Title 58 — INSURANCE

Terms used in this chapter mean: (1) "Board of directors" or "board," the governing body of the risk retention group as elected by the shareholders or members to establish policy, elect or appoint officers and committees, and make other governing decisions; (2) "Completed operati…

The following acts by a risk retention group are hereby prohibited: (1) The solicitation or sale of insurance by a risk retention group to any person who is not eligible for membership in such group; and (2) The solicitation or sale of insurance by, or operation of, a risk retent…

No risk retention group shall be allowed to do business in this state if an insurance company is directly or indirectly a member or owner of such risk retention group, other than in the case of a risk retention group all of whose members are insurance companies. Source: SL 1987, …

A risk retention group not chartered in this state and doing business in this state shall comply with a lawful order issued in a voluntary dissolution proceeding or in a delinquency proceeding commenced by a state insurance director if there has been a finding of financial impair…

No risk retention group may be permitted to join or contribute financially to any insurance insolvency guaranty fund, or similar mechanism, in this state, nor shall any risk retention group, or its insureds, receive any benefit from any such fund for claims arising out of the ope…

A policy of insurance issued to a risk retention group or any member of that group is not required to be countersigned. Source: SL 1987, ch 372 , § 14; SL 2021, ch 210 , § 3.

A risk retention group may not offer insurance coverage prohibited under the insurance laws of this state or declared unlawful by the Supreme Court of this state. Source: SL 1987, ch 372 , § 15. 58-6A-16. Repealed by SL 1988, ch 392 , § 3

58-6A-17 Notice to director--Contents. 58-6A-17.1 Notice to director of changes. 58-6A-17.2 Information required by director--Time for giving notice and information. 58-6A-18 Designation of director as agent for purchasing group--Exceptions. 58-6A-19

A purchasing group and its insurer or insurers are subject to all applicable laws of this state, except that a purchasing group and its insurer or insurers are exempt, in regard to liability insurance for the purchasing group, from any law that would: (1) Prohibit the establishme…

Any purchasing group which intends to do business in this state shall furnish notice to the director which shall: (1) Identify the state in which the group is domiciled; (2) Specify the lines and classifications of liability insurance which the purchasing group intends to purchas…

A purchasing group shall, within ten days, notify the director of any changes in any of the items set forth in §

Each group that is required to give notice pursuant to § 58-6A-17 shall also furnish such information as may be required by the director to: (1) Verify that the entity qualifies as a purchasing group; (2) Determine where the purchasing group is located; and (3) Determine appropri…

The purchasing group shall register with and designate the director as its agent solely for the purpose of receiving service of legal documents or process, except that such requirements do not apply in the case of a purchasing group: (1) Which was domiciled before April 1, 1986, …

58-6A-19.2 Notice of unprotected risk when liability insurance obtained from insurer not admitted in this state or risk retention group. 58-6A-19.3 Purchase of insurance providing for deductible or self-induced retention applicable to whole group prohibited--Application to indivi…

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 insurance producer acting pursuant …

Any purchasing group which obtains liability insurance from an insurer not admitted in this state or a risk retention group shall inform each of the members of such group which have a risk resident or located in this state that such risk is not protected by an insurance insolvenc…

No purchasing group may purchase insurance providing for a deductible or self - insured retention applicable to the group as a whole. However, coverage may provide for a deductible or self - insured retention applicable to individual members. Any purchase of insurance by purchasi…

No person, firm, association, or corporation may act or aid in any manner in soliciting, negotiating, or procuring liability insurance in this state from a risk retention group unless the person, firm, association, or corporation is licensed as an insurance producer in accordance…

No person, firm, association, or corporation may 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, associati…

No person, firm, association, or corporation may 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 the person, firm, association, or corporatio…

No person, firm, association, or corporation may act or aid in any manner in soliciting, negotiating, or procuring liability insurance from an insurer not authorized to do business in this state on behalf of a purchasing group located in this state unless the person, firm, associ…

Any risk retention group seeking to be chartered in this state shall be chartered and licensed as a liability insurance company authorized by the insurance laws of this state and, except as provided in this chapter, shall comply with all of the laws, rules, and requirements appli…

The director may use any of the enforcement powers available under the laws of this state so long as those powers are not specifically preempted by the Product Liability Risk Retention Act of 1981, as amended by the risk retention amendments of 1986. This includes, but is not lim…

Any risk retention group which violates any provision of this chapter is subject to fines and penalties applicable to licensed insurers generally, including revocation of its license or the right to do business in this state. Source: SL 1987, ch 372 , § 21.

