- (a) No rate increase may be applied for a claim payment under uninsured motorist, medical payment, comprehensive, fire, theft, or a combined additional coverage.
(b) This subchapter shall not apply to an automobile that is:
- (1) [Repealed.]
- (2) used in the business of driver training; or
- (3) insured under a commercial plan.
- (c) No surcharge may be applied to a policy written for a term in excess of 12 months unless that policy provides for an annual adjustment of premiums.
- (d) The Commissioner may by rule designate mitigating circumstances, the existence of any of which shall remove the basis for application of a surcharge.
- (e) If a policy is surcharged as the result of an accident and subsequently the circumstances of the accident are found to include a mitigating circumstance, the insurer shall refund to the insured the increased portion of the premium generated by the accident.
(Added 1975, No. 75; amended 1979, No. 28, § 7.)