Section 375.1090

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 375

Effective - 28 Aug 1991   

  375.1090.  Purchasing group subject to insurance 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:

  (1)  Prohibit the establishment of a purchasing group;

  (2)  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;

  (3)  Prohibit a purchasing group or its members from purchasing insurance on a group basis described in subdivision (2) of this section;

  (4)  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;

  (5)  Require that a purchasing group must have a minimum number of members, common ownership or affiliation, or certain legal form;

  (6)  Require that a certain percentage of a purchasing group must obtain insurance on a group 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 members be countersigned by an insurance agent or broker residing in this state.

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(L. 1991 H.B. 385, et al. § 29)