33-16-102. Definitions. In this chapter, the following definitions apply:
     (1) "Advisory organization" means every person, other than an admitted insurer, whether located within or outside this state, who prepares policy forms or makes underwriting rules incident to but not including the making of rates, rating plans, or rating systems or which collects and furnishes to admitted insurers or rating organizations loss or expense statistics or other statistical information and data and acts in an advisory, as distinguished from a ratemaking, capacity. No duly authorized attorney at law, acting in the usual course of his profession, shall be deemed to be an advisory organization.
     (2) "Member" means an insurer who participates in or is entitled to participate in the management of a rating, advisory, or other organization.
     (3) "Rating organization" means every person, other than an admitted insurer, whether located within or outside this state, who has as his object or purpose the making of rates, rating plans, or rating systems. Two or more admitted insurers which act in concert for the purpose of making rates, rating plans, or rating systems and which do not operate within the specific authorizations contained in 33-16-105, 33-16-302, 33-16-304, 33-16-305, and 33-16-307 shall be deemed to be a rating organization. No single insurer shall be deemed to be a rating organization.
     (4) "Subscriber" means an insurer which is furnished at its request with rates and rating manuals by a rating organization of which it is not a member or with advisory services by an advisory organization of which it is not a member.
     (5) "Willful" or "willfully", in relation to an act or omission which constitutes a violation of this chapter, means with actual knowledge or belief that such act or omission constitutes such violation and with specific intent to commit such violation.

     History: En. Secs. 2, 3, 4, 5, Ch. 362, L. 1969; R.C.M. 1947, 40-3635, 40-3636, 40-3637, 40-3638.