Title 11. Insurance Rating Law — Subtitle 2. Prior Approval Rate Making
Statutes in effect as of October 1, 2026.
Md. Code Ann., Ins. § 11-201 (2026)
Title 11. Insurance Rating Law
Subtitle 2. Prior Approval Rate Making
§ 11–201LinkCopy Citation
(a)
The purposes of this subtitle are:
(1)
to promote the public welfare by regulating insurance rates so that they are not excessive, inadequate, or unfairly discriminatory; and
(2)
to authorize and regulate cooperative action among insurers in rate making and in other matters within the scope of this subtitle.
(b)
This subtitle is not intended:
(1)
to prohibit or discourage reasonable competition; or
(2)
to prohibit or, except to the extent necessary to accomplish the purposes stated in subsection (a) of this section, to encourage uniformity in insurance rates, rating systems, rating plans, or rating practices.
(c)
This subtitle shall be interpreted liberally to carry out the provisions of this section.
Md. Code Ann., Ins. § 11-202 (2026)
Title 11. Insurance Rating Law
Subtitle 2. Prior Approval Rate Making
§ 11–202LinkCopy Citation
(a)
(1)
This subtitle applies to all types of insurers.
(2)
Except as provided in subsection (b) of this section, this subtitle applies to:
(i)
property insurance;
(ii)
casualty insurance;
(iii)
surety insurance;
(iv)
marine insurance; and
(v)
wet marine and transportation insurance.
(b)
This subtitle does not apply to:
(1)
reinsurance, except as provided in § 11–222 of this subtitle;
(2)
insurance of vessels or craft or their cargoes, marine protection and indemnity insurance, or insurance of other risks commonly insured under policies of marine insurance, as distinguished from inland marine insurance;
(3)
insurance against loss of or damage to aircraft including their accessories and equipment, or insurance against liability, other than workers’ compensation insurance or employer’s liability insurance, arising out of the ownership, maintenance, or use of aircraft; or
(4)
title insurance, except for §§ 11–218 through 11–227 of this subtitle.
(c)
If a kind of insurance, subdivision or combination of kinds of insurance, or type of coverage is subject to this subtitle and is also subject to regulation by another rate regulatory provision of the statutes of the State, an insurer to which both provisions are otherwise applicable shall file with the Commissioner a designation as to which rate regulatory provision is applicable to it with respect to that kind of insurance, subdivision or combination of kinds of insurance, or type of coverage.
Md. Code Ann., Ins. § 11-205 (2026)
Title 11. Insurance Rating Law
Subtitle 2. Prior Approval Rate Making
§ 11–205LinkCopy Citation
(a)
All rates shall be made in accordance with the principles set forth in this section.
(b)
Uniformity among insurers in matters within the scope of this subtitle is neither required nor prohibited.
(c)
Due consideration shall be given to:
(1)
past and prospective loss experience within and outside the State;
(2)
conflagration and catastrophe hazards, if any;
(3)
past and prospective expenses, both countrywide and those specially applicable to the State;
(4)
underwriting profits;
(5)
contingencies;
(6)
investment income from unearned premium reserve and reserve for losses;
(7)
dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to policyholders; and
(8)
all other relevant factors within and outside the State.
(d)
Rates may not be excessive, inadequate, or unfairly discriminatory.
(e)
The systems of expense provisions included in the rates for use by an insurer or group of insurers may differ from those of other insurers or groups of insurers to reflect the requirements of the operating methods of the insurer or group with respect to a kind of insurance, or with respect to a subdivision or combination of kinds of insurance for which separate expense provisions are applicable.
(f)
(1)
Risks may be grouped by classifications for the establishment of rates and minimum premiums.
(2)
Classification rates may be modified to produce rates for individual risks in accordance with rating plans that establish standards for measuring variations in hazards or expense provisions, or both.
(3)
The standards may measure any difference among risks that are demonstrated objectively to the Commissioner to have had a direct and substantial effect on losses or expenses.
(4)
Notwithstanding any other provision of this subsection, a rate may not be based wholly or partly on geographic area itself, as opposed to underlying risk considerations, even though expressed in geographic terms.
(g)
For fire insurance rates, consideration shall be given to experience during a period of not less than the most recent 5-year period for which experience is available.
Md. Code Ann., Ins. § 11-206 (2026)
Title 11. Insurance Rating Law
Subtitle 2. Prior Approval Rate Making
§ 11–206LinkCopy Citation
(a)
(1)
Except as otherwise provided in this section, each insurer shall file with the Commissioner all rates, supplementary rate information, policy forms, and endorsements and all modifications of rates, supplementary rate information, policy forms, and endorsements that the insurer proposes to use.
