41-1436 — DEFINITIONS
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TITLE 41
INSURANCE
CHAPTER 14
PROPERTY INSURANCE RATES
41-1436. DEFINITIONS. As used in this chapter:
(1) "Rating organization" means every person, other than an authorized
insurer, whether located within or outside this state, who has as his object
or purpose the making of rates, rating plans or rating systems. Two (2) or
more authorized insurers which act in concert for the purpose of making rates,
rating plans or rating systems, and which do not operate within the specific
authorizations contained in section 41-1426 (joint underwriting or joint
reinsurance), section 41-1438 of this act (acts in concert), and section
41-1441 of this act (assigned risks), shall be deemed to be a rating
organization.
(2) "Advisory organization" means every group, association, or other
organization of insurers, whether located within or outside this state, which
prepares policy forms or makes underwriting rules incident to but not
including the making of rates, rating plans or rating systems or which
collects and furnishes to authorized insurers or rating organizations loss or
expense statistics or other statistical information and data and acts in an
advisory, as distinguished from a rate-making, capacity.
(3) "Member" means an insurer which participates in or is entitled to
participate in the management of a rating, advisory or other organization.
(4) "Subscriber" means an insurer which is furnished at its request:
(a) With rates and rating manuals by a rating organization of which it is
not a member, or
(b) With advisory services by an advisory organization of which it is not
a member.
(5) "Wilful" or "wilfully" in relation to an act or omission which
constitutes a violation of this chapter means with actual knowledge or belief
that such act or omission constitutes such violation and with specific intent
nevertheless to commit such act or omission.