§9671 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Defines key words used in this subchapter. Insurance — primary, excess, reinsurance, surplus lines, and other ways to shift or share risk that state or federal law treats as insurance. Pollution liability — responsibility for harm from releases of hazardous substances, pollutants, or contaminants. Risk retention group — a corporation or similar entity formed under state law, taxed as a corporation or insurer, created mainly to take on and spread members’ pollution liability, licensed as an insurer, and not formed to exclude people just to give members an advantage. Purchasing group — a group that buys pollution liability insurance together. State — the 50 states, the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and other U.S. territories or possessions.

Title 42, §9671

The Public Health and Welfare — Source: USLM XML via OLRC

As used in this subchapter—

(1)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.

(2)The term “pollution liability” means liability for injuries arising from the release of hazardous substances or pollutants or contaminants.

(3)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—

(A)whose primary activity consists of assuming and spreading all, or any portion, of the pollution liability of its group members;

(B)which is organized for the primary purpose of conducting the activity described under subparagraph (A);

(C)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

(D)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.

(4)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.

(5)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.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

State Powers and Authorities Under Risk Retention

Amendments

of 1986 Pub. L. 99–499, title II, § 210(b), as added by Pub. L. 99–563, § 11(c)(1), Oct. 27, 1986, 100 Stat. 3177, provided that: “For purposes of subsection (a) of this section [enacting this subchapter], the powers and authorities of States addressed by the Risk Retention

Amendments

of 1986 [Pub. L. 99–563, see

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of 1986 Amendment note set out under section 3901 of Title 15, Commerce and Trade] are in addition to those of this Act [see

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of 1986 Amendment note set out under section 9601 of this title].”

§9671 Definitions

Summary

Title 42, §9671

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Amendments

Amendments

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Citations & Metadata