287.935. Insurer and advisory organization not to make agreement restraining trade--insurer must use uniform experience rating plan--exceptions.
Insurer and advisory organization not to make agreement restrainingtrade--insurer must use uniform experience rating plan--exceptions.
287.935. 1. No insurer or advisory organization shall makeany arrangement with any other insurer, advisory organization orother person which has the purpose or effect or restraining tradeunreasonably or of substantially lessening competition in thebusiness of insurance.
2. No insurer shall agree with any other insurer or withthe advisory organization to adhere to or use any rate, ratingplan, other than the uniform experience rating plan, or ratingrule except as needed to comply with the requirements of section287.955.
3. The fact that two or more insurers, whether or notmembers or subscribers of the advisory organization, useconsistently or intermittently, the same rates, rating plans,rating schedules, rating rules, policy forms, rateclassifications, underwriting rules, surveys or inspections orsimilar materials is not sufficient in itself to support afinding that an agreement exists.
4. Two or more insurers which have a common ownership oroperate in this state under common management or control may actin concert between or among themselves with respect to anymatters pertaining to those activities authorized in sections287.930 to 287.975 as if they constituted a single insurer.
(L. 1993 S.B. 251 § 19)Effective 1-1-94