Anti-competitive agreements prohibited.

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  • (1)
    • (a) An insurer may not assume any obligation to any person other than a policyholder or other company under common control, to use or adhere to certain rates or rating procedures.
    • (b) Except for a policyholder or other company under common control, a person may not impose any penalty or other adverse consequence for failure of an insurer to adhere to certain rates or rating procedures.
  • (2) This section does not apply to rates used:
    • (a) by a joint underwriting group;
    • (b) by a pool;
    • (c) under quota share reinsurance treaties; or
    • (d) by a residual market mechanism.




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