§431:10C-202  Making of motor vehicle
insurance rates.  All premium rates for motor vehicle insurance shall be
made in accordance with article 14 and the following provisions:



(1)  Notwithstanding any other law to the contrary, no
insurer shall agree, combine, or conspire with any other private insurer or
enter into, become a member of, or participate in any understanding, pool, or
trust, to fix, control, or maintain, directly or indirectly, motor vehicle
insurance rates.  Any violation of this section shall subject the insurer and
each of its officers and employees involved to the penalties of chapter 480
without benefit of any exemption otherwise permitted by section 480-11;
provided that this paragraph shall not apply to advisory organizations referred
to in section 431:14-111 which are not involved in ratemaking under this
article.



(2)  Notwithstanding any provision in this section to
the contrary, the plans and rates for any surcharge or credit included by an
insurer as part of the proposed rate filing shall be separately identified. 
Only reasonable surcharges approved by the commissioner shall be used; provided
that no surcharge for the failure to maintain motor vehicle insurance shall be
approved by the commissioner unless the insured has previously been convicted
of driving without insurance within the preceding three years.  Credits shall
be deemed reasonable if there is no objection by the commissioner.  Insurers
shall furnish the prospective insured with a written explanation, in easily
understandable language, clearly describing the reason for the surcharge or
credit and how the amount of the surcharge or credit is determined. [L 1987, c
347, pt of §2 as superseded by c 349, §7; am L 1990, c 159, §2 and c 218, §2;
am L 1992, c 123, §3 and c 124, §3; am L 1997, c 251, §32]