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15 U.S.C. § 8202 — Regulation of nonadmitted insurance by insured’s home State

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 8202 — 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 8201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section8201&num=0&edition=prelim) 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.

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Stable record: federal_law:legal_authorities:record_usc_5f21de4b895c8be2a8199ceb
Source file: Laws/federal/codes/united-states-code/title-15/section-8202-regulation-of-nonadmitted-insurance-by-insureds-home-state--55ff892214.md
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Source location: Title 15, Chapter 108, § 8202; chapter-108-state-based-insurance-reform.md

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**(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 8201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section8201&num=0&edition=prelim) 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.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 8201 — Reporting, payment, and allocation of premium taxes

**(a) Home State’s exclusive authority** No State other than the home State of an insured may require any premium tax payment for nonadmitted insurance. **(b) Allocation of nonadmitted premium taxes** (1) **In general** — The States may enter into a compact or otherwise establish procedures to allocate among the States the premium taxes paid to an insured’s home State described in subsection (a). (2) **Effective date** — Except as expressly otherwise provided in such compact or other procedures, any such compact or other procedures— (A) if adopted on or before the expiration of the 330-day period that begins on July 21, 2010, shall apply to any premium taxes that, on or after July 21, 2010, are required to be paid to any State that is subject to such compact or procedures; and (B) if adopted after the expiration of such 330-day period, shall apply to any premium taxes that, on or after January 1 of the first calendar year that begins after the expiration of such 330-day period, are required to be paid to any State that is subject to such compact or procedures. (3) **Report** — Upon the expiration of the 330-day period referred to in paragraph (2), the NAIC may submit a report to the Committee on Financial Services and the Committee on the Judiciary of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate identifying and describing any compact or other procedures for allocation among the States of premium taxes that have been adopted during such period by any States. (4) **Nationwide system** — The Congress intends that each State adopt nationwide uniform requirements, forms, and procedures, such as an interstate compact, that provide for the reporting, payment, collection, and allocation of premium taxes for nonad

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 8202 — Regulation of nonadmitted insurance by

Page 2406 TITLE 15—COMMERCE AND TRADE § 8202 Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 111–203, title V, § 512, July 21, 2010, 124 Stat. 1589, provided that: ‘‘Except as otherwise specifically provided in this subtitle [see Short Title note below], this subtitle shall take effect upon the expiration of the 12-month period beginning on the date of the enact- ment of this subtitle [July 21, 2010].’’ SHORT TITLE Pub. L. 111–203, title V, § 511, July 21, 2010, 124 Stat. 1589, provided that: ‘‘This subtitle [subtitle B (§§ 511–542) of title V of Pub. L. 111–203, enacting this chapter and provisions set out as a note under this sec- tion] may be cited as the ‘Nonadmitted and Reinsur- ance Reform Act of 2010’.’’ § 8202. 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 require- ments 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 non- admitted insurance with respect to such in- sured. (c) 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. (d) Workers’ compensation exception This section may not be construed to preempt any State law, rule, or regulation that restricts the placement of workers’ compensatio

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 8202

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