Section 209 – Restrictions on purchasing groups.

• (1) A purchasing group may not purchase insurance from a risk retention group that is not chartered in a state or from an insurer not admitted in the state in which the purchasing group is located, unless the purchase is effected through a licensed producer acting pursuant to the surplus lines laws and regulations of the state in which the purchasing group is located.

• (2) A purchasing group that obtains liability insurance from an insurer not admitted in this state or a risk retention group shall inform each of the members of the purchasing group or risk retention group that have a risk resident or located in this state that:
  • (a) the risk is not protected by an insurance insolvency guaranty fund in this state; and
  • (b) the risk retention group or insurer may not be subject to all insurance laws and regulations of this state.

• (3)
  • (a) A purchasing group may not purchase insurance providing for a deductible or self-insured retention applicable to the group as a whole.
  • (b) Notwithstanding Subsection (3)(a), coverage may provide for a deductible or self-insured retention applicable to individual members.

• (4) Purchases of insurance by purchasing groups are subject to the same standards regarding aggregate limits which are applicable to all purchases of group insurance.

Amended by Chapter 138, 2016 General Session