(2)
Each filing shall state its proposed effective date and shall indicate the character and extent of the coverage contemplated.
(b)
(1)
(i)
If a filing is not accompanied by the information on which the insurer supports the filing and the Commissioner does not have sufficient information to determine whether the filing meets the requirements of this subtitle, the Commissioner shall require the insurer to provide supporting information for the filing within 60 days.
(ii)
If the Commissioner requires the filer to provide supporting information, the waiting period under subsection (g) of this section begins on the date the supporting information is provided.
(2)
The information provided in support of a filing may include:
(i)
the judgment of the filer;
(ii)
the filer’s interpretation of any statistical data relied on;
(iii)
the experience of other filers; and
(iv)
any other relevant factors.
(c)
Each filing shall include the experience of the filer.
(d)
A filing and any supporting information shall be open to public inspection as soon as filed.
(e)
An insurer may satisfy its obligation to make filings by:
(1)
being a member of or subscriber to a licensed rating organization that makes filings; and
(2)
authorizing the Commissioner to accept filings on its behalf from the rating organization.
(f)
The Commissioner shall review each filing as soon as reasonably possible after it is made to determine whether it meets the requirements of this subtitle.
(g)
(1)
(i)
Except as provided in subsections (h) and (i) of this section, a filing may not take effect until 30 working days after it is filed with the Commissioner.
(ii)
By written notice to the filer during the initial 30–day waiting period that the Commissioner needs additional time for consideration of the filing, the Commissioner may extend the waiting period for an additional period not exceeding 30 working days.
(2)
On written application by the filer, the Commissioner may authorize a filing that the Commissioner has reviewed to become effective before the expiration of the waiting period or any extension of the waiting period or at a later date.
(3)
A filing is deemed approved unless disapproved by the Commissioner during the waiting period or any extension of the waiting period.
(4)
A filing may be withdrawn or amended by the filer at any time before approval.
(5)
After approval or disapproval of a filing, the withdrawal or amendment of the filing is subject to the approval of the Commissioner in accordance with this section.
(h)
(1)
Inland marine risks that by general custom of the business are not written according to manual rates or rating plans need not be filed.
(2)
Notwithstanding paragraph (1) of this subsection, specific inland marine rates on risks specially rated by a rating organization shall be filed, become effective when filed, and remain effective until the Commissioner finds the filing does not meet the requirements of this subtitle.
(i)
A special filing with respect to a surety or guarantee bond required by law, by court, by executive order, or by order, rule, or regulation of a public body, not covered by a previous filing shall become effective when filed and remain effective until the Commissioner finds that the filing does not meet the requirements of this subtitle.
(j)
(1)
In this subsection, “exempt commercial policyholder” means a person that:
(i)
pays annual aggregate property and casualty premiums for commercial insurance policies issued in the State during the current or preceding calendar year of $25,000 or more; and
(ii)
meets any two of the following criteria:
(1)
generates annual revenues or sales in excess of $5,000,000;
(2)
possesses a net worth in excess of $2,500,000;
(3)
employs at least 25 full–time employees;
(4)
is a nonprofit organization or public body with an annual budget of at least $5,000,000; or
(5)
is a municipal corporation with a population of at least 15,000.
(2)
The filing requirements of this section do not apply to rates, supplementary rate information, policy forms, and endorsements and to modifications of rates, supplementary rate information, policy forms, and endorsements issued to an exempt commercial policyholder.
(3)
(i)
An exempt commercial policyholder must certify in writing, on a form approved by the Commissioner, to the insurer issuing coverage that it meets the criteria necessary for exemption from rate and form filing requirements.
(ii)
The certification must include:
(1)
specific reference to the optional criteria that the insured has satisfied to qualify as an exempt commercial policyholder;
(2)
information required by the Commissioner for the purpose of determining the annual aggregate premiums of the insured for purposes of paragraph (1)(i) of this subsection; and
(3)
an acknowledgment by the insured that the rate, supplementary rate information, policy form, endorsement, or modification intended for use has not been filed with the Commissioner.
(4)
This subsection does not apply to the filing of workers’ compensation insurance rate and policy forms.
(5)
The Commissioner may require, by regulation, that insurers provide information to the Administration on the number and types of policies written for exempt commercial policyholders under this subsection.
