(1)(a) The compact does not prevent
the enforcement of any other law of a compacting state, except as
provided in (b) of this subsection.
(b) For any product approved or certified to the commission,
the rules, uniform standards, and any other requirements of the
commission shall constitute the exclusive provisions applicable
to the content, approval, and certification of such products.
For advertisement that is subject to the commission's authority,
any rule, uniform standard, or other requirement of the
commission which governs the content of the advertisement shall
constitute the exclusive provision that a commissioner may apply
to the content of the advertisement. However, no action taken by
the commission shall abrogate or restrict: (i) The access of any
person to state courts; (ii) remedies available under state law
related to breach of contract, tort, or other laws not
specifically directed to the content of the product; (iii) state
law relating to the construction of insurance contracts; or (iv)
the authority of the attorney general of the state, including but
not limited to maintaining any actions or proceedings, as
authorized by law.
(c) All insurance products filed with individual states
shall be subject to the laws of those states.
(2)(a) All lawful actions of the commission, including all
rules and operating procedures adopted by the commission, are
binding upon the compacting states.
(b) All agreements between the commission and the compacting
states are binding in accordance with their terms.
(c) Upon the request of a party to a conflict over the
meaning or interpretation of commission actions, and upon a
majority vote of the compacting states, the commission may issue
advisory opinions regarding the meaning or interpretation in
dispute.
(d) In the event any provision of the compact exceeds the
constitutional limits imposed on the legislature of any
compacting state, the obligations, duties, powers, or
jurisdiction sought to be conferred by that provision upon the
commission shall be ineffective as to that compacting state, and
those obligations, duties, powers, or jurisdiction shall remain
in the compacting state and shall be exercised by the agency
thereof to which those obligations, duties, powers, or
jurisdiction are delegated by law in effect at the time the
compact becomes effective.
[2005 c 92 § 15.]