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<section article="gin" article_name="Insurance" number="25-106" title_number="25" title_name="Alternative Market Mechanisms" subtitle_number="1" subtitle_name="Maryland Risk Retention Act">
  <level label="a">
    <level label="1">
      <text>Except as otherwise provided in paragraphs (2) and (3) of this subsection, a purchasing group is subject to all applicable laws of the State.</text>
    </level>
    <level label="2">
      <text>A purchasing group that meets the criteria established under the federal Liability Risk Retention Amendments of 1986 is exempt from any law of the State that relates to the creation of groups for the purchase of insurance, prohibition of group purchasing, or any law that would discriminate against a purchasing group or its members.</text>
    </level>
    <level label="3">
      <text>An insurer is exempt from any law of the State that prohibits providing or offering to provide to a purchasing group or its members advantages based on their loss and expense experience that are not afforded to other persons with respect to rates, policy forms, coverages, or other matters.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>Before doing business in the State, a purchasing group shall furnish notice to the Commissioner.</text>
    </level>
    <level label="2">
      <text>The notice shall include:</text>
      <level label="i">
        <text>the state in which the purchasing group has its domicile;</text>
      </level>
      <level label="ii">
        <text>the lines and classifications of liability insurance that the purchasing group intends to purchase;</text>
      </level>
      <level label="iii">
        <text>the identity of all states in which the purchasing group intends to do business;</text>
      </level>
      <level label="iv">
        <text>the insurance company from which the purchasing group intends to purchase liability insurance and the domicile of that company;</text>
      </level>
      <level label="v">
        <text>the method by which and any person through whom liability insurance will be offered to purchasing group members whose risks are resident or located in the State;</text>
      </level>
      <level label="vi">
        <text>the principal place of business of the purchasing group; and</text>
      </level>
      <level label="vii">
        <text>any other information that the Commissioner requires to verify that the purchasing group qualifies as a purchasing group, as defined in § 25-101 of this subtitle.</text>
      </level>
    </level>
    <level label="3">
      <text>Within 10 days of a change in an item set forth in paragraph (2) of this subsection, the purchasing group shall notify the Commissioner of the change in writing.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>A purchasing group shall provide to the Commissioner a statement of registration that designates the Commissioner as its agent for service of legal process.</text>
    </level>
    <level label="2">
      <text>The Commissioner shall determine the filing fee for the statement of registration required by paragraph (1) of this subsection.</text>
    </level>
    <level label="3">
      <text>The requirements of paragraph (1) of this subsection do not apply to a purchasing group that:</text>
      <level label="i">
        <level label="1">
          <text>had its domicile on or before March 31, 1986 in a state; and</text>
        </level>
        <level label="2">
          <text>has its domicile on or after October 27, 1986 in a state;</text>
        </level>
      </level>
      <level label="ii">
        <level label="1">
          <text>on or before October 26, 1986, purchased insurance from an insurer licensed in a state; and</text>
        </level>
        <level label="2">
          <text>on or after October 27, 1986, purchased insurance from an insurer licensed in a state;</text>
        </level>
      </level>
      <level label="iii">
        <text>was a purchasing group under the requirements of the Product Liability Risk Retention Act of 1981 on or before October 26, 1986; and</text>
      </level>
      <level label="iv">
        <text>only purchases insurance that was authorized under the Product Liability Risk Retention Act of 1981, as in effect on or before October 26, 1986.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>Unless the purchase is effected through a licensed insurance producer acting under the surplus lines insurance laws and regulations of a state, a purchasing group may not purchase insurance from a risk retention group that is not chartered in that state or from an insurer not authorized in the state in which the purchasing group is located.</text>
    </level>
    <level label="2">
      <text>A purchasing group that obtains liability insurance from an unauthorized insurer or from a risk retention group shall inform each member of the purchasing group that has a risk resident or located in this State that:</text>
      <level label="i">
        <text>the risk is not protected by the Property and Casualty Insurance Guaranty Corporation; and</text>
      </level>
      <level label="ii">
        <text>the risk retention group or unauthorized insurer may not be subject to all insurance laws and regulations of the State.</text>
      </level>
    </level>
    <level label="3">
      <level label="i">
        <text>A purchasing group may not purchase insurance coverage that provides for a deductible or self-insured retention applicable to the purchasing group as a whole.</text>
      </level>
      <level label="ii">
        <text>Notwithstanding subparagraph (i) of this paragraph, a purchasing group may purchase insurance coverage that provides for a deductible or self-insured retention applicable to individual members.</text>
      </level>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>Taxes on premiums paid for coverage of risks resident or located in the State by a purchasing group or member of the purchasing group shall be imposed in accordance with Title 6 of this article.</text>
    </level>
    <level label="2">
      <text>If the taxes imposed by Title 6 of this article are not paid by the insurer, then the taxes shall be paid by the purchasing group.</text>
    </level>
    <level label="3">
      <text>If the purchasing group fails to pay the specified taxes, the taxes shall be paid by each of the purchasing group’s members whose risks are resident or located in the State.</text>
    </level>
  </level>
</section>