(6)
On written request of the Commissioner, an insurer shall file with the Commissioner a form or endorsement issued to an exempt commercial policyholder.
(7)
Except for the exemption from rate and form filing requirements under this section, a rate, supplementary rate information, form, or endorsement issued to an exempt commercial policyholder is subject to all applicable provisions of this article.
Md. Code Ann., Ins. § 11-207 (2026)
Title 11. Insurance Rating Law
Subtitle 2. Prior Approval Rate Making
§ 11–207LinkCopy Citation
(a)
(1)
By written order, the Commissioner may suspend or modify the filing requirement for a kind of insurance, subdivision or combination of kinds of insurance, or for classes of risks, for which it is not practicable to file rates before they are used.
(2)
The Commissioner shall adopt regulations for the suspension or modification of filing requirements.
(b)
A regulation adopted or order issued under this section shall be made known to the insurers and rating organizations affected by the regulation or order.
(c)
The Commissioner may make any examination that the Commissioner considers advisable to determine if the rates affected by an order issued under this section meet the standards set forth in § 11-205 of this subtitle.
Md. Code Ann., Ins. § 11-208 (2026)
Title 11. Insurance Rating Law
Subtitle 2. Prior Approval Rate Making
§ 11–208LinkCopy Citation
(a)
Unless the filer demonstrates that a proposed rate is not excessive, inadequate, or unfairly discriminatory, the Commissioner may disapprove the filing.
(b)
(1)
If, during the waiting period or any extension of the waiting period provided under § 11-206(g) of this subtitle, the Commissioner finds that a filing does not meet the requirements of this subtitle, the Commissioner shall send written notice of disapproval to the filer.
(2)
The notice of disapproval shall specify the ways in which the filing fails to meet the requirements of this subtitle and shall state that the filing may not become effective.
(c)
(1)
If, within 30 days after a filing made under § 11-206(h) or (i) of this subtitle, the Commissioner finds that the filing does not meet the requirements of this subtitle, the Commissioner shall send written notice of disapproval to the filer.
(2)
The notice of disapproval shall specify the ways in which the filing fails to meet the requirements of this subtitle and shall state when, within a reasonable period after the notice, the filing will no longer be effective.
(3)
Disapproval under this subsection does not affect a contract made or issued before the expiration of the period set forth in the notice.
(d)
(1)
If, after the applicable review period under subsection (b) or (c) of this section, the Commissioner finds that a filing does not meet the requirements of this subtitle, the Commissioner shall issue to the filer an order that specifies the ways in which the filing fails to meet the requirements of this subtitle and states when, within a reasonable period after the order, the filing will no longer be effective.
(2)
(i)
The Commissioner shall hold a hearing before issuing an order under paragraph (1) of this subsection.
(ii)
The Commissioner shall give written notice of the hearing to the filer at least 10 days before the hearing.
(iii)
The notice shall specify the matters to be considered at the hearing.
(3)
An order issued under this subsection does not affect a contract or policy made or issued before the expiration of the period set forth in the order.
(e)
(1)
Except for the filer, any person aggrieved with respect to a filing that is in effect or that has been filed but is not yet effective may apply in writing to the Commissioner for a hearing on the filing.
(2)
An application under this subsection shall specify the grounds on which the applicant will rely.
(3)
If the Commissioner finds that the application is made in good faith, that the applicant would be aggrieved if the specified grounds are established, and that the grounds otherwise justify a hearing, the Commissioner shall hold a hearing within 30 days after receipt of the application.
(4)
The Commissioner shall give written notice of the hearing to the applicant and each filer at least 10 days before the hearing.
(5)
If, after the hearing, the Commissioner finds that the filing does not meet the requirements of this subtitle, the Commissioner shall issue to the filer an order that specifies the ways in which the filing fails to meet the requirements of this subtitle and states when, within a reasonable period after the order, the filing will no longer be effective.
(6)
The Commissioner shall send a copy of an order issued under this subsection to the applicant.
(7)
An order issued under this subsection does not affect a contract or policy made or issued before the expiration of the period set forth in the order.
Md. Code Ann., Ins. § 11-209 (2026)
Title 11. Insurance Rating Law
Subtitle 2. Prior Approval Rate Making
§ 11–209LinkCopy Citation
(a)
(1)
Notwithstanding any other provision of this subtitle, an insurer may reduce its rates previously approved by the Commissioner by filing the reduced rates with the Commissioner within 30 days after the reduced rates become effective.
