Section 12. (a) Every group, association or other organization of insurers, whether located within or outside this commonwealth, which assists insurers which make their own filings or rating organizations in rate making, by the collection and furnishing of loss or expense statistics, or by the submission of recommendations, but which does not make filings under this chapter, shall be known as an advisory organization.
(b) Every advisory organization shall file with the commissioner (1) a copy of its constitution, its articles of agreement or association or its certificate of incorporation and of its by-laws, rules and regulations governing its activities, (2) a list of its members, (3) the name and address of a resident of this commonwealth upon whom notices or orders of the commissioner or process issued at his direction may be served, and (4) an agreement that the commissioner may examine such advisory organization in accordance with the provisions of section fourteen.
(c) If, after a hearing, the commissioner finds that the furnishing of such information or assistance involves any act or practice which is unfair or unreasonable or otherwise inconsistent with any provision or provisions of this chapter, he may issue a written order specifying in what respects such act or practice is unfair or unreasonable or otherwise inconsistent with such provision or provisions, and requiring the discontinuance of such act or practice.
(d) No insurer which makes its own filings, and no rating organization, shall support its filings by statistics or adopt rate-making recommendations, furnished to it by an advisory organization which has not complied with this section or with an order of the commissioner involving such statistics or recommendations issued under subsection (c) of this section. If the commissioner finds such insurer or rating organization to be in violation of this subsection he may issue an order requiring the discontinuance of such violation.
Structure Massachusetts General Laws
Part I - Administration of the Government
Section 4 - Application; Exceptions
Section 5 - Rates; Regulatory Provisions; Insurance Company Groups
Section 5c - Experience Review Plans
Section 7 - Improper Filing; Hearings; Aggrieved Persons; Remedies
Section 9 - Rating Organization; Rights of Members
Section 10 - Rating Organization; Action or Decision; Appeal
Section 11 - Rate Information; Furnishing to Insured; Appearance by Agent or Broker
Section 12 - Advisory Organization
Section 13 - Joint Reinsurance; Regulations
Section 15 - Rating Organizations; Regulations; Commissioner's Power to Promulgate Rules
Section 16 - False or Misleading Information
Section 17 - Agreements and Rate Modifications; Commissioner's Approval
Section 18 - Violation of This Chapter; Penalty
Section 19 - Aggrieved Insurer or Rating Organization; Hearing Before Commissioner; Appeal