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27-31A-4
Section 27-31A-4 Risk retention groups not chartered in this state. Risk retention groups chartered
and licensed in states other than this state and seeking to do business as a risk retention
group in this state shall comply with the laws of this state as follows: (1) NOTICE OF OPERATIONS
AND DESIGNATION OF COMMISSIONER AS AGENT. a. Before offering insurance in this state, a risk
retention group shall submit to the commissioner both of the following: 1. A statement identifying
the state or states in which the risk retention group is chartered and licensed as a liability
insurance company, charter date, its principal place of business, and other information, including
information on its membership, as the commissioner of this state may require to verify that
the risk retention group is qualified pursuant to subdivision (11) of Section 27-31A-2. 2.
A copy of its plan of operations or feasibility study and revisions of the plan or study submitted
to the state in which the risk retention...
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27-31A-3
Section 27-31A-3 Risk retention groups chartered in this state. (a)(1) A risk retention group
shall, pursuant to this title, be chartered and licensed to write only liability insurance
pursuant to this chapter and, except as provided elsewhere in this chapter, shall comply with
all of the laws, rules, regulations, and requirements applicable to the insurers chartered
and licensed in this state and with Section 27-31A-4, to the extent the requirements are not
a limitation on laws, rules, regulations, or requirements of this state. (2) Notwithstanding
any other provision to the contrary, all risk retention groups chartered in this state shall
file with the department and the National Association of Insurance Commissioners (NAIC) an
annual statement in a form prescribed by the NAIC and, if required by the commissioner, in
electronic format. The statement shall be completed in accordance with its instructions and
the NAIC Accounting Practices and Procedures Manual. (b) Before it may offer...
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27-31A-12
Section 27-31A-12 Duty of producers to obtain license. (a) Risk retention groups. Persons representing
or aiding a risk retention group in the solicitation or negotiation of liability insurance
in this state and the risk retention group with respect thereto shall be subject to Chapters
7 and 8A of this title. (b) Purchasing groups. (1) No person, firm, association, or corporation
shall act or aid in any manner in soliciting, negotiating, or procuring liability insurance
in this state for a purchasing group from an authorized insurer or a risk retention group
chartered in a state unless the person, firm, association, or corporation is licensed as an
insurance producer in accordance with Chapter 7, commencing with Section 27-7-1, of this title.
(2) No person, firm, association, or corporation shall act or aid in any manner in soliciting,
negotiating, or procuring liability insurance coverage in this state for any member of a purchasing
group under a purchasing group's policy unless that...
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27-31B-9
Section 27-31B-9 Reports and statements. (a) Captive insurance companies shall not be required
to make any annual report except as provided in this chapter. (b) Prior to March 1 of each
year, each captive insurance company shall submit to the commissioner a report of its financial
condition, verified by oath of two of its executive officers. Except as provided in Section
27-31B-6, each captive insurance company shall report using statutory accounting principles,
unless the commissioner approves the use of generally accepted accounting principles, with
any useful or necessary modifications or adaptations thereof required or approved or accepted
by the commissioner for the type of insurance and kinds of insurers to be reported upon, and
as supplemented by additional information required by the commissioner. Except as otherwise
provided, each association captive insurance company and each industrial insured captive insurance
company insuring the risks of an industrial insured group...
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27-31A-2
Section 27-31A-2 Definitions. As used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) COMMISSIONER.
The Insurance Commissioner of this state or the commissioner, director, or superintendent
of insurance in any other state. (2) COMPLETED OPERATIONS LIABILITY. Liability arising out
of the installation, maintenance, or repair of any product at a site which is not owned or
controlled by either of the following: a. Any person who performs that work. b. Any person
who hires an independent contractor to perform that work, but shall include liability for
activities which are completed or abandoned before the date of the occurrence giving rise
to the liability. (3) DOMICILE. For purposes of determining the state in which a purchasing
group is domiciled: a. For a corporation, the state in which the purchasing group is incorporated.
b. For an unincorporated entity, the state of its principal place of...
