Titlebook: Insurance Rate Litigation; A Survey of Judicial Judith K. Mintel Book 1983 Kluwer · Nijhoff Publishing 1983 Assistance.Funds.investment.rat

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Procedural Aspects of Judicial Reviewte court designated to review administrative orders. With increasing frequency in recent years, litigants have elected to bring their complaints through judicial avenues other than the traditional route or have raised ratemaking issues in other types of litigation such as those involving disputed cl

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Standards for Determining Ratesnadequate or unfairly discriminatory. A challenge to the use of these statutory rate standards as an unconstitutionally vague delegation of legislative authority was rejected in both ., 153 Conn. 465, 217 A.2d 698 (1966) and ., 50 Pa. Cmwlth. 204, 412.A2d 675 (1980). In Massachusetts, the Supreme Ju

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Measures of Outgo and Incomeion refers to the adjustment of the average rate for all classes and territories for a given line of insurance. The objective of a revision is the development of a price structure that is adequate to cover total claims and expenses plus provide a reasonable profit while not being so high as to be no

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Allowance for Profittatutory authority provided to insurance commissioners in this area, in addition to generalized standards that rates not be excessive or inadequate, is usually a provision that “due consideration be given to a reasonable margin for underwriting profit and contingencies.” More recently, statutory lan

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Application of Approved Rate Filingsn addressed by many different courts in past years. Almost all of the cases hold that regardless of the original agreement, the insured must pay, and the insurance company is entitled to collect no more and no less than the premiums required under the applicable rate filing. This is the case despite

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Retroactive Rate Regulationnt insurance companies, it has become increasingly difficult for regulators to review all rate filings prior to their implementation. In addition, some state rating laws have been amended to reduce or eliminate the time rates must be on file with the state agency before they become effective. As a r

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Residual Market Rate Regulationw Hampshire in 1937. This legislation grew out of the passage of compulsory automobile insurance and financial responsibility laws. By the 1950s all fifty states had established such a plan. The statute authorizing the creation of a residual market mechanism can usually be found in the chapter of th

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