PURPOSE: This rule provides requirements for use and recordkeeping for insurance companies or reciprocal interinsurance ex-changes using rate variations (consent to rate). This rule was adopted pursuant to the provisions of section 374.045, RSMo and implements sections 375.031, 375.136, 379.318.2., 379.321.3. and 379.470.6., RSMo.

1. (1) Standards for the Use of Consent to Rate.

   1. (A) No insurance company or reciprocal interinsurance exchange using rates subject to section 379.318 or 379.470, RSMo, shall effect a policy of insurance or a renewal at a rate varying from the rate properly filed for its use on that specific risk unless the form contained as Exhibit A or one (1) substantially similar is completed by the insured.

   2. (B) Reasons for any individual modifications in rate for private passenger automobile or homeowners or occupied residential dwelling fire policies must be entered in Exhibit A and—

      1. 1. Be highly unusual and have a documentably probable

effect upon losses, stating specifically why the proposed insured is not within a reasonable class or classification system;

1. 2. Be clearly and specifically stated as to each specific risk

factor (such general statements as “Risk does not meet normal rates” are not acceptable);

1. 3. Not be based solely upon the actions of another insurer

toward that insured or that person’s age, residence, race, sex, color, creed, national origin, ancestry, or lawful occupation; and

1. 4. The following statement must be a part of each

form 20 CSR 500-4.300 Exhibit A and signed by the insured: “I,_________________, declare that I have been unable to obtain this insurance from other companies and hereby consent to pay the higher rates which I am being charged for this insurance. I understand that any deductible amount stated in my policy will be deducted from each claim I may make under the policy issued me.”

1. (C) Schedule experience rated policies, or both, approved and filed by the department are exempt from this rule.
2. (D) Policies rated on any substandard dwelling schedule or rating plan filed with the department are considered special rating policies for the purposes of the record requirements of section (2) of this rule.

1. (2) Record Keeping Requirements.

   1. (A) All insurance companies subject to this rule shall—

      1. 1. Complete and execute monthly, with the signature of a

person authorized by the company to do so, Exhibit B;

1. 2. File and preserve the original completed Exhibits A and

B in the company’s policy file and a duplicate copy of each in the company’s Missouri records file; and

1. 3. Transmit to the department a completed signed copy of

Exhibit B before the end of the next monthly period. (B) Exhibits A and B, included herein, or forms substantially similar may be prepared by each company concerned.

1. (3) Standards for the Use of Consent to Rate Applicable to Aircraft Insurance.

   1. (A) This section applies to policies of insurance against liability, other than employers’ liability, arising out of the ownership, maintenance, or use of aircraft.
   2. (B) No insurance company or reciprocal interinsurance exchange using rates subject to section 379.318, RSMo, shall effect a policy of insurance or a renewal at a rate varying from the rate properly filed for its use on that specific risk unless the company documents the need to deviate from the filed rate based on the unique nature of the individual risk.

   3. (C) All insurance companies subject to this section shall—

      1. 1. Collect and maintain documentation that demonstrates

the unique characteristics of the risk and how the final premium was determined;

1. 2. File and maintain the documentation in the company’s

policy file; and

1. 3. Make the documentation available to the director upon

request. AUTHORITY: sections 374.045, 375.031, 375.136, 379.318(2), and 379.470(6), RSMo 2016, and section 379.321.3, RSMo Supp. 2022.* This rule was previously filed as 4 CSR 190-16.080. Original rule filed Dec. 20, 1974, effective Dec. 30, 1974. Amended: Filed April 23, 1999, effective Nov. 30, 1999. Amended: Filed July 12, 2002, effective Jan. 30, 2003. Amended: Filed Dec. 13, 2018, effective July 30, 2019. Amended: Filed Aug. 15, 2022, effective Feb. 28, 2023. *Original authority: 374.045, RSMo 1967, amended 1993, 1995, 2008; 375.031, RSMo 1979, amended 1985, 1986, 2001; 375.136, RSMo 1967, amended 1977, 2001; 379.318, RSMo 1972; 379.321, RSMo 1972, amended 1999, 2001, 2002, 2018; and 379.470, RSMo 1947, amended 2015.