§ 1799.5. Conduct of market study.
(a) Duty of Insurance Department.--The Insurance Department may authorize a market conduct study of private passenger
automobile insurers.
(b) Purposes of study.--The purposes of the study shall be to:
(1) Determine extent of insurer competition.
(2) Determine the number of uninsured motorists.
(3) Determine extent of insurer profits and losses.
(4) Determine that rates and premiums charged to residents are lawfully applied.
(5) Determine if the various policies for automobile insurance written in this Commonwealth
are available equally to each resident.
(6) Determine the validity of existing rating territories and if rate differentials between
or among rating territories is justified by the losses.
(Feb. 7, 1990, P.L.11, No.6, eff. 60 days)
1990 Amendment. Act 6 added section 1799.5.
Cross References. Section 1799.5 is referred to in section 1799.6 of this title.
Notes of Decisions
Sackett v. Nationwide Mut. Ins., 940 A.2d 329 (Pa. 2007).
· cites it 2× “, 75 Pa.C.S. §§ 1799.5, 1799.6, we afford substantial deference to its interpretation in the Present instance insofar as it is consistent', with actual policy terms as further discussed below.”
Burstein v. Prudential Prop. & Cas. Ins., 809 A.2d 204 (Pa. 2002).
“See 75 Pa.C.S. §§ 1799.5, 1799.6. Unlike this Court, therefore, the Department has been vested with the tools necessary to verify that any impact upon the remedial purposes of the MVFRL occasioned by contractual exclusions is a reasonably justified implement of cost containment…”
Nationwide Ins. v. Schneider, 960 A.2d 442 (Pa. 2008).
“See 75 Pa.C.S. §§ 1799.5, 1799.6 (affording the Insurance Department authority to monitor insurer profits, undertake analysis of market studies, conduct random field surveys, and undertake other forms of investigation).”
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