Any person acting, or offering to act, as an insurance producer for a risk retention group or purchasing group, which solicits members, sells insurance coverage, purchases coverage for its members located within this state, or otherwise does business in this state shall, before c…

Any order issued by any district court of the United States enjoining a risk retention group from soliciting or selling insurance, or operating in any state or in all states or in any territory or possession of the United States upon a finding that such a group is in a hazardous …

The director may promulgate, pursuant to chapter 1-26 , such rules relating to risk retention groups as may be necessary or desirable to carry out the provisions of this chapter. Source: SL 1987, ch 372 , § 24.

Before offering insurance in this state, a risk retention group not chartered in this state shall submit to the director: (1) A statement identifying the states in which the risk retention group is chartered and licensed as a liability insurance company, date of chartering, its p…

The board of directors of the risk retention group shall have a majority of independent directors. If the risk retention group is a reciprocal, then the attorney-in-fact shall adhere to the same standards regarding independence of operation and governance as imposed on the risk r…

The board of directors shall adopt and disclose a code of business conduct and ethics for directors, officers, and employees. Each director, officer, and employee shall promptly disclose to the board of directors any waivers of the code. The code of business conduct and ethics sh…

58-6A-5 Taxation of premiums--Payment by insurance producers or brokers--Payment by risk retention group--Report of premiums. 58-6A-5.1 Rate of taxation on premiums--Interest, fines and penalties--Payment. 58-6A-6 Compliance with Unfair Trade Practices Act. 58-6A-7 Compliance wit…

Application of §§ 58-6A-1 to

A material relationship includes: (1) The receipt in any one twelve-month period of compensation or payment of any other item of value greater than or equal to five percent of the risk retention group's gross written premium for the twelve-month period or two percent of the risk …

The term of any material service provider contract with the risk retention group may not exceed five years. Any material service provider contract, or its renewal, requires the approval of the majority of the risk retention group's independent directors. The risk retention group'…

No service provider contract meeting the criteria of material relationship contained in § 58-6A-3.2 may be entered into unless the risk retention group has notified the director in writing of the risk retention group's intention to enter into the contract at least thirty days bef…

The risk retention group's board of directors shall adopt a written policy in the plan of operation as approved by the board that requires the board to: (1) Assure that all owners and insureds of the risk retention group receive evidence of ownership interest; (2) Develop a set o…

The risk retention group shall have an audit committee composed of at least three independent board members as defined in §§ 58-6A-3.1 and

The audit committee of the risk retention group shall have a written charter that defines the committee's purpose, which, at a minimum, shall: (1) Assist board oversight of the integrity of financial statements, the compliance with legal and regulatory requirements, and the quali…

The domestic regulator may waive the requirement to establish an audit committee composed of independent board members if the risk retention group is able to demonstrate to the domestic regulator that it is impracticable to do so and the risk retention group's board of directors …

The board of directors shall adopt and disclose governance standards and make the information available electronically through the risk retention group's website or by other means. The risk retention group shall provide the governance standards to members or insureds on request. …

Any risk retention group doing business in this state shall submit to the director: (1) A copy of the group's financial statement submitted to its state of domicile, which shall be certified by an independent public accountant and contain a statement of opinion on loss and loss a…

All premiums paid for coverages within this state to risk retention groups are subject to taxation at the same rate and subject to the same interest, fines, and penalties for nonpayment as that applicable to foreign admitted insurers. To the extent insurance producers are utilize…

The premium tax imposed by chapter 10-44 and taxes on premiums paid for coverage of risks resident or located in this state by a purchasing group or any member of a purchasing group shall be imposed at the same rate and subject to the same interest, fines, and penalties as that a…

Any risk retention group, its insurance producers, and representatives shall comply with the Unfair Trade Practices Act of this state, §§ 58-33-66 to 58-33-69 , inclusive. Source: SL 1987, ch 372 , § 6; SL 2001, ch 286 , § 90.

Any risk retention group shall comply with the laws of this state, chapter 58-33 , regarding deceptive, false, or fraudulent acts or practices. However, if the director seeks an injunction regarding such conduct, the injunction shall be obtained from a court of competent jurisdic…

Any risk retention group shall submit to an examination by the director to determine its financial condition if the director of the jurisdiction in which the group is chartered has not initiated an examination or does not initiate an examination within sixty days after a request …

Any policy issued by any person, firm, association, or corporation licensed pursuant to the provisions of chapter 58-6A , on business placed with risk retention groups or written through a purchasing group, shall inform each prospective insured of the provisions of the notice and…