Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1919-04-23

located in this state, shall file with the
insurance commissioner a copy of the
articles of agreement. association or in
corporation and the bylaws and all
amendments thereto under which such
person, association or bureau, herein
after referred to as a rating organiza-
ton, operates or proposes to operate,
together with his or its business address
and list of the members or insurance
corporations represented or to be rep
resented by him or it, as well as such
other information concerning such rat
ing organization and its operations as
may be required by the commissioner.
Sec. 2. Every rating organization,
whether before or after the filing of the
information specified in the last preced-
ing section, shall be subject to vista
ton, Supervision and examination by
the insurance commissioner as often as
he deems expedent, including the power
to examine under oath the officers or
agents and all persons deemed to have
material information regarding the bust
ness or manner of operation by every
such organization.
Sec. g. Each rating organization
shall file with the insurance commits
sioner whenever he may call therefor
any schedule of rates or such other in
formation concerning rates as may be
suggested, approved or made by any such
organization.
Sec. 4 A rating organization or any
person, association or corporation
authorized to transact the business of
insurance within this state shall not fix
or make any rate or schedule of rates
or charge a rate which discriminates
unfairly between risks within this state
of essentially the same hazard or, if
such rate be fire insurance rate, which
the application of like charges or
credits or which discriminates unfairly
between risks of essentially The same
hazards and having substantially the
same degree of protection against fire.
Whenever it is made to appear to the
satisfaction of the insurance commits
sioner that such discrimination exists,
he shall, after full hearing, order such
discrimination removed; and all such
persons, corporations, associations or
bureaus affected thereby shall imme-
diately comply Herewith; such persons,
corporations, associations or bureaus
shall not remove such discrimination by
increasing the rates on any risk or
class of risks affected by such order
unless it is made to appear to the salts
faction of the insurance commissioner
that such increase is justihable.
Sec. S. A rating organization shall
not charge any licensing, registration,
certihcation or membership fee to brok-
ers who shall have been or hereafter
may be licensed or authorized as such
pursuant to the provisions of this act
nor shall any such rating organization
or any other person, corporation, asso-
citation or bureau or any two or more
persons, associations, or corporations
authorized to transact the business OF
insurance within this state, acting in
agreement, refuse to do business with
or to pay commissions to any person
who may be licensed or authorized as
an insurance broker, pursuant to the
provisions of this act, because such a
broker will not agree to secure insur-
ance only at the rates of premium fixed
by such rating organization or the par
ties to such agreement.
Sec. E. Every such rating organiza-
ton shall keep a careful record of its
proceedings and shall furnish upon de.
mand to any person upon whose property
or risk rate has been made, or to his
authorized agent, full information as
to such rate, and, if such property OF
risk be rated by schedule, copy OF
such schedule; it shall also provide such
means as may be approved by the in
surance commissioner whereby any per-
be heard, either in person or by agent
before the governing or rating commit
tee or other proper executive of such
| nj
for a change in such rate or rates. A
person who feels aggrieved by any rate
fixed or made by person, corporation
association or bureau on any risk
located in this state may complain, il
such complainant be affected by such
rate, to the insurance commissioner who
shall call hearing before board con-
sisting of the insurance commissioner
as chairman, the auditor of accounts ano
third party to be named by the person
corporation, association or board max
ing the rate; and if it appears to then
that the rates charged are excessive
they shall fix a reasonable rate and the
rate so fixed shall be binding on all com
panies doing business in this state The
action of said board in this regard shall
be subject to review by writ of Ger.
tiorari, and disputed questions of fact a.
we'll as of law shall be thereby re
viewed
Sec. 7. This act shall not apply tc
any contract of life insurance, nor t.
!. any contract of insurance upon or il
connection with marine or transporta
ton risks or hazards other than con
tracts for automobile insurance, nor t.
contracts of insurance upon property OF
risks located without this state.
Approved April 4, 1910.