(2)
An insurer that has reduced its rates in accordance with paragraph (1) of this subsection may withdraw the reduction wholly or partly by filing revised rates at a level not higher than the level approved by the Commissioner before the reduction within 30 days after they become effective.
(b)
If, after notice and a hearing, the Commissioner finds that the rates produced are in violation of this subtitle, the Commissioner may revoke a reduction of rates made in accordance with this section.
Md. Code Ann., Ins. § 11-210 (2026)
Title 11. Insurance Rating Law
Subtitle 2. Prior Approval Rate Making
§ 11–210LinkCopy Citation
On written application of the insured that states its reasons for requesting the rate, filed with and approved by the Commissioner, a rate in excess of that provided by a filing otherwise applicable may be used on a specific risk.
Md. Code Ann., Ins. § 11-211 (2026)
Title 11. Insurance Rating Law
Subtitle 2. Prior Approval Rate Making
§ 11–211LinkCopy Citation
(a)
Within a reasonable time after a filer receives a written request for information about a filing and on payment of a reasonable charge, the filer shall provide all pertinent information about the filing to an insured affected by the filing or the authorized representative of the insured.
(b)
At the time of filing a proposed rate increase with the Commissioner, an insurer that provides professional liability insurance to a physician or other health care provider shall notify each policyholder in writing that:
(1)
the insurer has filed a proposed rate increase with the Commissioner;
(2)
a hearing may be requested with respect to the filing under § 11-208(e) of this subtitle; and
(3)
an order, hearing, or refusal of a hearing by the Commissioner may be appealed under Subtitle 5 of this title.
Md. Code Ann., Ins. § 11-212 (2026)
Title 11. Insurance Rating Law
Subtitle 2. Prior Approval Rate Making
§ 11–212LinkCopy Citation
(a)
Each filer shall provide reasonable means within the State by which a person aggrieved by the application of its rating system may be heard in person or by an authorized representative on the person’s written request to review the manner in which the rating system has been applied in connection with the insurance afforded the aggrieved person.
(b)
If the filer fails to grant or reject the aggrieved person’s request within 30 days after it is made, the applicant may proceed as if the application had been rejected.
(c)
Within 30 days after written notice of the action of a filer on a request for review, any person affected by the action may appeal to the Commissioner.
(d)
(1)
The Commissioner shall hold a hearing on the action of the filer.
(2)
The Commissioner shall give written notice of the hearing to the appellant and filer at least 10 days before the hearing.
(3)
After the hearing, the Commissioner may affirm or reverse the action.
Md. Code Ann., Ins. § 11-213 (2026)
Title 11. Insurance Rating Law
Subtitle 2. Prior Approval Rate Making
§ 11–213LinkCopy Citation
(a)
All homeowner’s insurance rates shall be made in accordance with the principles set forth in this section.
(b)
(1)
An insurer under a homeowner’s insurance policy may not classify or maintain an insured for a period longer than 3 years in a classification that entails a higher premium because of a specific claim.
(2)
For the purpose of determining whether to classify an insured in a classification that entails a higher premium, an insurer may review only a period not greater than 3 years before:
(i)
if the policy has not yet been issued:
(1)
the date of the application; or
(2)
the proposed effective date of the policy; or
(ii)
on renewal of a policy, the effective date of the renewal.
(3)
(i)
The removal of, reduction of, or refusal to apply a discount is not a violation of this subsection if the claim resulting in the removal of, reduction of, or refusal to apply the discount was filed not more than 5 years before the removal, reduction, or refusal.
(ii)
Subparagraph (i) of this paragraph may not be construed to prevent an insurer from granting a claim–free discount to an insured.
Md. Code Ann., Ins. § 11-214 (2026)
Title 11. Insurance Rating Law
Subtitle 2. Prior Approval Rate Making
§ 11–214LinkCopy Citation
(a)
Each insurer that provides a private passenger automobile insurance policy shall provide to the policyholder at the time of issuance or renewal of the policy a statement that:
(1)
defines the policyholder’s rate classifications; and
(2)
if the insurer is an authorized insurer, includes a summary, in a form approved by the Commissioner, of the insurer’s approved surcharge plan or driver record point plan for that policy.
(b)
The statement must be sufficiently clear and specific so that an individual of average intelligence can identify the classifications without making further inquiry.
Md. Code Ann., Ins. § 11-215 (2026)
Title 11. Insurance Rating Law
Subtitle 2. Prior Approval Rate Making
§ 11–215LinkCopy Citation
(a)
All automobile insurance rates shall be made in accordance with the principles set forth in this section.
