33-16-303. Use of rates, rating systems, underwriting rules, and policy or bond forms of rating or advisory organizations -- agreements to adhere to.
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33-16-303 . Use of rates, rating systems, underwriting rules, and policy or bond forms of rating or advisory organizations -- agreements to adhere to.
(1)Members and subscribers of rating or advisory organizations may use the rates, rating systems, underwriting rules, or policy or bond forms of those organizations, either consistently or intermittently, but, except as provided in 33-16-105 , 33-16-302 , 33-16-305 , 33-16-307 , 33-16-1008 , 33-16-1020 through 33-16-1023 , and 33-16-1025 through 33-16-1036 , may not agree with each other or rating organizations or others to adhere to the organizations' rates, systems, rules, or policy or bond forms.
(2)The fact that two or more admitted insurers, whether or not members or subscribers of a rating or advisory organization, use, either consistently or intermittently, the rates or rating systems made or adopted by a rating organization or the underwriting rules or policy or bond forms prepared by a rating or advisory organization is not sufficient in itself to support a finding that an agreement prohibited under subsection
(1)exists and may be used only for the purpose of supplementing or explaining direct evidence of the existence of any agreement.