§ 26.1-25-10.2 — Insurers and advisory organizations - Prohibited activity

North Dakota § 26.1-25-10.2

• Jurisdiction: North Dakota
• Title 26.1: Insurance
• Ch. 26.1-25: Fire, Property, and Casualty Insurance Rates

Text

1. No insurer or advisory organization may:
a. Attempt to monopolize or combine or conspire with any other person to
monopolize an insurance market.
b. Engage in a boycott, on a concerted basis, of an insurance market.
2. a. No insurer may agree with any other insurer or with an advisory organization to
mandate adherence to or to mandate use of any rate, rating plan, rating
schedule, rating rule, policy or bond form, rate classification, rate territory,
underwriting rule, survey, inspection or similar material, except as needed to
develop statistical plans permitted by subsection 1. The fact that two or more
insurers, whether or not members or subscribers of an advisory organization, use
consistently or intermittently the same rates, rating plans, rating schedules, rating
rules, policy or bond forms, rate classifications, rate territories, underwriting rules,
surveys or inspections, or similar materials is not sufficient in itself to support a
finding that an agreement exists.
b. Two or more insurers having a common ownership or operating in this state
under common management or control may act in concert between or among
themselves with respect to any matters pertaining to those activities authorized in
this chapter as if they constituted a single insurer.
3. No insurer or advisory organization may make any arrangement with any other insurer,
advisory organization, or other person which has the purpose or effect of restraining
trade unreasonably or of substantially lessening competition in the business of
insurance.
4. In addition to the other prohibitions contained in this chapter, except as specifically
permitted under this section, no advisory organization may compile or distribute
recommendations relating to rates that include expenses other than loss adjustment
expenses, or profit.