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- Alaska Statutes.
- Title 21. Insurance
- Chapter 39. Rates and Rating Organizations
- Section 80. Appeal By Minority.
previous: Section 70
next: Section 90
. Rights of Insureds.
AS 21.39.080. Appeal By Minority.
- (a) A member or subscriber to a rating organization may appeal to the director from the action or decision of the rating
organization in approving or rejecting a proposed change in or addition to the filings of the rating organization and
the director shall, after a hearing held upon not less than 10 days written notice to the appellant and to the rating
organization, issue an order approving the action or decision of the rating organization or directing it to give
further consideration to the proposal, or, if the appeal is from the action or decision of the rating organization in
rejecting a proposed addition to its filings, the director may, on a finding that the action or decision was
unreasonable, issue an order directing the rating organization to make an addition to its filings, on behalf of its
members and subscribers, in a manner consistent with the findings, within a reasonable time after the issuance of the
- (b) If the appeal is based upon the failure of the rating organization to make a filing on behalf of the member or
subscriber, that is based on a system of expense provisions that differs, in accordance with the right granted in AS 21.39.030
(a)(3), from the system of expense provisions included in a filing made by the rating organization, the director shall,
if the appeal is granted, order the rating organization to make the requested filing for use by the appellant. In
deciding the appeal the director shall apply the standards set out in AS 21.39.030
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