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15 U.S.C. § 3901 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
**(a)** As used in this chapter—
(1) “insurance” means primary insurance, excess insurance, reinsurance, surplus lines insurance, and any other arrangement for shifting and distributing risk which is determined to be insurance under applicable State or Federal law;
(2) “liability”—
(A) means legal liability for damages (including costs of defense, legal costs and fees, and other claims expenses) because of injuries to other persons, damage to their property, or other damage or loss to such other persons resulting from or arising out of—
(i) any business (whether profit or nonprofit), trade, product, services (including professional services), premises, or operations, or
(ii) any activity of any State or local government, or any agency or political subdivision thereof; and
(B) does not include personal risk liability and an employer’s liability with respect to its employees other than legal liability under the Federal Employers’ Liability Act ([45 U.S.C. 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section51&num=0&edition=prelim) et seq.);
(3) “personal risk liability” means liability for damages because of injury to any person, damage to property, or other loss or damage resulting from any personal, familial, or household responsibilities or activities, rather than from responsibilities or activities referred to in paragraphs (2)(A) and (2)(B);
(4) “risk retention group” means any corporation or other limited liability association—
(A) whose primary activity consists of assuming, and spreading all, or any portion, of the liability exposure of its group members;
(B) which is organized for the primary purpose of conducting the activity described under subparagraph (A);
(C) which—
(i) is chartered or licensed as
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Source file: Laws/federal/codes/united-states-code/title-15/section-3901-definitions--ace62f5829.md
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Source location: Title 15, Chapter 65, § 3901; chapter-065-liability-risk-retention.md
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**(a)** As used in this chapter—
(1) “insurance” means primary insurance, excess insurance, reinsurance, surplus lines insurance, and any other arrangement for shifting and distributing risk which is determined to be insurance under applicable State or Federal law;
(2) “liability”—
(A) means legal liability for damages (including costs of defense, legal costs and fees, and other claims expenses) because of injuries to other persons, damage to their property, or other damage or loss to such other persons resulting from or arising out of—
(i) any business (whether profit or nonprofit), trade, product, services (including professional services), premises, or operations, or
(ii) any activity of any State or local government, or any agency or political subdivision thereof; and
(B) does not include personal risk liability and an employer’s liability with respect to its employees other than legal liability under the Federal Employers’ Liability Act ([45 U.S.C. 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section51&num=0&edition=prelim) et seq.);
(3) “personal risk liability” means liability for damages because of injury to any person, damage to property, or other loss or damage resulting from any personal, familial, or household responsibilities or activities, rather than from responsibilities or activities referred to in paragraphs (2)(A) and (2)(B);
(4) “risk retention group” means any corporation or other limited liability association—
(A) whose primary activity consists of assuming, and spreading all, or any portion, of the liability exposure of its group members;
(B) which is organized for the primary purpose of conducting the activity described under subparagraph (A);
(C) which—
(i) is chartered or licensed as a liability insurance company under the laws of a State and authorized to engage in the business of insurance under the laws of such State; or
(ii) before January 1, 1985, was chartered or licensed and authorized to engage in the business of insurance under the laws of Bermuda or the Cayman Islands and, before such date, had certified to the insurance commissioner of at least one State that it satisfied the capitalization requirements of such State, except that any such group shall be considered to be a risk retention group only if it has been engaged in business continuously since such date and only for the purpose of continuing to provide insurance to cover product liability or completed operations liability (as such terms were defined in this section before October 27, 1986);
(D) which does not exclude any person from membership in the group solely to provide for members of such a group a competitive advantage over such a person;
(E) which—
(i) has as its owners only persons who comprise the membership of the risk retention group and who are provided insurance by such group; or
(ii) has as its sole owner an organization which has as—
(I) its members only persons who comprise the membership of the risk retention group; and
(II) its owners only persons who comprise the membership of the risk retention group and who are provided insurance by such group;
(F) whose members are engaged in businesses or activities similar or related with respect to the liability to which such members are exposed by virtue of any related, similar, or common business, trade, product, services, premises, or operations;
(G) whose activities do not include the provision of insurance other than—
(i) liability insurance for assuming and spreading all or any portion of the similar or related liability exposure of its group members; and
(ii) reinsurance with respect to the similar or related liability exposure of any other risk retention group (or any member of such other group) which is engaged in businesses or activities so that such group (or member) meets the requirement described in subparagraph (F) for membership in the risk retention group which provides such reinsurance; and
(H) the name of which includes the phrase “Risk Retention Group”.11 So in original. The period probably should be a semicolon.
(5) “purchasing group” means any group which—
(A) has as one of its purposes the purchase of liability insurance on a group basis;
(B) purchases such insurance only for its group members and only to cover their similar or related liability exposure, as described in subparagraph (C);
(C) is composed of members whose businesses or activities are similar or related with respect to the liability to which members are exposed by virtue of any related, similar, or common business, trade, product, services, premises, or operations; and
(D) is domiciled in any State;
(6) “State” means any State of the United States or the District of Columbia; and
(7) “hazardous financial condition” means that, based on its present or reasonably anticipated financial condition, a risk retention group is unlikely to be able—
(A) to meet obligations to policyholders with respect to known claims and reasonably anticipated claims; or
(B) to pay other obligations in the normal course of business.