(b)
(1)
An insurer under an automobile liability insurance policy may not classify or maintain an insured for a period longer than 3 years in a classification that entails a higher premium:
(i)
because of a specific claim; or
(ii)
because of the insured’s driving record.
(2)
For the purpose of determining whether to classify an insured in a classification that entails a higher premium, an insurer may review only a period not greater than 3 years before:
(i)
if the policy has not yet been issued:
(1)
the date of the application; or
(2)
the proposed effective date of the policy; or
(ii)
on renewal of a policy, the effective date of the renewal.
(3)
(i)
The removal of a discount is not a violation of this subsection.
(ii)
Subparagraph (i) of this paragraph may not be construed to prevent an insurer from granting a claim–free discount to an insured.
(c)
An insurer’s automobile and physical damage insurance premiums shall reflect the reduction in claims, if any, attributable to the requirement that drivers under the age of 18 years must acquire a provisional driver’s license before acquiring a driver’s license.
(d)
For purposes of reclassifying an insured in a classification that entails a higher premium, an insurer under an automobile insurance policy may not consider accident reports and abstracts of court convictions that relate to driving an emergency vehicle and that are on record with the Motor Vehicle Administration, as provided in § 16–117(b) of the Transportation Article.
(e)
For purposes of reclassifying an insured in a classification that entails a higher premium, an insurer under an automobile insurance policy may not consider a probation before judgment disposition of a motor vehicle law offense, a civil penalty imposed pursuant to § 21–202.1, § 21–809, § 21–810, § 21–810.1, or § 24–111.3 of the Transportation Article, or a first offense of driving with an alcohol concentration of 0.08 or more under § 16–205.1 of the Transportation Article on record with the Motor Vehicle Administration, as provided in § 16–117(b) of the Transportation Article.
(f)
If the insured under an automobile insurance policy notifies the insurer of a change in circumstances that justifies reclassifying the insured in a different classification or territory, the insurer shall adjust the premium charged the insured from the date of notification.
(g)
For motor vehicle personal injury and property damage coverage, an insurer may provide a reduction in rates based on actuarial justification to an insured who:
(1)
is at least 55 years old; and
(2)
within the last 2 years, has completed successfully a course in accident prevention:
(i)
that is approved by the Motor Vehicle Administration;
(ii)
that includes classroom instruction or practice driving of the number of hours that the Motor Vehicle Administration requires; and
(iii)
for which the insured has received a certificate that certifies the completion of the course.
Md. Code Ann., Ins. § 11-216 (2026)
Title 11. Insurance Rating Law
Subtitle 2. Prior Approval Rate Making
§ 11–216LinkCopy Citation
An insurer that uses territory as a factor in establishing automobile insurance rates shall submit a statement to the Commissioner certifying that:
(1)
the territories used by the insurer have been reviewed within the previous 3 years; and
(2)
use of the territories is actuarially justified.
Md. Code Ann., Ins. § 11-218 (2026)
Title 11. Insurance Rating Law
Subtitle 2. Prior Approval Rate Making
§ 11–218LinkCopy Citation
(a)
(1)
Any person, whether located within or outside the State, may apply to the Commissioner for a license as a rating organization for a kind of insurance, subdivision of kinds of insurance, or class of risk or part or combination of kinds of insurance or classes of risk, as specified in its application.
(2)
An applicant for a license as a rating organization shall file with its application:
(i)
a copy of its constitution, articles of agreement or association, or certificate of incorporation and its bylaws, rules, and regulations that govern the conduct of its business;
(ii)
a list of its members and subscribers;
(iii)
the name and address of a resident of the State on whom may be served notices or orders of the Commissioner or process that affects the rating organization; and
(iv)
a statement of its qualifications as a rating organization.
(3)
Within 60 days after an application is filed, the Commissioner shall grant or deny the application wholly or partly.
(4)
The Commissioner shall grant the application if the Commissioner finds that:
(i)
the applicant is competent, trustworthy, and otherwise qualified to act as a rating organization; and
(ii)
its constitution, articles of agreement or association, or certificate of incorporation, and its bylaws, rules, and regulations that govern the conduct of its business conform to the requirements of law.
(5)
A license as a rating organization issued under this section expires 3 years after its effective date.
(6)
The fee for a license as a rating organization is $25.
(7)
If a rating organization ceases to meet the requirements of this subsection, the Commissioner, after notice and a hearing, may suspend or revoke its license.
(8)
A rating organization shall notify the Commissioner promptly of any change in the information and documents provided to the Commissioner under paragraph (2) of this subsection.
