Exemptions for purchasing group and insurer in regard to liability insurance--Subject to other laws.

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58-6A-16.1. Exemptions for purchasing group and insurer in regard to liability insurance--Subject to other laws.

A purchasing group and its insurer or insurers are subject to all applicable laws of this state, except that a purchasing group and its insurer or insurers are exempt, in regard to liability insurance for the purchasing group, from any law that would:

(1)Prohibit the establishment of a purchasing group;

(2)Make it unlawful for an insurer to provide or offer to provide insurance on a basis providing advantages to a purchasing group or its members based on their loss and expense experience, which coverage is not afforded to other persons with respect to rates, policy forms, coverages, or other matters;

(3)Prohibit a purchasing group or its members from purchasing insurance on a group basis as described in subdivision (2) of this section;

(4)Prohibit a purchasing group from obtaining insurance on a group basis because the group has not been in existence for a minimum period of time or because any member has not belonged to the group for a minimum period of time;

(5)Require that a purchasing group shall have a minimum number of members, common ownership or affiliation, or certain legal form;

(6)Require that a certain percentage of a purchasing group shall obtain insurance on a group basis;

(7)Otherwise discriminate against a purchasing group or any of its members; or

(8)Require that any insurance policy issued to a purchasing group or any of its members be countersigned by an insurance producer residing in this state.

Source: SL 1988, ch 392, §4; SL 2001, ch 286, §91.


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