§ 38-87-80 — Purchasing group; notice of intent to do business; notice of changes; designation of commissioner as agent for service; exceptions; additional information.

(A) A purchasing group prior to doing business in this State shall furnish notice to the department, on forms prescribed or approved by it, which shall: (1) identify the state in which the group is domiciled; (2) identify all other states in which the group intends to do business; (3) specify the lines and classifications of liability insurance which the purchasing group intends to purchase; (4) identify the insurance company from which the group intends to purchase its insurance and the domicile of such company; (5) specify the method by which, and the person, if any, through whom insurance will be offered to its members whose risks are resident or located in this State; (6) identify the principal place of business of the group; (7) provide other information as may be required by the director or his designee to verify that the purchasing group is qualified under Section 38-87-20(10). (B) A purchasing group shall notify, within ten days, the director or his designee of any changes in any of the items set forth in subsection (A) of this section. (C) The purchasing group shall register with the department and designate the Director of the Department of Insurance as its agent solely for the purpose of receiving service of legal documents or process, except that such requirements do not apply in the case of a purchasing group which satisfies the director or his designee that it only purchases insurance that was authorized under the Federal Products Liability Risk Retention Act of 1981, and: (1) that in any state of the United States (a) it was domiciled before April 1, 1986; and (b) it is domiciled on and after October 27, 1986; (2) that (a) before October 27, 1986, it purchased insurance from an insurance carrier licensed in any state; and (b) since October 27, 1986, it purchased its insurance from an insurance carrier licensed in any state; or (3) that it was a purchasing group under the requirements of the Product Liability Risk Retention Act of 1981 before October 27, 1986. (D) Each purchasing group that is required to give notice pursuant to subsection (A) of this section also shall furnish such information as may be required by the director or his designee to: (1) verify that the entity qualifies as a purchasing group; (2) determine where the purchasing group is located; (3) determine appropriate tax treatment.

Legislative History

HISTORY: 1988 Act No. 355, SECTION 1; 1993 Act No. 181, SECTION 842.