Title 15 — Commerce and Trade
Chapter 108 — State-Based Insurance Reform
§ 8202. Regulation of nonadmitted insurance by insured’s home State
Statutory text
Home State authority
Except as otherwise provided in this section, the placement of nonadmitted insurance shall be subject to the statutory and regulatory requirements solely of the insured’s home State.
Broker licensing
No State other than an insured’s home State may require a surplus lines broker to be licensed in order to sell, solicit, or negotiate nonadmitted insurance with respect to such insured.
Enforcement provision
With respect to section 8201 of this title and subsections (a) and (b) of this section, any law, regulation, provision, or action of any State that applies or purports to apply to nonadmitted insurance sold to, solicited by, or negotiated with an insured whose home State is another State shall be preempted with respect to such application.
Workers’ compensation exception
This section may not be construed to preempt any State law, rule, or regulation that restricts the placement of workers’ compensation insurance or excess insurance for self-funded workers’ compensation plans with a nonadmitted insurer.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Nonadmitted and Reinsurance Reform Act of 2010
Pub. L. 111–203 title V § 522 · 124 Stat. 1376
Enacted · 15 U.S.C. § 8202
(Pub. L. 111–203, title V, § 522, July 21, 2010, 124 Stat. 1590.)
Source evidence
Code source credit
(Pub. L. 111–203, title V, § 522, July 21, 2010, 124 Stat. 1590.)Enacted provision · exact public law section
SEC. 522. REGULATION OF NONADMITTED INSURANCE BY INSURED’S HOME STATE. (a) Home State Authority.— Except as otherwise provided in this section, the placement of nonadmitted insurance shall be subject to the statutory and regulatory requirements solely of the insured’s home State. (b) Broker Licensing.— No State other than an insured’s home State may require a surplus lines broker to be licensed in order to sell, solicit, or negotiate nonadmitted insurance with respect to such insured. (c) Enforcement Provision.— With respect to section 521 and subsections (a) and (b) of this section, any law, regulation, provision, or action of any State that applies or purports to apply to nonadmitted insurance sold to, solicited by, or negotiated with an insured whose home State is another State shall be preempted with respect to such application. (d) Workers’ Compensation Exception.— This section may not be construed to preempt any State law, rule, or regulation that restricts the placement of workers’ compensation insurance or excess insurance for self-funded workers’ compensation plans with a nonadmitted insurer.
1 of 1 references resolved to an enrolled provision