2005 Idaho Code - 41-1438 — TWO OR MORE INSURERS MAY ACT IN CONCERT

                                  TITLE  41
                                  INSURANCE
                                  CHAPTER 14
                           PROPERTY INSURANCE RATES
    41-1438.  TWO OR MORE INSURERS MAY ACT IN CONCERT. (1) Subject to and in
compliance with the provisions of this chapter authorizing insurers to be
members or subscribers of rating or advisory organizations or to engage in
joint underwriting or joint reinsurance, two (2) or more insurers may act in
concert with each other and with others with respect to any matters pertaining
to the making of rates or rating systems, the preparation or making of
insurance policy or bond forms, underwriting rules, surveys, inspections and
investigations, the furnishing of loss or expense statistics or other
information and data, or carrying on of research.
    (2)  With respect to any matters pertaining to the making of rates or
rating systems, the preparation or making of insurance policy or bond forms,
underwriting rules, surveys, inspections and investigations, the furnishing of
loss or expense statistics or other information and data, or carrying on of
research, two (2) or more authorized insurers having a common ownership or
operating in the state under common management or control, are hereby
authorized to act in concert between or among themselves the same as if they
constituted a single insurer, and to the extent that such matters relate to
co-surety bonds, two (2) or more authorized insurers executing such bond are
hereby authorized to act in concert between or among themselves the same as if
they constituted a single insurer.
    (3)  Members and subscribers of rating or advisory organizations may use
the rates, rating systems, underwriting rules or policy or bond forms of such
organizations, either consistently or intermittently, but except as provided
in subsection (2) of this section, section 41-1426 (joint underwriting or
joint reinsurance), and section 41-1441 (assigned risks) of this act, shall
not agree with each other or rating organizations or others to adhere thereto.
The fact that two (2) or more authorized insurers, whether or not members or
subscribers of a rating or advisory organization, use, either consistently or
intermittently, the rates or rating systems made or adopted by a rating
organization, or the underwriting rules or policy or bond forms prepared by a
rating or advisory organization, shall not be sufficient in itself to support
a finding that an agreement to so adhere exists, and may be used only for the
purpose of supplementing or explaining direct evidence of the existence of any
such agreement.
    (4)  Licensed rating organizations and authorized insurers are authorized
to exchange information and experience data with rating organizations and
insurers in this and other states and may consult with them with respect to
rate making and the application of rating systems.
    (5)  Upon compliance with the provisions of this chapter applicable
thereto any rating organization, advisory organization, and any group,
association or other organization of authorized insurers which engages in
joint underwriting or joint reinsurance through such organization or by
standing agreement among the members thereof, may conduct operations in this
state. As respects insurance risks or operations in this state, no insurer
shall be a member or subscriber of any such organization, group or association
that has not complied with the provisions of this chapter applicable to it.