375.1090. Purchasing group subject to insurance laws, exceptions.
Purchasing group subject to insurance laws, exceptions.
375.1090. A purchasing group and its insurer or insurersshall be subject to all applicable laws of this state, exceptthat a purchasing group and its insurer or insurers shall beexempt, in regard to liability insurance for the purchasinggroup, from any law that would:
(1) Prohibit the establishment of a purchasing group;
(2) Make it unlawful for an insurer to provide or offer toprovide insurance on a basis providing, to a purchasing group orits members, advantages based on their loss and expenseexperience not afforded to other persons with respect to rates,policy forms, coverages or other matters;
(3) Prohibit a purchasing group or its members frompurchasing insurance on a group basis described in subdivision(2) of this section;
(4) Prohibit a purchasing group from obtaining insurance ona group basis because the group has not been in existence for aminimum period of time or because any member has not belonged tothe group for a minimum period of time;
(5) Require that a purchasing group must have a minimumnumber of members, common ownership or affiliation, or certainlegal form;
(6) Require that a certain percentage of a purchasing groupmust obtain insurance on a group basis;
(7) Otherwise discriminate against a purchasing group orany of its members; or
(8) Require that any insurance policy issued to apurchasing group or any of its members be countersigned by aninsurance agent or broker residing in this state.
(L. 1991 H.B. 385, et al. § 29)