**(b)** Nothing in this chapter shall be construed to affect either the tort law or the law governing the interpretation of insurance contracts of any State, and the definitions of liability, personal risk liability, and insurance under any State law shall not be applied for the purposes of this chapter, including recognition or qualification of risk retention groups or purchasing groups.
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Federal law — U.S. Code and appendices · legal_authorities
For purpose of this subchapter—
(1) The term “act of God” means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight.
(2) The term “Administrator” means the Administrator of the United States Environmental Protection Agency.
(3) The term “barrel” means forty-two United States gallons at sixty degrees Fahrenheit.
(4) The term “claim” means a demand in writing for a sum certain.
(5) The term “claimant” means any person who presents a claim for compensation under this chapter.
(6) The term “damages” means damages for injury or loss of natural resources as set forth in section 9607(a) or 9611(b) of this title.
(7) The term “drinking water supply” means any raw or finished water source that is or may be used by a public water system (as defined in the Safe Drinking Water Act [[42 U.S.C. 300f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300f&num=0&edition=prelim) et seq.]) or as drinking water by one or more individuals.
(8) The term “environment” means (A) the navigable waters, the waters of the contiguous zone, and the ocean waters of which the natural resources are under the exclusive management authority of the United States under the Magnuson-Stevens Fishery Conservation and Management Act [[16 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) et seq.], and (B) any other surface water, ground water, drinking water supply, land surface or subsurface strata, or ambient air within the United States or under the jurisdiction of the United States.
(9) The term “facility” means (A) any building, st
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Solid waste** The Congress finds with respect to solid waste—
(1) that the continuing technological progress and improvement in methods of manufacture, packaging, and marketing of consumer products has resulted in an ever-mounting increase, and in a change in the characteristics, of the mass material discarded by the purchaser of such products;
(2) that the economic and population growth of our Nation, and the improvements in the standard of living enjoyed by our population, have required increased industrial production to meet our needs, and have made necessary the demolition of old buildings, the construction of new buildings, and the provision of highways and other avenues of transportation, which, together with related industrial, commercial, and agricultural operations, have resulted in a rising tide of scrap, discarded, and waste materials;
(3) that the continuing concentration of our population in expanding metropolitan and other urban areas has presented these communities with serious financial, management, intergovernmental, and technical problems in the disposal of solid wastes resulting from the industrial, commercial, domestic, and other activities carried on in such areas;
(4) that while the collection and disposal of solid wastes should continue to be primarily the function of State, regional, and local agencies, the problems of waste disposal as set forth above have become a matter national in scope and in concern and necessitate Federal action through financial and technical assistance and leadership in the development, demonstration, and application of new and improved methods and processes to reduce the amount of waste and unsalvageable materials and to provide for proper and economical solid waste disposal practices.
**(b) Environment and
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter—
(1) **Insurance** — The term “insurance” means primary insurance, excess insurance, reinsurance, surplus lines insurance, and any other arrangement for shifting and distributing risk which is determined to be insurance under applicable State or Federal law.
(2) **Pollution liability** — The term “pollution liability” means liability for injuries arising from the release of hazardous substances or pollutants or contaminants.
(3) **Risk retention group** — The term “risk retention group” means any corporation or other limited liability association taxable as a corporation, or as an insurance company, formed under the laws of any State—
(A) whose primary activity consists of assuming and spreading all, or any portion, of the pollution liability of its group members;
(B) which is organized for the primary purpose of conducting the activity described under subparagraph (A);
(C) which is chartered or licensed as an insurance company and authorized to engage in the business of insurance under the laws of any State; and
(D) which does not exclude any person from membership in the group solely to provide for members of such a group a competitive advantage over such a person.
(4) **Purchasing group** — The term “purchasing group” means any group of persons which has as one of its purposes the purchase of pollution liability insurance on a group basis.
(5) **State** — The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Marianas, and any other territory or possession over which the United States has jurisdiction.
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Federal law — U.S. Code and appendices · legal_authorities
Every common carrier by railroad while engaging in commerce between any of the several States or Territories, or between any of the States and Territories, or between the District of Columbia and any of the States or Territories, or between the District of Columbia or any of the States or Territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, or, in case of the death of such employee, to his or her personal representative, for the benefit of the surviving widow or husband and children of such employee; and, if none, then of such employee’s parents; and, if none, then of the next of kin dependent upon such employee, for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.
Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 51
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Exemptions from State laws, rules, regulations, or orders** Except as provided in this section, a risk retention group is exempt from any State law, rule, regulation, or order to the extent that such law, rule, regulation, or order would—
(1) make unlawful, or regulate, directly or indirectly, the operation of a risk retention group except that the jurisdiction in which it is chartered may regulate the formation and operation of such a group and any State may require such a group to—
(A) comply with the unfair claim settlement practices law of the State;
(B) pay, on a nondiscriminatory basis, applicable premium and other taxes which are levied on admitted insurers and surplus lines insurers, brokers, or policyholders under the laws of the State;
(C) participate, on a nondiscriminatory basis, in any mechanism established or authorized under the law of the State for the equitable apportionment among insurers of liability insurance losses and expenses incurred on policies written through such mechanism;
(D) register with and designate the State insurance commissioner as its agent solely for the purpose of receiving service of legal documents or process;
(E) submit to an examination by the State insurance commissioners in any State in which the group is doing business to determine the group’s financial condition, if—
(i) the commissioner of the jurisdiction in which the group is chartered has not begun or has refused to initiate an examination of the group; and
(ii) any such examination shall be coordinated to avoid unjustified duplication and unjustified repetition;
(F) comply with a lawful order issued—
(i) in a delinquency proceeding commenced by the State insurance commissioner if there has been a finding of financial impairment u
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 3902
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary may, for the purpose of identifying, preventing, or prosecuting fraud and abuse, adopt regulatory standards establishing, or issue an order relating to a specific person establishing, that a person engaged in the business of providing insurance through a multiple employer welfare arrangement described in [section 1002(40) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1002/40&num=0&edition=prelim) is subject to the laws of the States in which such person operates which regulate insurance in such State, notwithstanding [section 1144(b)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1144/b/6&num=0&edition=prelim) or the Liability Risk Retention Act of 1986 [[15 U.S.C. 3901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3901&num=0&edition=prelim) et seq.], and regardless of whether the law of the State is otherwise preempted under any of such provisions. This section shall not apply to any plan or arrangement that does not fall within the meaning of the term “multiple employer welfare arrangement” under [section 1002(40)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1002/40/A&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
Page 2088
TITLE 15—COMMERCE AND TRADE
§ 3809
§ 3809. Authorization of appropriations; required
funding
There are authorized to be appropriated to the
Secretary for purposes of carrying out this chap-
ter, not to exceed $3,000,000 for the fiscal year
ending September 30, 1982, not less than one-half
of which shall be for the purpose of making
loans under section 3806(b) of this title; not to
exceed $5,000,000 for the fiscal year ending Sep-
tember 30, 1983, not less than one-half of which
shall be for the purpose of making loans under
section 3806(b) of this title; not to exceed
$5,000,000 for the fiscal year ending September
30, 1984, not less than one-half of which shall be
for the purpose of making loans under section
3806(b) of this title; and such sums as may be
necessary for the fiscal years ending September
30, 1985, and September 30, 1986. Any amount ap-
propriated pursuant to this section shall remain
available until expended.
(Pub. L. 96–512, § 10, Dec. 12, 1980, 94 Stat. 2833.)
§ 3810. Relationship to other laws
(a) Modification or waiver
Nothing in this chapter shall be construed as
authorizing the Secretary or any other official
with respect to any activity pursuant to this
chapter to modify or waive the application of
any Federal, State or local laws dealing with
the production, transportation, storage, safety,
use or pricing of methane.
(b) Promulgation of rules
Nothing in this chapter shall be construed as
granting the Secretary or any other Federal of-
ficial any authority to promulgate rules of gen-
eral application to regulate the production,
transportation, storage, safety, use or pricing of
methane as a transportation fuel or vehicles
which use methane as a transportation fuel.
(Pub. L. 96–512, § 11, Dec. 12, 1980, 94
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 3901
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Federal law — U.S. Code and appendices · legal_authorities
Page 4
TITLE 45—RAILROADS
§ 51
Sec.
59.
Survival of right of action of person injured.
60.
Penalty for suppression of voluntary informa-
tion incident to accidents; separability.
§ 51. Liability of common carriers by railroad, in
interstate or foreign commerce, for injuries
to employees from negligence; employee de-
fined
Every common carrier by railroad while en-
gaging in commerce between any of the several
States or Territories, or between any of the
States and Territories, or between the District
of Columbia and any of the States or Terri-
tories, or between the District of Columbia or
any of the States or Territories and any foreign
nation or nations, shall be liable in damages to
any person suffering injury while he is employed
by such carrier in such commerce, or, in case of
the death of such employee, to his or her per-
sonal representative, for the benefit of the sur-
viving widow or husband and children of such
employee; and, if none, then of such employee’s
parents; and, if none, then of the next of kin de-
pendent upon such employee, for such injury or
death resulting in whole or in part from the neg-
ligence of any of the officers, agents, or employ-
ees of such carrier, or by reason of any defect or
insufficiency, due to its negligence, in its cars,
engines, appliances, machinery, track, roadbed,
works, boats, wharves, or other equipment.
Any employee of a carrier, any part of whose
duties as such employee shall be the furtherance
of interstate or foreign commerce; or shall, in
any way directly or closely and substantially,
affect such commerce as above set forth shall,
for the purposes of this chapter, be considered as
being employed by such carrier in such com-
merce and shall be considered as entitled to the
benefits of thi
Source: Supplied 2024 U.S. Code historical extraction · 45 U.S.C. § 51
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