Section 287.935

Title XVIII LABOR AND INDUSTRIAL RELATIONS

Chapter 287

Effective - 01 Jan 1994, see footnote   

  287.935.  Insurer and advisory organization not to make agreement restraining trade — insurer must use uniform experience rating plan — exceptions. — 1.  No insurer or advisory organization shall make any arrangement with any other insurer, advisory organization or other person which has the purpose or effect or restraining trade unreasonably or of substantially lessening competition in the business of insurance.

  2.  No insurer shall agree with any other insurer or with the advisory organization to adhere to or use any rate, rating plan, other than the uniform experience rating plan, or rating rule except as needed to comply with the requirements of section 287.955.

  3.  The fact that two or more insurers, whether or not members or subscribers of the advisory organization, use consistently or intermittently, the same rates, rating plans, rating schedules, rating rules, policy forms, rate classifications, underwriting rules, surveys or inspections or similar materials is not sufficient in itself to support a finding that an agreement exists.

  4.  Two or more insurers which have a common ownership or operate 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 sections 287.930 to 287.975 as if they constituted a single insurer.

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(L. 1993 S.B. 251 § 19)

Effective 1-01-94