                                 CODE OF VIRGINIA

COLLECTION OF EXPERIENCE DATA; UNIFORMITY; COMPILATIONS AVAILABLE TO INSURERS
AND RATE SERVICE ORGANIZATIONS (§ 38.2-1919)

A. The Commission may promulgate reasonable rules and statistical plans for each
of the rating systems on file with it, which may be modified from time to time.
These rules and plans shall be used by each insurer in the recording and
reporting of its loss and countrywide expense experience, so that the experience
of all insurers may be made available, at least annually, in the form and detail
necessary to aid the Commission in determining whether rating systems comply
with the standards set forth in &#xA7; 38.2-1904. The rules and plans may also
provide for the recording and reporting of expense experience items that are
specially applicable to this Commonwealth and cannot be determined by prorating
the countrywide experience.

B. In promulgating the rules and plans the Commission shall give due
consideration (i) to the rating systems on file with it and (ii) to the rules
and to the form of the plans used for rating systems in other states so that the
rules and plans may be as uniform as is practicable among the several states.

C. The Commission may designate one or more rate service organizations or other
agencies to assist it in gathering the experience data and making compilations
of it. These compilations shall be made available, subject to reasonable rules
promulgated by the Commission, to insurers and rate service organizations. Any
rate service organization designated by the Commission shall retain the
experience data and compilations of the experience data in the format and detail
required by the applicable statistical plan and shall submit this information to
the Commission upon request. Any rate service organization designated by the
Commission to gather and compile experience data for any classification of
workers&#8217; compensation insurance that includes coal mining shall report
such data annually to the Commission for the most recent five years for which
such data is available.

D. Every rate service organization that has uniform (i) statistical plans, (ii)
classification systems, (iii) experience rating plans, and (iv) manual rules
filed and approved in accordance with the provisions of &#xA7; 38.2-1913 D shall
gather and compile the experience data of its members for insurance as defined
in &#xA7; 38.2-119. Each member insurer shall adhere to such uniform plans,
systems, and rules of its designated rate service organization in the recording
of its experience and the reporting of such information to the rate service
organization. Each rate service organization that gathers and compiles
information pursuant to this subsection shall be subject to the provisions of
subsection C as to the availability, retention, and filing of the experience
data of its members.

HISTORY: 1973, c. 504, § 38.1-279.46; 1976, c. 329; 1986, c. 562; 1993, c. 985;
2003, c. 222.