Additional Provisions Applicable to Advisory Organizations and Statistical Agents; Joint Underwriting, Joint Reinsurance Pool; Assigned Risk and Residual Market Activities

Section 412:21

    412:21 Insurers and Advisory Organizations: Prohibited Activity. –
I. No insurer or advisory organization shall:
(a) Attempt to monopolize, or combine or conspire with any other person to monopolize an insurance market.
(b) Engage in a boycott, on a concerted basis, of an insurance market.
II. No insurer shall agree with any other insurer or with an advisory organization to mandate adherence to or to mandate use of any rate, prospective loss cost, rating plan, rating schedule, rating rule, policy or bond form, rate classification, rate territory, underwriting rule, survey, inspection or similar material, except as needed to facilitate the reporting of statistics to advisory organizations, statistical agents or the commissioner.
III. The fact that 2 or more insurers, whether or not members or subscribers of an advisory organization, use consistently or intermittently the same rates, prospective loss cost, rating plans, rating schedules, rating rules, policy or bond forms, rate classifications, rate territories, underwriting rules, surveys or inspections or similar materials is not sufficient in itself to support a finding that an agreement exists.
IV. Two or more insurers having a common ownership or operating in this state under common management or control may act in concert between or among themselves with respect to any matters pertaining to those activities authorized in this chapter as if they constituted a single insurer.
V. No insurer or advisory organization shall make any arrangement with any other insurer, advisory organization, or other person which has the purpose or effect of unreasonably restraining trade or unreasonably lessening competition in the business of insurance.

Source. 2003, 150:1, eff. Jan. 1, 2004.