[D038]

deviation

1) A rate filing which departs from the filing made by a rating bureau. Under all-industry prior approval rating laws (and some earlier laws), insurers who were members of and subscribers to rating bureaus (for the class of insurance involved) were required to use the rate filed by the bureau, unless the insurers deviated by making a filing with an insurance department and relating their variation to the bureau filing. Deviated filings should be distinguished from independent filings where an insurer withdraws from its affiliation with the bureau for the area of the filing and files directly with the insurance department separate and apart from the bureau filing. Deviations are no longer necessary in over half the states with open competition type rating laws, under which an insurer has no legal obligation to adhere to the filing and may make independent filings while remaining a member or subscriber.

2) In marine insurance, the route taken by a vessel going to some other port or taking some course other than that described in the policy of marine insurance, contract of carriage, or bill of lading.