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This entry was published on 2021-01-01
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SECTION 2316
Prohibition of anti-competitive behavior
Insurance (ISC) CHAPTER 28, ARTICLE 23
* § 2316. Prohibition of anti-competitive behavior. (a) (1) No insurer
or rate service organization shall monopolize or attempt to monopolize,
or combine or conspire with any other person or persons to monopolize,
in any territory, the business of insurance or any kind, subdivision or
class thereof.

(2) No insurer or rate service organization shall agree with any other
insurer or rate service organization to charge or adhere to any rate,
although insurers and rate service organizations may continue to
exchange statistical information.

(3) No insurer or rate service organization shall make any agreement
with any other insurer, rate service organization or other person to
restrain trade.

(4) No insurer or rate service organization shall make any agreement
with any other insurer, rate service organization or other person the
effect of which may be substantially to lessen competition in any
territory or in any kind, subdivision or class of insurance.

(5) No insurer may acquire or retain any capital stock or assets of,
or have any common management with, any other insurer or insurers, if
the effect of such acquisition, retention or common management may be
substantially to lessen competition in any territory or in any kind,
subdivision or class of insurance.

(6) No insurer or rate service organization shall make any agreement
with any other insurer or rate service organization to refuse to deal
with any person in connection with the sale of insurance.

(7) No rate service organization or member or subscriber thereof shall
interfere with the right of any insurer to make its rates independently
of such rate service organization or to charge rates different from the
rates made by such rate service organization.

(8) No member of or subscriber to a rate service organization shall
refuse to do business with, or prohibit or prevent the payment of
commissions to, any licensed agent or broker on the ground that such
agent or broker does business with an insurer which makes its rates, or
any portion thereof, independently of such rate service organization.

(9) Nothing contained in this article shall be construed as requiring
any insurer to become a member of or a subscriber to any rate service
organization, or as preventing any insurer, while a member of or
subscriber to a rate service organization, from making its own rates for
any kind, subdivision or class of insurance, for which it does not elect
to authorize the rate service organization to act on its behalf.

(10) Any insurer which is a member of or subscriber to a rate service
organization may make its own rates for any kind, subdivision or class
of insurance. No rate service organization shall have authority to act
on behalf of any insurer which is a member of or subscriber to such rate
service organization except as authorized in writing by such member or
subscriber, which authority may be supplemented, modified or revoked, in
whole or in part, at any time by such member or subscriber at its
option.

(11) No rate service organization shall have or adopt any rule or
exact any agreement, or formulate or engage in any program, the effect
of which would be to require any member, subscriber or other insurer to
utilize some or all of its ratings services, or to adhere to its rates,
rating plans, rating systems, underwriting rules, or policy forms, or to
prevent any insurer from acting independently.

(b) (1) Any rate made in violation of subsection (a) hereof shall be
disapproved by the superintendent pursuant to the applicable procedures
prescribed in subsection (b) of section two thousand three hundred
twenty of this article, and each violator shall be subject to the
penalties of subsection (c) of such section.

(2) The superintendent, through the attorney general, and any person
injured in his business or property by reason of anything forbidden in
subsection (a) hereof, may maintain an action to enjoin any violation of
such subsection.

(3) Any person injured in his business or property by reason of
anything forbidden in subsection (a) hereof may maintain an action and
shall recover threefold the damages sustained by him.

(c) Nothing in this section shall be construed as applying to or
prohibiting cooperative action authorized and regulated under this
article. Nor shall this section apply to kinds of insurance or insurance
activities the rates for which are subject to prior approval pursuant to
subsection (b) of section two thousand three hundred five of this
article, except that this article shall not be construed as requiring an
insurer to become a member of or subscriber to a rate service
organization.

* NB Expires July 1, 2023