Nonadmitted and Reinsurance Reform Act of 2007

Bill: 110-s-929
Sponsor: Sen. Martinez, Mel [R-FL]
Introduced: 2007-03-20 in the Senate
Policy area: Finance and Financial Sector
Subjects: Administrative fees
Business insurance
Casualty insurance
Commerce
Commercial arbitration
Congress
Congressional investigations
Congressional reporting requirements
Contracts
Data banks
Federal preemption
Financial statements
Government Operations and Politics
Government paperwork
Insurance
Insurance agents
Insurance companies
Insurance premiums
Interstate compacts
Interstate relations
Law
Licenses
Property insurance
Reinsurance
Science, Technology, Communications
State laws
State taxation
Tax returns
Taxation

Summary:
action_date: 2007-03-20
text: 
Nonadmitted and Reinsurance Reform Act of 2007 - Prohibits any state other than the home state of an insured from requiring a premium tax payment for nonadmitted insurance.
 
Authorizes states to enter into procedures to allocate among themselves the premium taxes paid to an insured's home state.
 
Allows an insured's home state to require surplus lines brokers and certain insureds to file annually tax allocation reports detailing the portion of the nonadmitted insurance premiums attributable to properties, risks, or exposures located in each state.
 
Declares that Congress intends that each state adopt a nationwide or uniform procedure that provides for the reporting, payment, collection, and allocation of premium taxes for nonadmitted insurance. 
 
Subjects nonadmitted insurance solely to the regulatory requirements of the insured's home state.
 
Declares that only an insured's home state may require a surplus lines broker to be licensed to conduct nonadmitted insurance business with respect to such insured. 
 
Prohibits a state from collecting fees relating to licensure of a surplus lines broker unless it has a regulatory mechanism for participation in the national insurance producer database of the National Association of Insurance Commissioners (NAIC), or any other equivalent uniform national database.
 
Prohibits a state from: (1) establishing eligibility criteria for nonadmitted insurers domiciled in a U.S. jurisdiction except in conformance with the Non-Admitted Insurance Model Act; or (2) prohibiting a surplus lines broker from placing nonadmitted insurance with, or procuring nonadmitted insurance from, a nonadmitted insurer domiciled outside the United States and listed on the NAIC International Insurers Department Quarterly Listing of Alien Insurers.
 
Prohibits a state from denying credit for reinsurance if the state of domicile of an insurer purchasing reinsurance recognizes credit for reinsurance for the insurer's ceded risk and: (1) is either an NAIC-accredited state; or (2) has financial solvency requirements substantially similar to NAIC accreditation requirements.
 
Reserves to the state of domicile of a reinsurer sole responsibility for regulating the reinsurer's financial solvency if the state is NAIC-accredited, or has financial solvency requirements substantially similar to NAIC accreditation requirements.
 
Prohibits a state from requiring a reinsurer to provide financial information other than that required to file with its NAIC-compliant domiciliary state.


Legislative actions:
action_date: 2007-03-20
text: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
action_date: 2007-03-20
text: Introduced in Senate