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27-31A-9
Section 27-31A-9 Restrictions on insurance purchased by purchasing groups. (a) A purchasing
group may not purchase insurance from a risk retention group that is not chartered in a state
or from an insurer not admitted in the state in which the purchasing group is located, unless
the purchase is effected through a licensed agent or broker acting pursuant to the surplus
lines laws and regulations of the state. (b) A purchasing group which obtains casualty insurance
from an insurer not admitted in this state, or a risk retention group, shall inform each of
the members of the group which have a risk resident or located in this state that the risk
is not protected by an insurance insolvency guaranty fund in this state, and that the risk
retention group or that insurer may not be subject to all insurance laws and regulations of
this state. (c) No purchasing group may purchase insurance providing for a deductible or self-insured
retention applicable to the group as a whole. Coverage may...
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27-31B-6
Section 27-31B-6 Minimum capital and surplus. (a) No captive insurance company shall be issued
a license unless it shall possess and thereafter maintain unimpaired paid-in capital and surplus
as follows: (1) In the case of a pure captive insurance company, not less than two hundred
fifty thousand dollars ($250,000) or such other amount determined by the commissioner and
actuarially supported by a feasibility study. (2) In the case of an association captive insurance
company or risk retention group, not less than five hundred thousand dollars ($500,000) or
such other amount determined by the commissioner and actuarially supported by a feasibility
study. (3) In the case of an industrial insured captive insurance company, not less than five
hundred thousand dollars ($500,000). (4) In the case of a protected cell captive insurance
company, not less than two hundred fifty thousand dollars ($250,000) or such other amount
determined by the commissioner and actuarially supported by a...
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27-31B-2
Section 27-31B-2 Definitions. As used in this chapter, the following terms shall have the following
meanings, unless the context clearly indicates otherwise: (1) AFFILIATED COMPANY. Any company
in the same corporate system as a parent, an industrial insured, or a member organization
by virtue of common ownership, control, operation, or management. (2) ALIEN CAPTIVE INSURANCE
COMPANY. Any insurance company formed to write insurance business for its parents and affiliates
and licensed pursuant to the laws of an alien jurisdiction which imposes statutory or regulatory
standards in a form acceptable to the commissioner on companies transacting the business of
insurance in that jurisdiction. (3) ASSOCIATION. Any legal association of individuals, corporations,
limited liability companies, partnerships, associations, or other entities whereby either
of the following exists: a. The member organizations of which, or the association itself,
whether or not in conjunction with some or all of the...
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27-31B-3
Section 27-31B-3 Licensing. (a) Any captive insurance company, when permitted by its articles
of association, charter, or other organizational document, may apply to the commissioner for
a license to do any and all insurance defined in Sections 27-5-2, 27-5-4, and 27-5-5, in subdivisions
(1), (2), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), and (14) of subsection (a)
of Section 27-5-6, in Sections 27-5-7, 27-5-8, 27-5-9, and 27-5-10, and to grant annuity contracts
as defined in Section 27-5-3, subject, however, to all of the following: (1) No pure captive
insurance company may insure any risks other than those of its parent and affiliated companies
or controlled unaffiliated business. (2) No association captive insurance company may insure
any risks other than those of the member organizations of its association, and their affiliated
companies. (3) No industrial insured captive insurance company may insure any risks other
than those of the industrial insureds that comprise...
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27-31B-8
Section 27-31B-8 Formation of captive insurance companies in this state. (a) A pure captive
insurance company or a protected cell captive insurance company shall be formed as a stock
or mutual insurer, or as a nonprofit or limited liability company with its capital divided
into units and held by the stockholders, members, or other equivalent as allowed by law. (b)
An association captive insurance company, an industrial insured captive insurance company,
or a risk retention group may be formed in any of the following ways: (1) Organized as a stock
insurer with its capital divided into share units and held by the stockholders, members, or
other equivalent as allowed by law. (2) Organized as a mutual insurer without capital stock,
the governing body of which is elected by the member organizations of its association. (3)
Organized as a reciprocal insurer in accordance with Chapter 31 of this title. (4) Organized
as a manager-managed limited liability company. (c) A captive insurance...
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