§ 8223 - Definitions

CHAPTER 108— STATE-BASED INSURANCE REFORM › SUBCHAPTER II— REINSURANCE

For purposes of this subchapter, the following definitions shall apply:

(1) The term “ceding insurer” means an insurer that purchases reinsurance.

(2) The terms “State of domicile” and “domiciliary State” mean, with respect to an insurer or reinsurer, the State in which the insurer or reinsurer is incorporated or entered through, and licensed.

(3) The term “NAIC” means the National Association of Insurance Commissioners or any successor entity.

(4) The term “reinsurance” means the assumption by an insurer of all or part of a risk undertaken originally by another insurer.

(5)(A) The term “reinsurer” means an insurer to the extent that the insurer—

(5)(A)(i) is principally engaged in the business of reinsurance;

(5)(A)(ii) does not conduct significant amounts of direct insurance as a percentage of its net premiums; and

(5)(A)(iii) is not engaged in an ongoing basis in the business of soliciting direct insurance.

(5)(B) A determination of whether an insurer is a reinsurer shall be made under the laws of the State of domicile in accordance with this paragraph.

(6) The term “State” includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, the Virgin Islands, and American Samoa.