N.Y. Insurance Law § 2338: Appeal from rate service organization action

§ 2338. Appeal from rate service organization action. (a) This section

shall apply only to kinds of insurance the rates for which are subject

to prior approval pursuant to subsection (b) of section two thousand

three hundred five of this article.

(b) Any member of or subscriber to a rate service organization may

appeal to the superintendent from the action or decision of the rate

service organization in approving or rejecting any proposed change in or

addition to its filings. The superintendent, within thirty days after

the filing of such appeal, shall hold a hearing upon not less than ten

days' written notice to the appellant and to the rate service

organization. After the hearing the superintendent shall issue an order

approving the action or decision of the rate service organization or

directing it to give further consideration to such proposal, or, if such

appeal is from the action or decision of the rate service organization

in rejecting a proposed addition to its filings, he may, in the event he

finds that such action or decision was unreasonable, issue an order

directing the rate service organization to make an addition to its

filings, on behalf of its members and subscribers, in a manner

consistent with his findings, within a reasonable time after the

issuance of such order.

(c) If the appeal is based upon the failure of the rate service

organization to make a filing on behalf of such member or subscriber

which is based on a system of expense provisions which differs, in

accordance with the right granted in subsection (d) of section two

thousand three hundred four of this article, from the system of expense

provisions included in a filing made by the rate service organization,

the superintendent shall, if he grants the appeal, order the rate

service organization to make the requested filing for use by the

appellant. In deciding the appeal the superintendent shall apply the

standards set forth in section two thousand three hundred three of this

article.