P&COhiohard
Under the filed-rate doctrine as applied in Ohio P&C insurance, which statement is most accurate?
AA policyholder may collaterally attack a duly filed, undisapproved rate in a private lawsuit by treating the filed premium as unlawful and seeking judicial reformation of the rate charged
Rates duly filed under R.C. 3937 and not disapproved by ODI are generally not subject to collateral attack as unreasonable in private lawsuits
CThe doctrine requires every rate to be approved in advance by the Ohio Supreme Court
DThe doctrine permits insurers to charge any rate they choose without filing
Why this is the answer
The filed-rate doctrine treats rates that have been filed under R.C. Chapter 3937 and not disapproved by ODI as presumptively lawful. Policyholders generally cannot use private lawsuits to relitigate the reasonableness of a filed rate; the exclusive remedy is administrative review through ODI. The doctrine does not require Supreme Court approval, and it does not authorize insurers to skip filing.
Studying for the Ohio Property & Casualty exam?
This question comes from our P&C bank. Take a free practice test — no signup.