PART IV.  JOINT UNDERWRITING PLAN

 

Subpart A.  Participation and Administration

 

     §431:10C-401  Participation.  (a)  A joint underwriting plan is established consisting of all insurers authorized to write and engage in writing motor vehicle insurance in this State, except those insurers writing motor vehicle insurance exclusively under section 431:10C-106.

     (b)  Each insurer shall be a member of the plan and shall maintain membership as a condition of its licensure to transact such insurance in this State. [L 1987, c 347, pt of §2; am L 1989, c 195, §36]

 

Case Notes

 

  Where there was no underlying contract of insurance, as a matter of law, plaintiff had no cognizable claim for bad faith settlement practices arising from plaintiff's assigned claim; plaintiff's reliance on the joint underwriting plan statutory provisions of §§431:10C-403, 431:10C-408 and this section for assigned claims failed to establish that plaintiff had a claim for bad faith against insurance company.  126 H. 312 (App.), 270 P.3d 1042 (2012).