Section 5909. Restrictions on insurance obtained by purchasing groups  


Latest version.
  • (a) A
      purchasing  group  located  in  this  state shall not purchase liability
      insurance from a risk retention group not chartered in a state  or  from
      an insurer not authorized in this state, unless the purchase is effected
      pursuant  to  section  two thousand one hundred eighteen of this chapter
      through an excess line broker licensed pursuant to section two  thousand
      one  hundred  five  of  this  chapter,  except where otherwise permitted
      pursuant to section two thousand one hundred seventeen of this chapter.
        (b) The terms of any liability insurance policy issued or  issued  for
      delivery in this state to a purchasing group or any of its members shall
      not  provide,  or be construed to provide, insurance coverage prohibited
      generally by state statute or declared unlawful by the highest court  of
      the  state  whose  law  applies to such policy. If the law of this state
      applies to an insurance policy obtained by a purchasing group, the terms
      of that policy shall not provide or be construed  to  provide  insurance
      coverage  prohibited  generally by state statute or declared unlawful by
      the highest court of this state which has construed such coverage.
        (c) A purchasing group  which  obtains  liability  insurance  from  an
      insurer  not  authorized  in  this state or a risk retention group shall
      inform each of the members of such group which have a risk  resident  or
      located  in  this  state that such risk is not protected by an insurance
      insolvency security fund in this state, and  that  such  risk  retention
      group  or  such  insurer  may  not  be subject to all insurance laws and
      regulations of this state.
        (d) No liability insurance policy issued or  issued  for  delivery  in
      this  state  to a purchasing group or a member of such group with a risk
      resident or located within this state shall provide for a deductible  or
      self-insured   retention   shared  among  purchasing  group  members  or
      applicable to the group itself.