§ 26.1-42.1-02 — Definitions

North Dakota § 26.1-42.1-02

• Jurisdiction: North Dakota
• Title 26.1: Insurance
• Ch. 26.1-42.1: Insurance Guaranty Association

Text

As used in this chapter:
1. "Affiliate" means a person who directly, or indirectly, through one or more
intermediaries, controls, is controlled by, or is under common control with an insolvent
insurer on December thirty-first of the year immediately following the date the insurer
becomes an insolvent insurer.
2. "Association" means the North Dakota insurance guaranty association created under
section 26.1-42.1-03.
3. "Claimant" means any insured making a first-party claim or any person instituting a
liability claim, provided that no person who is an affiliate of the insolvent insurer may
be a claimant.
4. "Control" means the direct or indirect possession of the power to direct or cause the
direction of the management and policies of a person, whether through the ownership
of voting securities, by contract other than a commercial contract for goods or
nonmanagement services, or otherwise, unless the power is the result of an official
position with or corporate office held by the person. Control is presumed to exist if any
person directly or indirectly owns, controls, holds with the power to vote, or holds
proxies representing at least ten percent of the voting securities of any other person.
This presumption may be rebutted by a showing that control does not exist in fact.
5. "Covered claim" means an unpaid claim, including an unpaid claim for unearned
premiums, submitted by a claimant, that arises out of and is within the coverage and is
subject to the applicable limits of an insurance policy to which this chapter applies,
issued by an insurer, if this insurer becomes an insolvent insurer after August 1, 1999,
and the claimant or insured is a resident of this state at the time of the insured event;
provided that for entities other than an individual, the residence of a claimant, insured,
or policyholder is the state in which the entity's principal place of business is located at
the time of the insured event; or the claim is a first-party claim for damage to property
with a permanent location in this state. The term does not include:
a. Any amount awarded as punitive or exemplary damages;
b. Any amount sought as a return of premium under any retrospective rating plan;

c. Any amount due any reinsurer, insurer, insurance pool, or underwriting
association as subrogation recoveries, as reinsurance recoveries, as contribution,
as indemnification, or otherwise. A claim under this subdivision for any amount
due any reinsurer, insurer, insurance pool, or underwriting association may not be
asserted against a person insured under a policy issued by an insolvent insurer
other than to the extent the claim exceeds the association obligation limitations
set forth in section 26.1-42.1-05;
d. Workforce safety and insurance, including any contract indemnifying an employer
who pays compensation directly to employees;
e. Any first-party claim by an insured whose net worth exceeds ten million dollars on
December thirty-first of the year immediately following the date the insurer
becomes an insolvent insurer; provided that an insured's net worth on that date is
deemed to include the aggregate net worth of the insured and all of the insured's
subsidiaries as calculated on a consolidated basis; and
f. Any first-party claim by an insured that is an affiliate of the insolvent insurer.
6. "Insolvent insurer" means an insurer licensed to transact insurance in this state at the
time the policy was issued or when the insured event occurred, and against whom a
final order of liquidation was entered after August 1, 1999, with a finding of insolvency
by a court of competent jurisdiction in the insurer's state of domicile.
7. "Member insurer" means any person that writes any kind of insurance to which this
chapter applies under section 26.1-42.1-01, including the exchange of reciprocal or
interinsurance contracts and that is licensed to transact insurance in this state. An
insurer shall cease to be a member insurer on the day following the termination or
expiration of the insurer's license to transact the kinds of insurance to which this
chapter applies, however the insurer remains liable as a member insurer for every
obligation, including an obligation for assessments levied before the termination or
expiration of the insurer's license and assessments levied after the termination or
expiration, which relate to any insurer that became an insolvent insurer before the
termination or expiration of that insurer's license.
8. "Net direct written premiums" means direct gross premiums written in this state on
insurance policies to which this chapter applies, less return premiums on these
policies and dividends paid or credited to policyholders on this direct business. The
term does not include premiums on contracts between insurers or reinsurers.