1793 - Special provisions relating to premiums.

     § 1793.  Special provisions relating to premiums.        (a)  Limitation on premium increases.--            (1)  An insurer shall not increase the premium rate of an        owner of a policy of insurance subject to this chapter solely        because one or more of the insureds under the policy made a        claim under the policy and was paid thereon unless it is        determined that the insured was at fault in contributing to        the accident giving rise to the claim.            (2)  No insurer shall charge an insured who has been        convicted of a violation of an offense enumerated in section        1535 (relating to schedule of convictions and points) a        higher rate for a policy of insurance solely on account of        the conviction. An insurer may charge an insured a higher        rate for a policy of insurance if a claim is made under        paragraph (1).        (b)  Surcharge disclosure plan.--All insurers shall provide     to the insured a surcharge disclosure plan. The insurer     providing the surcharge disclosure plan shall detail the     provisions of the plan including, but not limited to:            (1)  A description of conditions that would assess a        premium surcharge to an insured along with the estimated        increase of the surcharge per policy period per policyholder.            (2)  The number of years any surcharge will be in effect.     The surcharge disclosure plan shall be delivered to each insured     by the insurer at least once annually. Additionally, the     surcharge information plan shall be given to each prospective     insured at the time application is made for motor vehicle     insurance coverage.        (c)  Return of premiums of canceled policies.--When an     insurer cancels a motor vehicle insurance policy which is     subject to section 6(3) of the act of June 5, 1968 (P.L.140,     No.78), relating to writing, cancellation of or refusal to renew     policies of automobile insurance, the insurer shall within 30     days of canceling the policy return to the insured all premiums     paid under the policy less any proration for the period the     policy was in effect. Premiums are overdue if not paid to the     insured within 30 days after canceling the policy. Overdue     return premiums shall bear interest at the rate of 12% per annum     from the date the return premium became due.        (d)  Rules and regulations.--The Insurance Department shall     promulgate rules and regulations establishing guidelines and     procedures for determining fault of an insured for the purpose     of subsection (a) and guidelines for the content and format of     the surcharge disclosure plan.        References in Text.  The act of June 5, 1968 (P.L.140,     No.78), referred to as the Automobile Insurance Policy Act,     referred to in subsec. (c), was repealed by the act of June 17,     1998, P.L.464, No.68. The subject matter is now contained in     Article XX of the act of May 17, 1921 (P.L.682, No.284), known     as The Insurance Company Law of 1921.