A statistical plan developed under Section 2053.101 must require the following payments to be reported separately and not to be considered as a loss or expense for purposes of computing a premium rate modifier or surcharge of an insured:
(1) a direct payment made by an insurance company to influence public policy; and
(2) any amount paid by an insurance company:
(A) as damages in an action against the insurance company for malice or bad faith; or
(B) as a fine or penalty.