31A-15-207 - Purchasing groups -- Exemption from certain laws.
31A-15-207. Purchasing groups -- Exemption from certain laws.
A purchasing group and its insurers are subject to all applicable laws of this state, exceptthat a purchasing group and its insurers are exempt, in regard to liability insurance for thepurchasing group, from any law that would:
(1) prohibit the establishment of a purchasing group;
(2) make it unlawful for an insurer to provide, or offer to provide, to a purchasing groupor its members insurance on a basis providing advantages based on their loss and expenseexperience not afforded to other persons with respect to rates, policy forms, coverages, or othermatters;
(3) prohibit a purchasing group or its members from purchasing insurance on a groupbasis described in Subsection (2);
(4) prohibit a purchasing group from obtaining insurance on a group basis because thegroup has not been in existence for a minimum period of time or because any member has notbelonged to the group for a minimum period of time;
(5) require that a purchasing group must have a minimum number of members, commonownership or affiliation, or certain legal form;
(6) require that a certain percentage of a purchasing group must obtain insurance on agroup basis;
(7) otherwise discriminate against a purchasing group or any of its members; or
(8) require that any insurance policy issued to a purchasing group or any of its membersbe countersigned by an insurance producer residing in this state.
Amended by Chapter 298, 2003 General Session