Arizona Laws 28-4008. Assigned risk plans
A. After consultation with insurance companies authorized to issue motor vehicle liability policies in this state, the director of the department of insurance and financial institutions shall approve a reasonable plan for the equitable apportionment among the companies of applicants for policies and for motor vehicle liability policies who are in good faith entitled to but are unable to procure the policies through ordinary methods.
Terms Used In Arizona Laws 28-4008
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Department: means the department of transportation acting directly or through its duly authorized officers and agents. See Arizona Laws 28-101
- Director: means the director of the department of transportation. See Arizona Laws 28-101
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Motor vehicle: means a self-propelled vehicle that is registered or required to be registered under the laws of this state. See Arizona Laws 28-4001
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- State: means a state, territory or possession of the United States, the District of Columbia or a province of the Dominion of Canada. See Arizona Laws 28-4001
B. After a plan has been approved, all insurance companies authorized to issue motor vehicle liability policies in this state shall subscribe to and participate in the plan.
C. An applicant for a policy under this section, a person insured under an assigned risk plan and an insurance company affected may appeal to the director of the department of insurance and financial institutions from any ruling or decision of the manager or committee designated to operate the plan. Within ten days after notice of an order or act of the director of the department of insurance and financial institutions, a person aggrieved under this section by the order or act may file a petition in the superior court in the county in which the director of the department of insurance and financial institutions is domiciled against the director of the department of insurance and financial institutions for a review of the order or act. The court shall summarily hear the petition and may make any appropriate order or decree.