§9674. Purchasing groups
(a) Exemption
Except as provided in this section, a purchasing group is exempt from the following:
(1) A State law, rule, or order which prohibits the establishment of a purchasing group.
(2) A State law, rule, or order which makes it unlawful for an insurer to provide or offer to provide insurance on a basis providing, to a purchasing group or its member, advantages, based on their loss and expense experience, not afforded to other persons with respect to rates, policy forms, coverages, or other matters.
(3) A State law, rule, or order which prohibits a purchasing group or its members from purchasing insurance on the group basis described in paragraph (2) of this subsection.
(4) A State law, rule, or order which prohibits a purchasing group from obtaining insurance on a group basis because the group has not been in existence for a minimum period of time or because any member has not belonged to the group for a minimum period of time.
(5) A State law, rule, or order which requires that a purchasing group must have a minimum number of members, common ownership or affiliation, or a certain legal form.
(6) A State law, rule, or order which requires that a certain percentage of a purchasing group must obtain insurance on a group basis.
(7) A State law, rule, or order which requires that any insurance policy issued to a purchasing group or any members of the group be countersigned by an insurance agent or broker residing in that State.
(8) A State law, rule, or order which otherwise discriminate 1 against a purchasing group or any of its members.
(b) Application of exemptions
The exemptions specified in subsection (a) apply to the following:
(1) Pollution liability insurance, and comprehensive general liability insurance which includes this coverage, provided to-
(A) a purchasing group; or
(B) any person who is a member of a purchasing group.
(2) The sale of any one of the following to a purchasing group or a member of the group:
(A) Pollution liability insurance and comprehensive general liability coverage.
(B) Insurance related services.
(C) Management services.
(c) Agents or brokers
A State may require that a person acting, or offering to act, as an agent or broker for a purchasing group obtain a license from that State, except that a State may not impose any qualification or requirement which discriminates against a nonresident agent or broker.
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