§ 27-7.1-12.1 - Acts reducing competition prohibited.
SECTION 27-7.1-12.1
§ 27-7.1-12.1 Acts reducing competitionprohibited. – (a) In this section, "insurer" includes two (2) or more affiliated insurers:(1) under common management; or (2) under common controlling ownership or undercommon effective legal control and in fact engaged in joint or cooperativeunderwriting, investment management, marketing, servicing, or administration oftheir business and affairs as insurers.
(b) Neither the advisory organization nor any insurer may:
(1) Monopolize, attempt to monopolize, or combine or conspirewith any other person or persons to monopolize the business of insurance of anykind, subdivision, or class;
(2) Agree with any other insurer or the advisory organizationto charge or adhere to any rate or rating plan other than the uniformexperience rating plan or rating rule except as needed to comply with therequirements of § 27-7.1-10 [Repealed];
(3) Make an agreement with any other insurer, the advisoryorganization, or other person to unreasonably restrain trade or substantiallylessen competition in the business of insurance of any kind, subdivision, orclass; or
(4) Make any agreement with any other insurer or the advisoryorganization to refuse to deal with any person in connection with the sale ofinsurance.
(c) The fact that two (2) or more insurers, whether or notmembers or subscribers to the advisory organization, use consistently orintermittently the same rules rating plans, rating schedules, rating rules,policy forms, rate classification, underwriting rules, surveys, inspections, orsimilar materials is not sufficient in itself to support a finding that anagreement exists.
(d) The advisory organization and any member or subscriber ofit may not interfere with the right of any insurer to make its ratesindependently of the advisory organization.
(e) Except as required by § 27-7.1-10[Repealed], the advisory organization may not have or adopt any ruleor exact any agreement or formulate or engage in any program which wouldrequire any member, subscriber, or other insurer to:
(1) Utilize some or all of its service;
(2) Adhere to its rates, rating plan, rating systems, orunderwriting rules; or
(3) Prevent any insurer from acting independently.