§ 2303. Standards for rates. Rates shall not be excessive, inadequate,
unfairly discriminatory, destructive of competition or detrimental to
the solvency of insurers. In determining whether rates comply with the
foregoing standards, the superintendent shall include all income earned
by such insurer and any insurer controlling or controlled by such
insurer or under common control by or with such insurer on all its
investments of any kind and wherever located. The superintendent shall
further determine whether any component of such rates represent an
effort on the part of the insurer to recover losses incurred in another
state due to any referendum, law or regulation which requires a general
reduction in rates for the kinds of insurance described in section two
thousand three hundred two of this article. Such a finding shall be
deemed unfairly discriminatory for the purposes of this article.