(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.
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Terms Used In Hawaii Revised Statutes 431:14-108

  • Rate: means that cost of insurance per exposure unit whether expressed as a single number or as a prospective loss cost with an adjustment to account for the treatment of expenses, profit, and individual insurer variation in loss experience, prior to any application of individual risk variations based on loss or expense considerations, and does not include minimum premium. See Hawaii Revised Statutes 431:14-101.5
(b) In considering the deviation, the commissioner shall consider the available statistics and the principles for ratemaking in § 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.

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