Title 15Commerce and TradeRelease 119-73

§8204 Uniform standards for surplus lines eligibility

Title 15 › Chapter CHAPTER 108— - STATE-BASED INSURANCE REFORM › Subchapter SUBCHAPTER I— - NONADMITTED INSURANCE › § 8204

Last updated Apr 6, 2026|Official source

Summary

States cannot make their own eligibility rules for nonadmitted insurers based in a U.S. state or territory. Any rules must follow sections 5A(2) and 5C(2)(a) of the Non‑Admitted Insurance Model Act, unless the State adopts nationwide uniform requirements, forms, and procedures made under section 8201(b) that include alternative nationwide uniform eligibility requirements. States also cannot stop a surplus lines broker from placing or buying insurance from a non‑U.S. insurer that is on the Quarterly Listing of Alien Insurers kept by the International Insurers Department of the NAIC.

Full Legal Text

Title 15, §8204

Commerce and Trade — Source: USLM XML via OLRC

A State may not—
(1)impose eligibility requirements on, or otherwise establish eligibility criteria for, nonadmitted insurers domiciled in a United States jurisdiction, except in conformance with such requirements and criteria in section 5A(2) and 5C(2)(a) of the Non-Admitted Insurance Model Act, unless the State has adopted nationwide uniform requirements, forms, and procedures developed in accordance with section 8201(b) of this title that include alternative nationwide uniform eligibility requirements; or
(2)prohibit a surplus lines broker from placing nonadmitted insurance with, or procuring nonadmitted insurance from, a nonadmitted insurer domiciled outside the United States that is listed on the Quarterly Listing of Alien Insurers maintained by the International Insurers Department of the NAIC.

Reference

Citations & Metadata

Citation

15 U.S.C. § 8204

Title 15Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73