Title 15, Commerce and TradeRelease 119-110
§8202 Regulation of Nonadmitted Insurance by Insured’s Home State
Title 15 › CHAPTER 108 — STATE-BASED INSURANCE REFORM › SUBCHAPTER I — NONADMITTED INSURANCE › § 8202
Summary
Nonadmitted insurance must follow only the laws and rules of the insured’s home State. No other State can make a surplus lines broker get licensed to sell, solicit, or negotiate that insurance for that insured. Any outside State rule trying to apply is overridden, except State limits on placing workers’ compensation or excess coverage for self-funded workers’ compensation with nonadmitted insurers still apply.
Full Legal Text
Title 15, §8202
Commerce and Trade, Source: USLM XML via OLRC
(a)Home State authority
Except as otherwise provided in this section, the placement of nonadmitted insurance shall be subject to the statutory and regulatory requirements solely of the insured’s home State.
(b)Broker licensing
No State other than an insured’s home State may require a surplus lines broker to be licensed in order to sell, solicit, or negotiate nonadmitted insurance with respect to such insured.
(c)Enforcement provision
With respect to section 8201 of this title and subsections (a) and (b) of this section, any law, regulation, provision, or action of any State that applies or purports to apply to nonadmitted insurance sold to, solicited by, or negotiated with an insured whose home State is another State shall be preempted with respect to such application.
(d)Workers’ compensation exception
This section may not be construed to preempt any State law, rule, or regulation that restricts the placement of workers’ compensation insurance or excess insurance for self-funded workers’ compensation plans with a nonadmitted insurer.
Reference
Citations & Metadata
Citation
15 U.S.C. § 8202
Title 15, Commerce and Trade
Last Updated
Sep 22, 2026
Release point: 119-110