(1) No insurer may insure or attempt to insure against:
(a) a wager or gaming risk;
(b) loss of an election;
(c) the penal consequences of a crime; or
(d) punitive damages.
(2) An insurer may not consider, use, or rely upon the existence, likelihood, possibility, or exposure to punitive damages when engaging in any of the following under this title:
(a) underwriting;
(b) rating;
(c) risk classification; or
(d) determining premiums or other charges for a policy.