83-55-13 - Purchasing group and insurer subject to all applicable state laws; exceptions.
§ 83-55-13. Purchasing group and insurer subject to all applicable state laws; exceptions.
A purchasing group and its insurer or insurers shall be subject to all applicable laws of this state, except that a purchasing group and its insurer or insurers shall be exempt, in regard to liability insurance for the purchasing group, from any law that would:
(a) Prohibit the establishment of a purchasing group;
(b) Make it unlawful for an insurer to provide or offer to provide insurance on a basis providing, to a purchasing group or its members, advantages based on their loss and expense experience not afforded to other persons with respect to rates, policy forms, coverages or other matters;
(c) Prohibit a purchasing group or its members from purchasing insurance on a group basis described in paragraph (b) of this section;
(d) 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;
(e) Require that a purchasing group must have a minimum number of members, common ownership or affiliation or certain legal form;
(f) Require that a certain percentage of a purchasing group must obtain insurance on a group basis;
(g) Otherwise discriminate against a purchasing group or any of its members; or
(h) Require that any insurance policy issued to a purchasing group or any of its members be countersigned by an insurance agent or broker residing in this state.
Sources: Laws, 1988, ch. 419, § 7, eff from and after July 1, 1988.