§ 23-94-207 - Purchasing groups -- Exemption from certain laws.
23-94-207. Purchasing groups -- Exemption from certain laws.
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:
A. Prohibit the establishment of a purchasing group;
B. 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;
C. Prohibit a purchasing group or its members from purchasing insurance on a group basis described in subdivision (B) of this section;
D. 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;
E. Require that a purchasing group must have a minimum number of members, common ownership or affiliation, or certain legal form;
F. Require that a certain percentage of a purchasing group must obtain insurance on a group basis;
G. Otherwise discriminate against a purchasing group or any of its members; or
H. 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.