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Applying the filed-rate doctrine to NJ P&C insurance, which statement is most accurate?
AA policyholder may sue an insurer in tort or contract for rate unreasonableness based solely on the insurer charging a duly filed, non-disapproved rate, relitigating that filed rate outside the administrative review process.
Rates filed under N.J.S.A. 17:29A and not disapproved (or affirmatively approved where prior approval applies) are presumptively lawful and generally not subject to collateral attack as unreasonable in private litigation.
CThe doctrine requires every P&C rate to be approved in advance by the New Jersey Supreme Court before it may be charged to policyholders.
DThe doctrine permits insurers to charge any rate they choose without filing it with DOBI or obtaining any administrative review.
Why this is the answer
The filed-rate doctrine treats NJ P&C rates filed under N.J.S.A. 17:29A and not disapproved (or affirmatively approved under prior approval) as presumptively lawful. Policyholders generally cannot relitigate the reasonableness of a filed rate in private suits; the exclusive remedy is administrative review through DOBI. The doctrine does not require Supreme Court approval and does not authorize insurers to skip filing.
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