(a) For the purposes of this chapter the following definitions shall apply:
(1)Admitted insurer. —The term “admitted insurer” means an insurer authorized to engage in the business of insurance in this State.
(2)Affiliate. —The term “affiliate” means, with respect to an insured, any entity that controls, is controlled by, or is under common control with the insured.
(3)Affiliated group. —The term “affiliated group” means any group of entities that are all affiliated.
(4)Broker. —The term “broker,” as used in this chapter and unless context otherwise requires, means a surplus lines broker duly licensed as such under this chapter.
(5)Clearinghouse. —The term “clearinghouse” means a mechanism or entity established for the receipt and distribution of premium taxes and transaction data related to the sale of nonadmitted insurance.
(6)Control. —An entity has “control” over another entity if:
a. The entity directly or indirectly or acting through 1 or more other persons owns, controls, or has the power to vote 25 percent or more of any class of voting securities of the other entity; or
b. The entity controls in any manner the election of a majority of the directors or trustees of the other entity.
(7)Export. —The term “export” means to place insurance in a nonadmitted insurer under this surplus lines law.
(8)Gross premium. —The term “gross premium” means the amount charged by an insurer for consideration for insurance. Any assessment, or any membership, policy, survey, inspection, service or similar fee or other charge in consideration for an insurance contract is deemed part of the premium.
(9)Home state. —a.In general. —Except as provided in paragraph (a)(9)b. of this section, the term “home state” means, with respect to an insured
1. The state in which an insured maintains its principal place of business or, in the case of an individual, the individual’s principal residence; or
2. If 100 percent of the insured risk is located out of the state referred to in paragraph (a)(9)a.1. of this section, the state to which the greatest percentage of the insured’s taxable premium for that insurance contract is allocated.
b.Affiliated groups. —If more than 1 insured from an affiliated group are named insureds on a single nonadmitted insurance contract, the term “home state” means the home state, as determined pursuant to paragraph (a)(9)a. of this section, of the member of the affiliated group that has the largest percentage of premium attributed to it under such insurance contract.
(10)Home state insured. —The term “home state insured” means, unless the context indicates otherwise, an insured whose home state is Delaware.
(11)Independently procured insurance. —The term “independently procured insurance” means insurance procured directly by an insured from a nonadmitted insurer.
(12)Multi-state risk. —The term “multi-state risk” means a risk with exposures in more than 1 state.
(13)NAIC. —The term “NAIC” means the National Association of Insurance Commissioners or any successor entity.
(14)Net premium. —The term “net premium” means, for the purposes of this chapter, gross premium as defined herein, less any returned premiums.
(15)Nonadmitted insurance. —The term “nonadmitted insurance” means any property and casualty insurance permitted to be placed directly or through a surplus lines broker with a nonadmitted insurer eligible to accept such insurance. For purposes of this chapter, nonadmitted insurance includes independently procured insurance placed directly and surplus lines insurance.
(16)Nonadmitted insurer. —The term “nonadmitted insurer”
a. Means an insurer not authorized to engage in the business of insurance in this state; but
b. Does not include a risk retention group, as that term is defined in § 2(a)(4) of the Liability Risk Retention Act of 1986 (15 U.S.C. § 3901(a)(4)).
(17)Premium tax. —The term “premium tax” means, with respect to surplus lines or independently procured insurance coverage, any tax, fee, assessment, or other charge imposed by a government entity directly or indirectly based on any payment made as consideration for an insurance contract for such insurance, including premium deposits, assessments, registration fees, and any other compensation given in consideration for a contract of insurance.
(18)Qualified risk manager. —The term “qualified risk manager” means, with respect to a policyholder of commercial insurance, a person who meets all of the following requirements:
a. The person is an employee of, or third-party consultant retained by, the commercial policyholder.
b. The person provides skilled services in loss prevention, loss reduction, or risk and insurance coverage analysis, and purchase of insurance.
c. The person:
1. A. Has a bachelor’s degree or higher from an accredited college or university in risk management, business administration, finance, economics, or any other field determined by a state insurance commissioner or other state regulatory official or entity to demonstrate minimum competence in risk management; and
B. I. Has 3 years of experience in risk financing, claims administration, loss prevention, risk and insurance analysis, or purchasing commercial lines of insurance; or
II. Has:
(A) A designation as a “chartered property and casualty underwriter” (in this subparagraph referred to as “CPCU”) issued by the American Institute for CPCU/Insurance Institute of America;
(B) A designation as an “associate in risk management” (“ARM”) issued by the American Institute for CPCU/Insurance Institute of America;
(C) A designation as “certified risk manager” (“CRM”) issued by the National Alliance for Insurance Education & Research;
(D) A designation as a “RIMS Fellow” (“RF”) issued by the Global Risk Management Institute; or
(E) Any other designation, certification, or license determined by a state insurance commissioner or other state insurance regulatory official or entity to demonstrate minimum competency in risk management;
2. A. Has at least 7 years of experience in risk financing, claims administration, loss prevention, risk and insurance coverage analysis, or purchasing commercial lines of insurance; and
B. Has any 1 of the designations specified in paragraphs (18)c.1.B.(II)(A) through (E) of this section;
3. Has at least 10 years of experience in risk financing, claims administration, loss prevention, risk and insurance coverage analysis, or purchasing commercial lines of insurance; or
4. Has a graduate degree from an accredited college or university in risk management, business administration, finance, economics, or any other field determined by a State insurance commissioner or other state regulatory official or entity to demonstrate minimum competence in risk management.
(19)Reciprocal state. —The term “reciprocal state” means a state that has:
a. Entered into a nonadmitted insurance compact or agreement; or
b. Otherwise adopted the allocation schedule and reporting forms prescribed by a multi-state agreement for nonadmitted insurance
(20)Single-state risk. —The term “single-state risk” means a risk with exposure in only 1 state.
(21)State. —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.
(22)Surplus lines broker. —The term “surplus lines broker” means an individual, firm, or corporation which is licensed in this State to sell, solicit, negotiate, or procure insurance in this state with nonadmitted insurers.
(23)Surplus lines insurance. —The term “surplus lines insurance” means insurance procured by a surplus lines licensee from a surplus lines insurer or other nonadmitted insurer as permitted under the law of the home state; for purposes of this chapter “surplus lines insurance” shall also mean excess lines insurance as may be defined by applicable state law.
(24)Surplus lines insurer. —The term “surplus lines insurer” means a nonadmitted insurer eligible under the law of the home state to accept business from a surplus lines licensee; for purposes of this chapter “surplus lines insurer” shall also mean an insurer that is permitted to write surplus lines insurance under the laws of the state where such insurer is domiciled.
(b) In this chapter, unless otherwise specified, words and expressions used have the same meaning as in the NRRA [Nonadmitted and Reinsurance Reform Act of 2010, 15 U.S.C. § 8201 et seq.].