§ 26.1-02-05 — Unauthorized insurance prohibited - Exceptions

North Dakota § 26.1-02-05

• Jurisdiction: North Dakota
• Title 26.1: Insurance
• Ch. 26.1-02: General Provisions

Text

An insurance company may not transact insurance business in this state, as set forth in
section 26.1-02-06, without a certificate of authority from the commissioner. This section does
not apply to:
1. The lawful transaction of surplus lines insurance.
2. The lawful transaction of reinsurance by insurers.
3. Transactions involving a policy lawfully solicited, written, and delivered outside of this
state covering only subjects of insurance not resident, located, or expressly to be
performed in this state at the time of issuance, and which transactions are subsequent
to the issuance of such policy.
4. Transactions involving life insurance, health insurance, or annuities provided to
educational or religious or charitable institutions organized and operated without profit
to any private shareholder or individual, for the benefit of the institutions and
individuals engaged in the service of the institutions.
5. Attorneys acting in the ordinary relation of attorney and client in the adjustment of
claims or losses.
6. Transactions involving group life, accident, and health, or blanket accident and health
insurance, or group annuities if the master policy of the group was lawfully issued and
delivered in and pursuant to the laws of a state in which the insurance company was
authorized to do an insurance business, to a group organized for purposes other than
the procurement of insurance, and where the policyholder is domiciled or otherwise
has a bona fide situs.
7. Transactions involving any insurance policy or annuity contract issued before July 1,
1973.
8. Transactions relative to a policy issued or to be issued outside this state involving
insurance on vessels, craft or hulls, cargoes, marine builder's risk, marine protection
and indemnity or other risk, including strikes and war risks commonly insured under
ocean or wet marine forms of policy.
9. Transactions involving insurance contracts issued to one or more industrial insureds;
provided, that this does not relieve an industrial insured from taxation imposed upon
independently procured insurance. An industrial insured is an insured:
a. Which procures the insurance of any risk or risks other than life and annuity
contracts by use of the services of a full-time employee acting as an insurance
manager or buyer or the services of a regularly and continuously retained
qualified insurance consultant;
b. Whose aggregate annual premiums for insurance on all risks total at least
twenty-five thousand dollars; and
c. Which has at least twenty-five full-time employees.
10. Transactions involving insurance contracts covering a large commercial risk as defined
in section 26.1-25-02.1, provided an industrial insured is not relieved from taxation
imposed upon independently procured insurance.