(b)
(1)
Subject to rules adopted by the rating organization that the Commissioner has approved as reasonable, each rating organization shall allow an insurer that is not a member to be a subscriber to its rating services for a kind of insurance, subdivision of kinds of insurance, or class of risk or part or combination of kinds of insurance or classes of risk for which it is authorized to act as a rating organization.
(2)
Each rating organization shall give notice to subscribers of proposed changes in its rules.
(3)
Each rating organization shall provide its rating services without discrimination to its members and subscribers.
(4)
(i)
(1)
At the request of a subscriber or an insurer that has been refused admission as a subscriber to a rating organization, the Commissioner shall review the reasonableness of the application of a rule to subscribers or the refusal of the rating organization to admit the insurer as a subscriber.
(2)
If a rating organization fails to grant or reject the application of an insurer for admission as a subscriber within 30 days after the application was made, the insurer may request a review of the action by the Commissioner as if the application had been rejected.
(ii)
(1)
The Commissioner shall review the challenged rule or action of the rating organization at a hearing.
(2)
The Commissioner shall give written notice of the hearing to the rating organization and subscriber or insurer at least 10 days before the hearing.
(iii)
If the Commissioner finds that the challenged rule is unreasonable in its application to subscribers, the Commissioner shall issue an order that the rule is not applicable to subscribers.
(iv)
(1)
If the Commissioner finds that an insurer has been refused admission as a subscriber to the rating organization without justification, the Commissioner shall issue an order that requires the rating organization to admit the insurer as a subscriber.
(2)
If the Commissioner finds that the action of the rating organization in refusing admission as a subscriber was justified, the Commissioner shall issue an order that affirms the action of the rating organization.
(c)
A rating organization may not adopt a rule the effect of which would be to prohibit or regulate the payment of dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members, or subscribers.
(d)
(1)
Cooperation among rating organizations or among rating organizations and insurers in rate making or in other matters within the scope of this subtitle is authorized, if the filings that result from the cooperation are subject to all provisions of this subtitle that are applicable to filings generally.
(2)
(i)
The Commissioner may review cooperative activities and practices among rating organizations and among rating organizations and insurers.
(ii)
If, after a hearing, the Commissioner finds that an activity or practice is unfair, unreasonable, or otherwise inconsistent with this subtitle, the Commissioner may issue an order that requires that the activity or practice be discontinued.
(e)
(1)
A rating organization may provide for the examination of policies, daily reports, binders, renewal certificates, endorsements, or other evidence of insurance or the cancellation of insurance and may make reasonable rules that govern their submission.
(2)
Rules adopted under this subsection shall require that:
(i)
within 60 days after a rating organization has notified an insurer of an error or omission, the insurer shall provide to the rating organization satisfactory evidence of the correction of the error or omission; and
(ii)
the rating organization shall notify the Commissioner if an insurer fails to provide satisfactory evidence of the correction of the error or omission.
(3)
All information submitted for examination under this subsection is confidential.
(f)
(1)
A rating organization may subscribe to or purchase actuarial, technical, or other services.
(2)
The services shall be available to all members and subscribers without discrimination.
(g)
(1)
An association or other entity that has been organized by regulation or law to provide insurance not available through the voluntary market shall apply to the Commissioner for permission to file rates to be used by the entity.
(2)
If the Commissioner finds that allowing the entity to file rates will be in the public interest, then the Commissioner shall treat a filing made by the entity like a filing made by a rating organization.
Md. Code Ann., Ins. § 11-219 (2026)
Title 11. Insurance Rating Law
Subtitle 2. Prior Approval Rate Making
§ 11–219LinkCopy Citation
(a)
An insurer may deviate from the rates filed by a rating organization if:
(1)
the insurer has filed the deviation to be applied with the rating organization and Commissioner;
(2)
the deviation is uniform in its application to all risks in the State of the class of insurance to which the deviation is to apply; and
(3)
the deviation is approved by the Commissioner.
(b)
The Commissioner may approve or disapprove a deviation as if the deviation filing were a rate filing and specify the period of time during which an approval will be effective.
Md. Code Ann., Ins. § 11-220 (2026)
Title 11. Insurance Rating Law
Subtitle 2. Prior Approval Rate Making
§ 11–220LinkCopy Citation
(a)
(1)
A member of or subscriber to a rating organization may appeal to the Commissioner 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.
