(1) Requests for rates higher than those established in this sub-chapter for
a debtor or a creditor or a class or classes of debtors or creditors will be
approved on a satisfactory showing by the insurer that, because of the nature
of the risk, the mortality or morbidity experience which may reasonably be
anticipated will be significantly higher than the average anticipated
experience upon which the applicable rate standard was based.
(2) In judging requests for higher rates, the
commissioner of insurance will consider;
(a) Available mortality and morbidity data
pertaining to the debtors of a creditor or a class or classes of debtors of a
(b) Previous experience, if any, for an actuarially credible period of the
creditor's debtors, including the experience of any subsidiary or affiliate of
(c) Available age data; and
reasonable rate of expense.
data and prior experience of the creditor's pro-gram should always be
(4) Commissions or other
payments or allowances to creditors, agents, or general agents will not be
considered a justification for higher rates.