20-392. Rate agreements among insurers
prohibited
A. Except with respect to apportionment agreements among insurers approved by the
director pursuant to section 20-395, an insurer shall not assume any obligation to any
person, other than a policyholder or other insurers which, with it, are under common
control or management or are members of a joint underwriting or joint reinsurance
organization, to use or adhere to certain rates or rules. No person other than the
director may impose any penalty or other adverse consequence for failure of an insurer to
adhere to certain rates or rules.
B. Members and subscribers of rate service organizations or advisory organizations
may use the work products and services of such organizations as their individual judgment
may dictate. Such use by two or more authorized insurers shall not be sufficient to
support a finding that an agreement to adhere exists and may be used only for the purpose
of supplementing direct evidence of such an agreement.
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