(2)
The Commissioner:
(i)
shall issue an order that approves the action or decision of the rating organization or directs it to give further consideration to the proposal; or
(ii)
if the appeal is from the action or decision of the rating organization in rejecting a proposed addition to its filings and the Commissioner finds that the action or decision was unreasonable, may issue an order that directs the rating organization to make, within a reasonable time after issuance of the order, an addition to its filings on behalf of its members and subscribers in a manner consistent with the Commissioner’s findings.
(3)
The Commissioner shall hold a hearing before issuing an order under paragraph (2) of this subsection.
(4)
The Commissioner shall give written notice of the hearing to the appellant and rating organization at least 10 days before the hearing.
(b)
(1)
If the appeal is based on the failure of a rating organization to make a filing on behalf of the member or subscriber that is based on a system of expense provisions that differs from the system of expense provisions included in a filing made by the rating organization, as authorized under § 11-205(e) of this subtitle, and the Commissioner grants the appeal, the Commissioner shall issue an order that requires the rating organization to make the requested filing for use by the appellant.
(2)
In deciding the appeal, the Commissioner shall apply the standards set forth in this subtitle.
Md. Code Ann., Ins. § 11-221 (2026)
Title 11. Insurance Rating Law
Subtitle 2. Prior Approval Rate Making
§ 11–221LinkCopy Citation
(a)
Each advisory organization shall file with the Commissioner:
(1)
a copy of its constitution, articles of agreement or association, or certificate of incorporation and its bylaws, rules, and regulations that govern its activities;
(2)
a list of its members;
(3)
the name and address of a resident of the State on whom may be served notices or orders of the Commissioner or process issued at the direction of the Commissioner; and
(4)
an agreement that the Commissioner may examine the advisory organization in accordance with § 11-225 of this subtitle.
(b)
If, after a hearing, the Commissioner finds that the provision of information or help by an advisory organization involves an act or practice that is unfair, unreasonable, or otherwise inconsistent with this subtitle, the Commissioner may issue a written order that specifies the ways in which the act or practice is unfair, unreasonable, or otherwise inconsistent with this subtitle and requires that the act or practice be discontinued.
(c)
(1)
An insurer that makes its own filings or a rating organization may not support its filings by statistics or adopt rate making recommendations provided to it by an advisory organization that has failed to comply with:
(i)
this section; or
(ii)
an order of the Commissioner issued under subsection (b) of this section that involves the statistics or recommendations.
(2)
If the Commissioner finds that an insurer or rating organization has violated this subsection, the Commissioner may issue an order that requires that the violation be discontinued.
Md. Code Ann., Ins. § 11-222 (2026)
Title 11. Insurance Rating Law
Subtitle 2. Prior Approval Rate Making
§ 11–222LinkCopy Citation
(a)
Each group, association, or other organization of insurers that engages in joint underwriting or joint reinsurance is subject to this subtitle with respect to its joint underwriting or joint reinsurance activities.
(b)
If, after a hearing, the Commissioner finds that an activity or practice of a group, association, or other organization that engages in joint underwriting or joint reinsurance is unfair, unreasonable, or otherwise inconsistent with this subtitle, the Commissioner may issue a written order that specifies the ways in which the activity or practice is unreasonable, unfair, or otherwise inconsistent with this subtitle and requires that the activity or practice be discontinued.
Md. Code Ann., Ins. § 11-225 (2026)
Title 11. Insurance Rating Law
Subtitle 2. Prior Approval Rate Making
§ 11–225LinkCopy Citation
(a)
(1)
At least once every 5 years, the Commissioner shall make an examination of each rating organization licensed in the State.
(2)
Whenever the Commissioner considers it expedient, the Commissioner may make an examination of each advisory organization and each group, association, or other organization that engages in joint underwriting or joint reinsurance.
(b)
The entity examined shall pay the reasonable costs of an examination on presentation to it of a detailed account of the costs.
(c)
The officers, manager, agents, and employees of the entity examined may be examined at any time under oath and shall exhibit all books, records, accounts, documents, or agreements that govern the entity’s methods of operation.
(d)
Instead of making an examination under this section, the Commissioner may accept the report of an examination made by the insurance supervisory official of another state under the laws of that state.
Md. Code Ann., Ins. § 11-226 (2026)
Title 11. Insurance Rating Law
Subtitle 2. Prior Approval Rate Making
§ 11–226LinkCopy Citation
(a)
(1)
(i)
So that the experience of all insurers may be made available at least annually in the form and detail necessary to help the Commissioner in determining whether rating systems comply with the standards set forth in this subtitle, the Commissioner shall adopt reasonable rules and statistical plans that are reasonably adapted to each of the rating systems on file with the Commissioner for the recording and reporting of loss and expense experience.
