§431:10C-202  Making of motor vehicle insurance rates.  All premium rates for motor vehicle insurance shall be made in accordance with article 14 and the following provisions:

     (1)  Notwithstanding any other law to the contrary, no insurer shall agree, combine, or conspire with any other private insurer or enter into, become a member of, or participate in any understanding, pool, or trust, to fix, control, or maintain, directly or indirectly, motor vehicle insurance rates.  Any violation of this section shall subject the insurer and each of its officers and employees involved to the penalties of chapter 480 without benefit of any exemption otherwise permitted by section 480-11; provided that this paragraph shall not apply to advisory organizations referred to in section 431:14-111 which are not involved in ratemaking under this article.

     (2)  Notwithstanding any provision in this section to the contrary, the plans and rates for any surcharge or credit included by an insurer as part of the proposed rate filing shall be separately identified.  Only reasonable surcharges approved by the commissioner shall be used; provided that no surcharge for the failure to maintain motor vehicle insurance shall be approved by the commissioner unless the insured has previously been convicted of driving without insurance within the preceding three years.  Credits shall be deemed reasonable if there is no objection by the commissioner.  Insurers shall furnish the prospective insured with a written explanation, in easily understandable language, clearly describing the reason for the surcharge or credit and how the amount of the surcharge or credit is determined. [L 1987, c 347, pt of §2 as superseded by c 349, §7; am L 1990, c 159, §2 and c 218, §2; am L 1992, c 123, §3 and c 124, §3; am L 1997, c 251, §32]