2011 US Code
Title 15 - Commerce and Trade
Chapter 108 - STATE-BASED INSURANCE REFORM (§§ 8201 - 8232)
Subchapter I - NONADMITTED INSURANCE (§§ 8201 - 8206)
Section 8202 - Regulation of nonadmitted insurance by insured's home State

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Metadata
Publication TitleUnited States Code, 2006 Edition, Supplement 5, Title 15 - COMMERCE AND TRADE
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 15 - COMMERCE AND TRADE
CHAPTER 108 - STATE-BASED INSURANCE REFORM
SUBCHAPTER I - NONADMITTED INSURANCE
Sec. 8202 - Regulation of nonadmitted insurance by insured's home State
Containssection 8202
Date2011
Laws in Effect as of DateJanuary 3, 2012
Positive LawNo
Dispositionstandard
Source CreditPub. L. 111-203, title V, §522, July 21, 2010, 124 Stat. 1590.
Statutes at Large Reference124 Stat. 1590
Public Law ReferencePublic Law 111-203

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15 USC § 8202 (2011)
§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 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.

(Pub. L. 111–203, title V, §522, July 21, 2010, 124 Stat. 1590.)

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