(ii)
The Commissioner periodically may modify the rules and plans adopted under this subsection.
(iii)
Each insurer shall use the rules and plans adopted by the Commissioner to record and report its loss and countrywide expense experience.
(2)
The rules and plans adopted under this subsection may also provide for the recording and reporting of expense experience items that are specially applicable to the State and are not susceptible of determination by prorating countrywide expense experience.
(3)
In adopting the rules and plans, the Commissioner shall give due consideration:
(i)
to the rating systems on file with the Commissioner; and
(ii)
to the rules and to the form of the plans used for the rating systems in other states, so that the rules and plans may be as uniform as is practicable among states.
(4)
An insurer may not be required to record or report its loss experience on a classification basis that is inconsistent with the rating system filed by it.
(5)
(i)
The Commissioner may designate one or more rating organizations or other agencies to help in gathering and compiling experience information.
(ii)
Subject to reasonable regulations adopted by the Commissioner, the compilations shall be made available to insurers and rating organizations.
(b)
The Commissioner may adopt reasonable rules and plans for the interchange of data necessary for the application of rating plans.
(c)
To further uniform administration of rate regulatory laws, the Commissioner and each insurer and rating organization may:
(1)
exchange information and experience data with each other and with insurance supervisory officials, insurers, and rating organizations in other states; and
(2)
consult with them about rate making and the application of rating systems.
Md. Code Ann., Ins. § 11-227 (2026)
Title 11. Insurance Rating Law
Subtitle 2. Prior Approval Rate Making
§ 11–227LinkCopy Citation
The Commissioner may adopt reasonable rules and regulations necessary to carry out the purposes of this subtitle.
Md. Code Ann., Ins. § 11-230 (2026)
Title 11. Insurance Rating Law
Subtitle 2. Prior Approval Rate Making
§ 11–230LinkCopy Citation
(a)
An insurer or officer, insurance producer, or representative of an insurer may not knowingly issue or deliver or knowingly allow the issuance or delivery of a policy or endorsement, certificate, or addition to the policy, except in accordance with the filings that are in effect for the insurer as provided in this subtitle.
(b)
An insurer may pay or allow a commission to a licensed insurance producer of the insurer as compensation for procuring business.
Md. Code Ann., Ins. § 11-231 (2026)
Title 11. Insurance Rating Law
Subtitle 2. Prior Approval Rate Making
§ 11–231LinkCopy Citation
A person may not willfully withhold information from or knowingly give false or misleading information to the Commissioner, a statistical agency designated by the Commissioner, a rating organization, or an insurer if the information will affect the rates or premiums chargeable under this subtitle or the proper issuance of an insurance contract, policy, or guarantee of insurance.
Md. Code Ann., Ins. § 11-232 (2026)
Title 11. Insurance Rating Law
Subtitle 2. Prior Approval Rate Making
§ 11–232LinkCopy Citation
(a)
(1)
If the Commissioner finds that a person has violated a provision of this subtitle, the Commissioner may impose a civil penalty not exceeding $250 for each violation.
(2)
If the Commissioner finds a violation of this subtitle to be willful, the Commissioner may impose a civil penalty not exceeding $1,000 for the violation.
(3)
A penalty imposed under this subsection is in addition to any other penalty provided by law.
(b)
(1)
The Commissioner may suspend the license of a rating organization or certificate of authority of an insurer that fails to comply with an order of the Commissioner within the time set by the order or any extension of that time granted by the Commissioner.
(2)
The Commissioner may not suspend the license of a rating organization or certificate of authority of an insurer for failure to comply with an order:
(i)
until the time set for an appeal from the order has expired; or
(ii)
if an appeal has been taken, until the order has been affirmed.
(3)
The Commissioner may determine when the suspension of a license or certificate of authority becomes effective.
(4)
The suspension shall remain in effect for the period set by the Commissioner unless the Commissioner modifies or rescinds the suspension or until the order on which the suspension is based is modified, rescinded, or reversed.
(c)
(1)
Before the Commissioner imposes a penalty or suspends or revokes a license or certificate of authority under this subtitle, the Commissioner shall issue a written order that states the findings of the Commissioner.
(2)
The Commissioner shall hold a hearing before issuing an order under paragraph (1) of this subsection.
(3)
The Commissioner shall give written notice of the hearing at least 10 days before the hearing.
(4)
The notice shall specify the alleged violation.