Restrictions on purchasing groups.

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  • (1) A purchasing group may not purchase insurance from a risk retention group that is not chartered in a state or from an insurer not admitted in the state in which the purchasing group is located, unless the purchase is effected through a licensed producer acting pursuant to the surplus lines laws and regulations of the state in which the purchasing group is located.
  • (2) A purchasing group that obtains liability insurance from an insurer not admitted in this state or a risk retention group shall inform each of the members of the purchasing group or risk retention group that have a risk resident or located in this state that:
    • (a) the risk is not protected by an insurance insolvency guaranty fund in this state; and
    • (b) the risk retention group or insurer may not be subject to all insurance laws and regulations of this state.
  • (3)
    • (a) A purchasing group may not purchase insurance providing for a deductible or self-insured retention applicable to the group as a whole.
    • (b) Notwithstanding Subsection (3)(a), coverage may provide for a deductible or self-insured retention applicable to individual members.
  • (4) Purchases of insurance by purchasing groups are subject to the same standards regarding aggregate limits which are applicable to all purchases of group insurance.




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