379.328. Advisory organization defined--required filings--hearings on activities, discontinuance orders. - Missouri Statutes

Advisory organization defined--required filings--hearings onactivities, discontinuance orders.

379.328. 1. Every group, association or other organizationof insurers, whether located within or outside this state, whichassists insurers which make their own filings or ratingorganizations in ratemaking, by the collection and furnishing ofloss or expense statistics, or by the submission orrecommendations, but which does not make filings under section379.017 and sections 379.316 to 379.361, shall be known as an"advisory organization".

2. Every advisory organization shall file with the director

(1) A copy of its constitution, its articles of agreement orassociation or its certificate of incorporation and of itsbylaws, rules and regulations governing its activities,

(2) A list of its members,

(3) The name and address of a resident of this state uponwhom notices or orders of the director or process issued at hisdirection may be served, and

(4) An agreement that the director may examine such advisoryorganization in accordance with the provisions of section379.343.

3. If, after a hearing, the director finds that thefurnishing of such information or assistance involves any act orpractice which is unfair or unreasonable or otherwiseinconsistent with the provisions of section 379.017 and sections379.316 to 379.361, he may issue a written order specifying inwhat respect such act or practice is unfair or unreasonable orotherwise inconsistent with the provisions of section 379.017 andsections 379.316 to 379.361, and requiring the discontinuance ofsuch act or practice.

4. No insurer which makes its own filings nor any ratingorganization shall support its filings by statistics or adoptratemaking recommendations furnished to it by an advisoryorganization which has not complied with this section or with anorder of the director involving such statistics orrecommendations issued under subsection 3. If the director findssuch insurer or rating organization to be in violation of thissubsection, he may issue an order requiring the discontinuance ofthe violation.

(L. 1972 S.B. 547 § 7)