Section 5905. Risk retention groups; notice, prohibited solicitation, coverage and ownership  


Latest version.
  • (a) Notice to purchasers.  (1)  Every  insurance  policy  issued by a risk retention group shall contain in ten point type
      on the front page and on the declaration page, the following notice:
     
                                       NOTICE
                This policy is issued by your risk retention  group.
                Your  risk retention group may not be subject to all
                of the insurance laws and regulations of your state.
                State insurance insolvency guaranty  funds  are  not
                available for your risk retention group.
     
        (2)  Every application for insurance from a risk retention group shall
      prominently contain a similar notice.
        (b) Prohibited acts regarding solicitation or sale. The following acts
      by a risk retention group are prohibited:
        (1) The solicitation or sale of insurance to any  person  who  is  not
      eligible for membership in such group; and
        (2)  The solicitation or sale of insurance by, or operation of, a risk
      retention group that  is  in  a  hazardous  financial  condition  or  is
      financially impaired.
        (c)  Prohibited  coverage. The terms of any insurance policy issued or
      issued for delivery in this state by any such risk retention group shall
      not provide, or be construed to provide, coverage  prohibited  generally
      by  statute  of  this state or declared unlawful by the highest court of
      this state whose law applies to such policy.
        (d) Prohibition on ownership by an insurer. No  risk  retention  group
      shall  do business in this state if an insurer is directly or indirectly
      a member or owner of such risk retention group, other than in  the  case
      of a risk retention group all of whose members are insurers.