(a)  An initial (first time) application to effect consent to rate on a specific risk of coverage subject to Article 40 of G.S. 58, in excess of the rate promulgated by a licensed rating organization or filed by a company on its own behalf shall contain the following:

(1)           a description of the insurance proposed, including primary and excess limits, the amount of coverage, the property insured, the deductible, and any other factor used for rating, where applicable;

(2)           the rate and premium that would be charged without application of consent to rate;

(3)           the proposed rate and premium;

(4)           the percent increase.  The rate to be charged shall be presumed reasonable if it does not exceed 250 percent of the rate that would be charged without application of consent to rate.  Any proposed rate in excess of 250 percent must be explained fully and is subject to review and approval by the Commissioner pursuant to G.S. 58-40-30(c);

(5)           the names and addresses of the insurer, the writing agent, and the insured;

(6)           the effective date of the proposed rate;

(7)           the policy period;

(8)           the policy number; and

(9)           a letter signed by the insured acknowledging and consenting to the proposed rate.  If coverage for the specific risk written on consent to rate is available through a residual market (FAIR Plan, Beach Plan, North Carolina Reinsurance Facility, North Carolina Workers Compensation Insurance Plan), a statement signed by the insured acknowledging that fact must also be executed.

(b)  A letter signed by each insured acknowledging and consenting to the proposed rate shall be retained in the insurer's office and be made available to the Commissioner upon request.


History Note:        Authority G.S. 58-2-40(1); 58-40-30(c);

Eff. February 1, 1976;

Readopted Eff. July 11, 1978;

Amended Eff. August 3, 1992; January 1, 1989;

Temporary Amendment Eff. November 8, 1996;

Amended Eff. July 1, 1998;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017.