N.D. Cent. Code § 26.1-44-03.2: Domestic surplus lines insurers

1.A North Dakota domestic insurer may be designated a domestic surplus lines insurer if:

a.The insurer possesses a policyholder surplus of at least fifteen million dollars;

b.The designation is in compliance with a resolution of the insurer's board of directors; and

c.The commissioner has provided written approval of the designation.

2.A domestic surplus lines insurer may write surplus lines insurance in North Dakota and any other jurisdiction in which the insurer is eligible. A domestic surplus lines insurer may insure in this state any risk if:

a.Produced pursuant to chapter 26.1-44; and

b.The premium is subject to surplus lines premium tax pursuant to section 26.1-44-03.1.

3.For purposes of the federal Nonadmitted and Reinsurance Reform Act of 2010 [15 U.S.C. 8201 et seq.], a domestic surplus lines insurer is considered a nonadmitted insurer as defined under that Act, with respect to risks insured in this state.

4.A domestic surplus lines insurer may not issue a policy designed to satisfy the motor vehicle financial responsibility requirements in chapter 26.1-41 or any other law mandating insurance coverage by a licensed insurance company.

5.Except as specifically exempted from such requirements, a domestic surplus lines insurer is subject to compliance with all financial examination and solvency requirements that apply to domestic insurers under chapter 26.1-03 regarding examinations and reports.

6.A domestic surplus lines insurer is not subject to the provisions of chapter 26.1-38.1 regarding the life and health insurance guaranty association nor to chapter 26.1-39 regarding property and casualty insurance.