42 U.S.C. § 9671 — Definitions
submitted 40 years ago by Pub. L. 96-510 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 261 words · no verdicts yet
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As used in this subchapter—
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.
The term “pollution liability” means liability for injuries arising from the release* of hazardous substances or pollutants or contaminants.
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—
whose primary activity consists of assuming and spreading all, or any portion, of the pollution liability of its group members;
which is organized for the primary purpose of conducting the activity described under subparagraph (A);
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
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.
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.
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.
Source credit: (Pub. L. 96–510, title IV, § 401, as added Pub. L. 99–499, title II, § 210(a), formerly § 210, Oct. 17, 1986, 100 Stat. 1716; renumbered § 210(a), Pub. L. 99–563, § 11(c)(1), Oct. 27, 1986, 100 Stat. 3177.)
- 1986Enacted · Pub. L. 96-510 · 100 Stat. 1716
- 1986Amended · Pub. L. 99-563 · 100 Stat. 3177
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-510 on 1986-10-17.
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