Domestic surplus lines insurers
N.D. Cent. Code § 26.1-44-03.2
in effect26.1-44-03.2. 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.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t26-1c44.pdf#nameddest=26p1-44-03p2Fetched: 10/16/2026