim ca-ins-code-1861-05#c1Section 1861.05(b) requires every insurer that desires to change any rate to file a complete rate application with the commissioner, and places on the applicant the burden of proving that the requested rate change is justified and meets the requirements of the article.
claim ca-ins-code-1861-05#c2Section 1861.05(c) requires the commissioner to notify the public of any application by an insurer for a rate change, and provides that the application is deemed approved sixty days after public notice unless a consumer requests a hearing within 45 days of public notice or the commissioner on his or her own motion determines to hold a hearing.
claim ca-ins-code-1861-05#c3Section 1861.05(c) also provides that a rate application is deemed approved 180 days after the application is received, unless it has been disapproved after a hearing or extraordinary circumstances exist.
claim ca-ins-code-1861-05#c4
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