1997 Minnesota Statutes

     79.59 Insurers and data service organizations; 
  prohibited activities. 

    Subdivision 1.    Monopolization.  No insurer or data 
 service organization shall attempt to monopolize or combine or 
 conspire with any other person to monopolize the business of 
 insurance.  

    Subd. 2.    Agreement prohibited.  No insurer shall 
 agree with any other insurer or with a data service organization 
 to adhere to or to use any rate, rating plan, rating schedule, 
 rating rule, or underwriting rule except as specifically 
 authorized by this chapter or for the purpose of creating 
 experience modifications for employers with employees in more 
 than one state.  

    Subd. 3.    Trade restraint.  No insurer or data service 
 organization shall make an agreement with any other insurer, 
 data service organization, or other person which has the purpose 
 or the effect of restraining trade or of substantially lessening 
 competition.  

    Subd. 4.    Exceptions.  The fact that insurers writing 
 not more than 25 percent of the workers' compensation premiums 
 in Minnesota use the same rates, rating plans, rating schedules, 
 rating rules, underwriting rules, or similar materials shall not 
 alone constitute a violation of subdivision 1 or 2.  

    Two or more insurers under common ownership or operating 
 under common management or control may act in concert between or 
 among themselves with respect to matters authorized under this 
 chapter as if they constituted a single insurer, provided that 
 the rating plan of such insurers shall be considered to be a 
 single plan for the purposes of determining unfair 
 discrimination.  

    Subd. 5.    Additional prohibition.  In addition to 
 other prohibitions contained in this chapter, no data service 
 organization shall:  

    (a) Refuse to supply any service for which it is licensed 
 or any data, except for data identifiable to an individual 
 insurer, to any insurer authorized to do business in this state 
 which offers to pay the usual compensation for the service or 
 data; 

    (b) Require the purchase of any specific service as a 
 condition to obtaining any other services sought; 

    (c) Participate in the development or distribution of 
 rates, rating plans, or rating rules except as specifically 
 authorized by this chapter or by rules adopted pursuant to this 
 chapter; or 

    (d) Refuse membership to any licensed insurer.  

    HIST: 1981 c 346 s 30