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§ 991.1510. Restrictions on insurance purchased by purchasing groups

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 40 P.S. Insurance

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 40 P.S. Insurance (Refs & Annos)
Chapter 2. Insurance Companies (Refs & Annos)
Article XV. Risk Retention
40 P.S. § 991.1510
§ 991.1510. Restrictions on insurance purchased by purchasing groups
(a) A purchasing group may purchase liability insurance for its members who are residents of this Commonwealth only from:
(1) a risk retention group chartered and licensed in this Commonwealth;
(2) an admitted insurer;
(3) a risk retention group not chartered and licensed in this Commonwealth which has complied with section 1503;1 or
(4) an eligible surplus lines insurer if the liability insurance is obtained through surplus lines agents acting pursuant to Article XVI.2
(b) The terms of any liability insurance policy obtained by a purchasing group shall not provide or be construed to provide insurance coverage prohibited generally by state statute or declared unlawful by the highest court of the state whose law applies to such policy. If the laws of this Commonwealth apply to an insurance policy obtained by a purchasing group, the terms of that policy shall not provide or be construed to provide insurance coverage prohibited generally by state statute or declared unlawful by the highest court of this Commonwealth which has construed such coverage.
(c) A purchasing group which obtains liability insurance from a nonadmitted insurer that is an eligible surplus lines insurer in this Commonwealth or from a risk retention group shall inform each of the members of such purchasing group which has a risk resident or located in this Commonwealth that such risk is not protected by an insurance insolvency guaranty fund in this Commonwealth, and that such risk retention group or such nonadmitted insurer may not be subject to all insurance laws and regulations of this Commonwealth.
(d) No purchasing group may purchase insurance providing for a deductible or self-insured retention applicable to the group as a whole; however, coverage may provide for a deductible or self-insured retention applicable to individual members.
(e) Purchases of insurance by purchasing groups are subject to the same standards regarding aggregate limits which are applicable to all purchases of group insurance.

Credits

1921, May 17, P.L. 682, No. 284, art. XV, § 1510, added 1992, Dec. 18, P.L. 1519, No. 178, § 19, effective in 120 days.

Footnotes

40 P.S. § 991.1503.
40 P.S. § 991.1601 et seq.
40 P.S. § 991.1510, PA ST 40 P.S. § 991.1510
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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