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

(1)  Notwithstanding any other law to the contrary, noinsurer shall agree, combine, or conspire with any other private insurer orenter into, become a member of, or participate in any understanding, pool, ortrust, to fix, control, or maintain, directly or indirectly, motor vehicleinsurance rates.  Any violation of this section shall subject the insurer andeach of its officers and employees involved to the penalties of chapter 480without benefit of any exemption otherwise permitted by section 480-11;provided that this paragraph shall not apply to advisory organizations referredto in section 431:14-111 which are not involved in ratemaking under thisarticle.

(2)  Notwithstanding any provision in this section tothe contrary, the plans and rates for any surcharge or credit included by aninsurer as part of the proposed rate filing shall be separately identified. Only reasonable surcharges approved by the commissioner shall be used; providedthat no surcharge for the failure to maintain motor vehicle insurance shall beapproved by the commissioner unless the insured has previously been convictedof driving without insurance within the preceding three years.  Credits shallbe deemed reasonable if there is no objection by the commissioner.  Insurersshall furnish the prospective insured with a written explanation, in easilyunderstandable language, clearly describing the reason for the surcharge orcredit and how the amount of the surcharge or credit is determined. [L 1987, c347, pt of §2 as superseded by c 349, §7; am L 1990, c 159, §2 and c 218, §2;am L 1992, c 123, §3 and c 124, §3; am L 1997, c 251, §32]