2006 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.
History: 1981 c 346 s 30