Section 27-13-35

Section 27-13-35Factors to be considered by commissioner in determining reasonableness, etc., of rates.

In every case where, pursuant to the provisions of this article, the commissioner is authorized or required to determine whether rates are reasonable and adequate and not unfairly discriminatory, he shall consider:



(1) The factors applied by insurers and rating organizations generally in determining the bases for rates;



(2) The financial condition of the insurer;



(3) The method of operation of such insurer;



(4) The past loss experience of the insurer within the state and without the state when necessary and may give consideration to prospective loss experience within the state and without the state when necessary, over such period of years as shall appear to be fairly representative of the frequency of the occurrence of the particular hazard or peril, including, where pertinent, the conflagration and catastrophe hazards, if any;



(5) All factors reasonably related to the kind of insurance involved; and



(6) A reasonable profit for the insurer and, in the case of participating insurers, to policyholders' dividends.



In the case of fire insurance, he shall consider the latest available experience of the fire insurance business, other than fire insurance covering motor vehicles, during a period of not less than five years preceding the year in which such rates are reviewed by him.

(Acts 1945, No. 132, p. 133, §14; Acts 1971, No. 407, p. 707, §271.)