15 U.S.C. § 8223 — Definitions
submitted 16 years ago by Pub. L. 111-203 to r/title-15-COMMERCE-AND-TRADE · 213 words · no verdicts yet
This section defines key terms used in this subchapter about reinsurance. It explains "ceding insurer," "domiciliary State," "NAIC," "reinsurance," "reinsurer," and "State."
This section defines six terms used throughout this subchapter. (1) Ceding insurer means an insurer that buys reinsurance. (2) Domiciliary State, also called State of domicile, means — for an insurer or reinsurer — the state where it is incorporated or entered through, and licensed. (3) NAIC means the National Association of Insurance Commissioners, or whatever organization succeeds it. (4) Reinsurance means one insurer taking on all or part of a risk that another insurer originally took on. (5) Reinsurer: (A) In general — an insurer counts as a reinsurer to the extent that it is mainly in the business of reinsurance, does not do a significant amount of direct insurance compared to its net premiums, and is not regularly in the business of seeking out direct insurance customers. (B) Determination — whether an insurer qualifies as a reinsurer is decided under the laws of its home state, following the rule in (A). (6) State includes any state of the United States, plus the District of Columbia, Puerto Rico, Guam, the Northern Mariana Islands, the Virgin Islands, and American Samoa.
For purposes of this subchapter, the following definitions shall apply:
The term “ceding insurer” means an insurer that purchases reinsurance.
The terms “State of domicile” and “domiciliary State” mean, with respect to an insurer or reinsurer, the State in which the insurer or reinsurer is incorporated or entered through, and licensed.
The term “NAIC” means the National Association of Insurance Commissioners or any successor entity.
The term “reinsurance” means the assumption by an insurer of all or part of a risk undertaken originally by another insurer.
The term “reinsurer” means an insurer to the extent that the insurer—
is principally engaged in the business of reinsurance;
does not conduct significant amounts of direct insurance as a percentage of its net premiums; and
is not engaged in an ongoing basis in the business of soliciting direct insurance.
A determination of whether an insurer is a reinsurer shall be made under the laws of the State of domicile in accordance with this paragraph.
The term “State” includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, the Virgin Islands, and American Samoa.
Source credit: (Pub. L. 111–203, title V, § 533, July 21, 2010, 124 Stat. 1595.)
- 2010Enacted · Pub. L. 111-203 · 124 Stat. 1595
A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-203 on 2010-07-21.
all 0 arguments · sorted by: best
no arguments yet — make the first case