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North Dakota Century Code Title 26.1. Insurance § 26.1-44-03.2. Domestic surplus lines insurers

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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.

(a) For the purposes of this section, the following words have the following meanings:

(1) Critical infrastructure. The term includes, but is not limited to, a chemical manufacturing facility, a pipeline, a refinery, an electrical power generating facility and the area surrounding the facility, an electrical transmission tower and substation and distribution substation, an electric utility control center, communication equipment, a switching station, a water intake structure and water treatment facility, a natural gas transmission compressor station, a liquefied natural gas (LNG) terminal and storage facility, a natural gas and hydrocarbon storage or production facility, mining operations, beneficiation infrastructure and mining infrastructure, and a transportation facility, such as a port, airport, railroad operating facility, or trucking terminal.

(2) Fraudulent documents for identification purposes. A document which is presented as being a bona fide document that provides personal identification information but which, in fact, is false, forged, altered, or counterfeit.

(3) Person. An individual, trust, estate, corporation, partnership, limited partnership, limited liability partnership, limited liability company, or unincorporated nonprofit association having a separate legal existence under state law.

(4) Unmanned aircraft system. A powered, aerial vehicle that does not carry a human operator, uses aerodynamic forces to provide vehicle lift, may fly autonomously through an onboard computer or be piloted remotely, and may be expendable or recoverable. The term does not include a satellite orbiting the Earth or a spacecraft beyond Earth's atmosphere and may not be construed to implicate the provider of a telecommunications link between an owner or operator of an unmanned aircraft system and the unmanned aircraft system.

(b) A person commits the crime of unauthorized entry of a critical infrastructure if the person does any of the following:

(1) Intentionally enters without authority into any structure or onto any premises belonging to another that constitutes in whole or in part a critical infrastructure that is completely enclosed by any type of physical barrier or clearly marked with a sign or signs that are posted in a conspicuous manner and indicate that unauthorized entry is forbidden.

(2) Uses or attempts to use a fraudulent document for identification for the purpose of entering a critical infrastructure.

(3) Remains upon or on the premises of a critical infrastructure after having been forbidden to do so, either orally or in writing, by any owner, lessee, or custodian of the property or by any other authorized person.

(4) Intentionally enters into a restricted area of a critical infrastructure which is marked as a restricted or limited access area that is completely enclosed by any type of physical barrier when the person is not authorized to enter the restricted or limited access area.

(c) A person who commits the crime of unauthorized entry of a critical infrastructure is guilty of a Class A misdemeanor.

(d) If, during the commission of the crime of unauthorized entry of a critical infrastructure, the person injures, removes, destroys, or breaks critical infrastructure property, or otherwise interrupts or interferes with the operations of a critical infrastructure asset, the person is guilty of a Class C felony.

(e) A person who commits the crime of unauthorized entry of a critical infrastructure while possessing or operating an unmanned aircraft system with an attached weapon, firearm, explosive, destructive device, or ammunition is guilty of a Class C felony.

(f) Nothing in this section shall be construed to prevent lawful assembly and peaceful and orderly petition for the redress of grievances, including, but not limited to, any labor dispute between any employer and its employee.

Cite this article: - North Dakota Century Code Title 26.1. Insurance § 26.1-44-03.2. Domestic surplus lines insurers - last updated January 01, 2020 |

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