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15 U.S.C. § 3902 — Risk retention groups
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
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Source file: Laws/federal/codes/united-states-code/title-15/section-3902-risk-retention-groups--9b9250ea58.md
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Source location: Title 15, Chapter 65, § 3902; chapter-065-liability-risk-retention.md
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**(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 under subparagraph (E); or
(ii) in a voluntary dissolution proceeding;
(G) comply with any State law regarding deceptive, false, or fraudulent acts or practices, except that if the State seeks an injunction regarding the conduct described in this subparagraph, such injunction must be obtained from a court of competent jurisdiction;
(H) comply with an injunction issued by a court of competent jurisdiction, upon a petition by the State insurance commissioner alleging that the group is in hazardous financial condition or is financially impaired; and
(I) provide the following notice, in 10-point type, in any insurance policy issued by such group: “notice
“This policy is issued by your risk retention group. Your risk retention group may not be subject to all of the insurance laws and regulations of your State. State insurance insolvency guaranty funds are not available for your risk retention group.”
(2) require or permit a risk retention group to participate in any insurance insolvency guaranty association to which an insurer licensed in the State is required to belong;
(3) require any insurance policy issued to a risk retention group or any member of the group to be countersigned by an insurance agent or broker residing in that State; or
(4) otherwise, discriminate against a risk retention group or any of its members, except that nothing in this section shall be construed to affect the applicability of State laws generally applicable to persons or corporations.
**(b) Scope of exemptions** The exemptions specified in subsection (a) apply to laws governing the insurance business pertaining to—
(1) liability insurance coverage provided by a risk retention group for—
(A) such group; or
(B) any person who is a member of such group;
(2) the sale of liability insurance coverage for a risk retention group; and
(3) the provision of—
(A) insurance related services;
(B) management, operations, and investment activities; or
(C) loss control and claims administration (including loss control and claims administration services for uninsured risks retained by any member of such group);
for a risk retention group or any member of such group with respect to liability for which the group provides insurance.
**(c) Licensing of agents or brokers for risk retention groups** A State may require that a person acting, or offering to act, as an agent or broker for a risk retention group obtain a license from that State, except that a State may not impose any qualification or requirement which discriminates against a nonresident agent or broker.
**(d) Documents for submission to State insurance commissioners** Each risk retention group shall submit—
(1) to the insurance commissioner of the State in which it is chartered—
(A) before it may offer insurance in any State, a plan of operation or a feasibility study which includes the coverages, deductibles, coverage limits, rates, and rating classification systems for each line of insurance the group intends to offer; and
(B) revisions of such plan or study if the group intends to offer any additional lines of liability insurance;
(2) to the insurance commissioner of each State in which it intends to do business, before it may offer insurance in such State—
(A) a copy of such plan or study (which shall include the name of the State in which it is chartered and its principal place of business); and
(B) a copy of any revisions to such plan or study, as provided in paragraph (1)(B) (which shall include any change in the designation of the State in which it is chartered); and
(3) to the insurance commissioner of each State in which it is doing business, a copy of the group’s annual financial statement submitted to the State in which the group is chartered as an insurance company, which statement shall be certified by an independent public accountant and contain a statement of opinion on loss and loss adjustment expense reserves made by—
(A) a member of the American Academy of Actuaries, or
(B) a qualified loss reserve specialist.
**(e) Power of courts to enjoin conduct** Nothing in this section shall be construed to affect the authority of any Federal or State court to enjoin—
(1) the solicitation or sale of insurance by a risk retention group to any person who is not eligible for membership in such group; or
(2) the solicitation or sale of insurance by, or operation of, a risk retention group that is in hazardous financial condition or is financially impaired.
**(f) State powers to enforce State laws**
(1) Subject to the provisions of subsection (a)(1)(G) (relating to injunctions) and paragraph (2), nothing in this chapter shall be construed to affect the authority of any State to make use of any of its powers to enforce the laws of such State with respect to which a risk retention group is not exempt under this chapter.
(2) If a State seeks an injunction regarding the conduct described in paragraphs (1) and (2) of subsection (e), such injunction must be obtained from a Federal or State court of competent jurisdiction.
**(g) States’ authority to sue** Nothing in this chapter shall affect the authority of any State to bring an action in any Federal or State court.
**(h) State authority to regulate or prohibit ownership interests in risk retention groups** Nothing in this chapter shall be construed to affect the authority of any State to regulate or prohibit the ownership interest in a risk retention group by an insurance company in that State, other than in the case of ownership interest in a risk retention group whose members are insurance companies.
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 3901
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Federal law — U.S. Code and appendices · legal_authorities
Page 2090
TITLE 15—COMMERCE AND TRADE
§ 3902
[15 U.S.C. 3902(d)], relating to the submission of a feasi-
bility study, shall not apply with respect to any line or
classification of liability insurance which—
‘‘(1) was defined in the Product Liability Risk Re-
tention Act of 1981 [Pub. L. 97–45, which enacted this
chapter] before the date of the enactment of this Act
[Oct. 27, 1986]; and
‘‘(2) was offered before such date of enactment by
any risk retention group which has been chartered
and operating for not less than 3 years before such
date of enactment.
‘‘(c) RULE REGARDING POLLUTION LIABILITY.—
‘‘(2) Nothing in this Act shall be construed, inter-
preted or applied to diminish the obligations of any
person to establish or maintain evidence of financial
responsibility or otherwise comply with any of the
requirements of Federal environmental laws, includ-
ing but not limited to the Comprehensive Environ-
mental Response, Compensation and Liability Act of
1980 [42 U.S.C. 9601 et seq.] and the Solid Waste Dis-
posal Act [42 U.S.C. 6901 et seq.].’’
SHORT TITLE OF 1986 AMENDMENT
Pub. L. 99–563, § 1, Oct. 27, 1986, 100 Stat. 3170, provided
that: ‘‘This Act [enacting sections 3905 and 3906 of this
title, amending this section, sections 3902 and 3903 of
this title, and sections 9671 to 9675 of Title 42, The Pub-
lic Health and Welfare, enacting provisions set out as
notes under this section and section 9671 of Title 42, and
amending provisions set out as a note under this sec-
tion] may be cited as the ‘Risk Retention Amendments
of 1986’.’’
SHORT TITLE
Pub. L. 97–45, § 1, Sept. 25, 1981, 95 Stat. 949, as amend-
ed by Pub. L. 99–563, § 12(a), Oct. 27, 1986, 100 Stat. 3177,
provided that: ‘‘This Act [enacting this chapter] may
be cited as the ‘Liability Ris
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 3902
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