Section 5903. Domestic risk retention groups  


Latest version.
  • (a) A domestic risk retention
      group shall, pursuant to the provisions of this  chapter,  be  chartered
      and  licensed  as  a  domestic  property/casualty  insurer to write only
      liability insurance pursuant to this article  and,  except  as  provided
      elsewhere   in  this  article,  shall  comply  with  all  of  the  laws,
      regulations  and  orders  applicable   to   property/casualty   insurers
      organized and licensed in this state.
        (b)  Before  it  may  offer insurance in any state, each domestic risk
      retention group shall submit to the superintendent for approval  a  plan
      of  operation  or  feasibility  study, and shall also submit a completed
      National Association of Insurance Commissioners  risk  retention  report
      form  to  the  superintendent.  Such  group  shall submit an appropriate
      revision in the event of any subsequent material change in any  item  of
      the  plan  of operation or feasibility study within ten days of any such
      change. Such group shall not offer any  additional  kinds  of  liability
      insurance  in  any  state until a revision of the plan or study has been
      approved by the superintendent.
        (c) The submission of a plan of operation or feasibility  study  shall
      not  be required with respect to any kind or classification of liability
      insurance which was:
        (1) defined in the federal Product Liability  Risk  Retention  Act  of
      1981  (Public Law 97-45) before October twenty-seventh, nineteen hundred
      eighty-six; and
        (2) offered before such date by any risk  retention  group  which  had
      been  chartered  and operating for not less than three years before such
      date.
        (d) Immediately upon receipt of any application  for  licensing  as  a
      domestic  risk retention group, the superintendent shall provide summary
      information  concerning  the  filing  to  the  National  Association  of
      Insurance Commissioners.
        (e)  The  name  under  which  a  domestic  risk retention group may be
      chartered and licensed shall be a brief description  of  its  membership
      followed   by  the  phrase  "Risk  Retention  Group",  and,  unless  its
      membership consists solely of insurers, shall not include the use of the
      terms "insurance", "insurance company", "mutual", "reciprocal",  or  any
      similar terms.