West Virginia Code § 33-20E-13

Rates; initial filing; basis for rates and premiums
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(a) The rates, rating plans, rating rules and rating classifications applicable to insurance
written by the association are subject to the provisions of article twenty-b of this chapter.
Policy forms applicable to insurance written by the association must conform to the
requirements of the provisions of section eight, article six of this chapter.
(b) Within such time as the commissioner shall direct, the association shall submit an initial
filing, in proper form, of policy forms, classifications, rates, rating plans, and rating rules
applicable to medical professional liability insurance. Rates approved by the state board
pursuant to section eight of this article shall remain in effect untuil the association's initial
filing is approved.
(c) In the event the commissioner disapproves the initial filing, in whole or in part, the
association shall amend the filing, in whole or in part, in accordance with the direction of the
commissioner.
(d) Initial rates and premiums are to be set in sconsideration of the past and prospective loss
and expense experience for insurers writing medical professional liability insurance within
this state. i
(e) After the initial year of operation, the board shall obtain and implement, at least
annually, from an independent outside source, such as a medical liability actuary or a rating
organization experienced with the medical liability line of insurance, written rating plans
upon which premiums shall be based. The resultant premium rates must be arrived at on an
actuarially sound basis and must be calculated to be self-supporting.
(f) The rates and pre miums charged for insurance policies issued pursuant to this article
shall not be dVeemed excessive because they contain an amount reasonably calculated to
recoup a deficit of the association pursuant to section sixteen of this article.

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