TITLE 31

Motor and Other vehicles

CHAPTER 31-33

Safety Responsibility Violations – General Provisions

SECTION 31-33-8



   § 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.)