Title 15 — Commerce and Trade
Chapter 108 — State-Based Insurance Reform
§ 8221. Regulation of credit for reinsurance and reinsurance agreements
Statutory text
Credit for reinsurance
If the State of domicile of a ceding insurer is an NAIC-accredited State, or has financial solvency requirements substantially similar to the requirements necessary for NAIC accreditation, and recognizes credit for reinsurance for the insurer’s ceded risk, then no other State may deny such credit for reinsurance.
Additional preemption of extraterritorial application of State law
In addition to the application of subsection (a), all laws, regulations, provisions, or other actions of a State that is not the domiciliary State of the ceding insurer, except those with respect to taxes and assessments on insurance companies or insurance income, are preempted to the extent that they—
restrict or eliminate the rights of the ceding insurer or the assuming insurer to resolve disputes pursuant to contractual arbitration to the extent such contractual provision is not inconsistent with the provisions of title 9;
require that a certain State’s law shall govern the reinsurance contract, disputes arising from the reinsurance contract, or requirements of the reinsurance contract;
attempt to enforce a reinsurance contract on terms different than those set forth in the reinsurance contract, to the extent that the terms are not inconsistent with this subchapter; or
otherwise apply the laws of the State to reinsurance agreements of ceding insurers not domiciled in that State.
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 § 531 · 124 Stat. 1376
Enacted · 15 U.S.C. § 8221
(Pub. L. 111–203, title V, § 531, July 21, 2010, 124 Stat. 1595.)
Source evidence
Code source credit
(Pub. L. 111–203, title V, § 531, July 21, 2010, 124 Stat. 1595.)Enacted provision · exact public law section
SEC. 531. REGULATION OF CREDIT FOR REINSURANCE AND REINSURANCE AGREEMENTS. (a) Credit for Reinsurance.— If the State of domicile of a ceding insurer is an NAIC-accredited State, or has financial solvency requirements substantially similar to the requirements necessary for NAIC accreditation, and recognizes credit for reinsurance for the insurer’s ceded risk, then no other State may deny such credit for reinsurance. (b) Additional Preemption of Extraterritorial Application of State Law.— In addition to the application of subsection (a), all laws, regulations, provisions, or other actions of a State that is not the domiciliary State of the ceding insurer, except those with respect to taxes and assessments on insurance companies or insurance income, are preempted to the extent that they— (1) restrict or eliminate the rights of the ceding insurer or the assuming insurer to resolve disputes pursuant to contractual arbitration to the extent such contractual provision is not inconsistent with the provisions of title 9, United States Code; (2) require that a certain State’s law shall govern the reinsurance contract, disputes arising from the reinsurance contract, or requirements of the reinsurance contract; (3) attempt to enforce a reinsurance contract on terms different than those set forth in the reinsurance contract, to the extent that the terms are not inconsistent with this part; or (4) otherwise apply the laws of the State to reinsurance agreements of ceding insurers not domiciled in that State.
1 of 1 references resolved to an enrolled provision