Section 379.1812

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 379

Effective - 01 Jan 2022, see footnote   

  379.1812.  Loss and expense experience statistics — employee purchase of insurance not required — premium taxes, allocation of premiums. — 1.  An insurer issuing or delivering group personal lines property and casualty insurance shall maintain separate statistics as to the loss and expense experience pertinent thereto.

  2.  No insurer shall issue or deliver a group personal lines property and casualty insurance policy if it is a condition of employment or of membership in a group that any employee or member purchase insurance pursuant to the policy, or if any employee or member shall be subject to any penalty by reason of his or her nonparticipation.

  3.  (1)  No insurer shall issue or deliver a group personal lines property and casualty insurance policy if:

  (a)  The purchase of insurance available under the policy is contingent upon the purchase of any other insurance, product, or service; or

  (b)  The purchase or price of any other insurance, product, or service is contingent upon the purchase of insurance available under the group personal lines property and casualty insurance policy.

  (2)  Subdivision (1) of this subsection shall not be deemed to prohibit the reasonable requirement of safety devices, such as heat detectors, lightning rods, theft prevention equipment and the like.  Neither shall subdivision (1) of this subsection be deemed to prohibit the marketing of package or combination policies.

  4.  The insurer's experience from its group personal lines property and casualty insurance policies shall be included in the determination of the insurer's participation in the applicable residual market plans.

  5.  For purposes of premium taxes, the insurer shall allocate premiums in accordance with the rules applicable to individual personal lines property and casualty insurance policies, except that any required allocation may be based on an annual survey of insureds.  Premiums shall be apportioned among states without differentiation between policyholder or employee or member contributions.

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(L. 2021 H.B. 604 merged with S.B. 6)

Effective 1-01-22