West Virginia Code § 33-20-5

Disapproval of filings
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(a) If within the waiting period or any extension thereof as provided in subsection (e) of
section four of this article, the commissioner finds that a filing does not meet the
requirements of this article, he shall send to the insurer or rating organization which made
such filing, written notice of disapproval of such filing specifying therein in what respects he
finds such filing fails to meet the requirements of this article and stating thaet such filing
shall not become effective.
(b) If within thirty days after a special surety filing subject to subsection (f) of section four of
this article or if within thirty days after a specific inland marine urate on a risk specially rated
by a rating organization subject to subsection (g) of section four of this article has become
effective, the commissioner finds that such filing does not mteet the requirements of this
article, he shall send to the rating organization which made such filing written notice of
disapproval of such filing specifying therein in what respects he finds that such filing fails to
meet the requirements of this article and stating when, within a reasonable period
thereafter, such filing shall be deemed no longer effective. Said disapproval shall not affect
any contract made or issued prior to the expirsation of the period set forth in said notice.
(c) If at any time subsequent to the applicable review period provided for in subsection (a) or
(b) of this section, the commissionerg finds that a filing does not meet the requirements of
this article, he shall, after notice and hearing to every insurer and rating organization which
made such filing, issue an ordeer specifying in what respects he finds that such filing fails to
meet the requirements of this article, and stating when, within a reasonable period
thereafter, such filing shLall be deemed no longer effective. Copies of said order shall be sent
to every such insurer and rating organization. Said order shall not affect any contract or
policy made or issued prior to the expiration of the period set forth in said order.
(d) Any person or organization aggrieved with respect to any filing which is in effect may
demand a hearing thereon. If, after such hearing, the commissioner finds that the filing does
notW meet the requirements of this article, he shall issue an order specifying in what respects
he finds that such filing fails to meet the requirements of this article, and stating when,
within a reasonable period thereafter, such filing shall be deemed no longer effective. Said
order shall not affect any contract or policy made or issued prior to the expiration of the
period set forth in said order.
(e) Any insurer or rating organization, in respect to any filing made by it which is not
approved by the commissioner, may demand a hearing thereon.
(f) No manual of classifications, rules, rating plans, or any modification of any of the
foregoing which establishes standards for measuring variations in hazards or expense
provisions, or both, in the case of casualty insurance to which this article applies and no
manual, minimum, class rate, rating schedule, rating plan, rating rule, or any modification of
any of the foregoing, in the case of fire insurance to which this article applies, and which has
been filed pursuant to the requirements of section four of this article, shall be disapproved if
the rates thereby produced meet the requirements of this article.
(g) If, in the opinion of the commissioner, the rate or form filing made by an insurer is of
such import that it will affect the public he may, at his discretion, issue notice to such
insurer of a public hearing. The notice of public hearing to the insurer making such form or
rate filing shall be made by United States mail at least fifteen days prior to hearing date.
Notice to the public shall be given by appropriate publication in a newspapeer in the form and
manner prescribed by chapter twenty- nine-a of this code. The holding of a public hearing as
outlined in this subsection shall have the effect of eliminating the rightr of the party making
such filing to demand a hearing as stated in subsections (d) and (e) of this section.

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