Motor and Other vehicles
Safety Responsibility Violations General Provisions
§ 31-33-8 Assigned risk plans.
(a) After consultation with the insurance companies authorized to issue
automobile liability andoor physical damage policies in this state, the
insurance commissioner shall approve a reasonable plan or plans, fair to the
insurers and equitable to their policyholders, for the apportionment among the
companies of applicants for motor vehicle liability andoor physical damage
insurance who are in good faith entitled to but are unable to procure insurance
through ordinary methods.
(b) The plan or plans shall provide coverage for liability
imposed by law for damages arising out of the ownership, maintenance, or use of
the vehicle or vehicles within the United States or the Dominion of Canada, up
to a limit of two hundred fifty thousand dollars ($250,000) because of bodily
injury to or death of one person in any one accident and, up to a limit of five
hundred thousand dollars ($500,000) because of bodily injury to or death of two
(2) or more persons in any one accident.
(c) When any plan or plans have been approved, all the
insurance companies shall subscribe to it or them and participate with respect
to those types of insurance which they write in the state. Licensed
non-resident insurance producers shall be allowed to submit applications to the
plan or plans, provided that the state in which they hold a resident brokers
license allows Rhode Island resident producers access to their respective plan
or plans, or similar residual market mechanism.
(d) Any applicant for insurance, any person insured under the
plan, and any insurance company affected, may appeal to the insurance
commissioner from any ruling or decision of a manager or committee designated
to operate the plan or plans. Any order or act of the insurance commissioner
under the provisions of this section shall be subject to review on petition
filed by an aggrieved party in the superior court for the counties of
Providence and Bristol within ten (10) days after notice of it is given. The
court shall determine whether the filing of the petition shall operate as a
stay of any order or act of the insurance commissioner, and the court shall
summarily hear the matter. The court may, in disposing of the issue before it,
modify, affirm, or reverse the order or act of the insurance commissioner in
whole or in part.
History of Section.
(P.L. 1952, ch. 3002, § 35; G.L. 1956, § 31-31-9; P.L. 1962, ch. 204,
§ 2; G.L. 1956, § 31-33-8; P.L. 1982, ch. 378, § 1; P.L. 1989,
ch. 207, § 1; P.L. 1989, ch. 337, § 1; P.L. 1992, ch. 265, § 1;
P.L. 2011, ch. 158, § 1; P.L. 2011, ch. 274, § 1.)