§ 27-46-2. Definitions.
As used in this chapter:
(1) "Commissioner� means the director of the department of business regulation or the
commissioner, director, or superintendent of insurance in any other state.
(2) "Completed operations liability� means liability arising out of the installation,
maintenance, or repair of any product at a site which is not owned or controlled by:
(i) Any person who performs that work; or
(ii) Any person who hires an independent contractor to perform that work; but shall include
liability for activities which are completed or abandoned before the date of the occurrence
giving rise to the liability.
(3) "Domicile,� for the purposes of determining the state in which a purchasing group
is domiciled, means:
(i) For a corporation, the state in which the purchasing group is incorporated; and
(ii) For an unincorporated entity, the state of its principal place of business.
(4) "Hazardous financial condition� means that, based on its present or reasonably anticipated
financial condition, a risk retention group, although not yet financially impaired
or insolvent, is unlikely to be able:
(i) To meet obligations to policyholders with respect to known claims and reasonably anticipated
claims; or
(ii) To pay other obligations in the normal course of business.
(5) "Insurance� means primary insurance, excess insurance, reinsurance, surplus lines
insurance, and any other arrangement for shifting and distributing risk, which is
determined to be insurance under the laws of this state.
(6) "Liability�:
(i) Means legal liability for damages, including costs of defense, legal costs and fees,
and other claims expenses, because of injuries to other persons, damage to their property,
or other damage or loss to other persons resulting from or arising out of:
(A) Any business whether profit or nonprofit, trade, product, services including professional
services, premises, or operations; or
(B) Any activity of any state or local government, or any agency or political subdivision
of any state or local government; and
(ii) Does not include personal risk liability and an employer's liability with respect
to its employees other than legal liability under 45 U.S.C. § 51 et seq.
(7) "Personal risk liability� means liability for damages because of injury to any person,
damage to property, or other loss or damage resulting from any personal, familial,
or household responsibilities or activities, rather than from responsibilities or
activities referred to in subsection (6) of this section.
(8) "Plan of operation or a feasibility study� means an analysis which presents the expected
activities and results of a risk retention group including, at a minimum:
(i) Information sufficient to verify that its members are engaged in businesses or activities
similar or related with respect to the liability to which the members are exposed
by virtue of any related, similar, or common business, trade, product, services, premises,
or operations;
(ii) For each state in which it intends to operate, the coverages, deductibles, coverage
limits, rates, and rating classification systems for each line of insurance the group
intends to offer;
(iii) Historical and expected loss experience of the proposed members and national experience
of similar exposures to the extent that this experience is reasonably available;
(iv) Pro forma financial statements and projections;
(v) Appropriate opinions by a qualified, independent casualty actuary, including a determination
of minimum premium or participation levels required to commence operations and to
prevent a hazardous financial condition;
(vi) Identification of management, underwriting, and claims procedures, marketing methods,
managerial oversight methods, investment policies, and reinsurance agreements;
(vii) Identification of each state in which the risk retention group has obtained, or sought
to obtain, a charter and license, and a description of its status in each state; and
(viii) Any other matters that may be prescribed by the commissioner of the state in which
the risk retention group is chartered for liability insurance companies authorized
by the insurance laws of that state.
(9) "Product liability� means liability for damages because of any personal injury, death,
emotional harm, consequential economic damage, or property damage, including damages
resulting from the loss of use of property, arising out of the manufacture, design,
importation, distribution, packaging, labeling, lease, or sale of a product, but does
not include the liability of any person for those damages if the product involved
was in the possession of the person when the incident giving rise to the claim occurred.
(10) "Purchasing group� means any group which:
(i) Has as one of its purposes the purchase of liability insurance on a group basis;
(ii) Purchases the insurance only for its group members and only to cover their similar
or related liability exposure, as described in subsection (10)(iii);
(iii) Is composed of members whose business or activities are similar or related with respect
to the liability to which members are exposed by virtue of any related, similar, or
common business, trade, product, services, premises, or operations; and
(iv) Is domiciled in any state.
(11) "Risk retention group� means any corporation or other limited liability association:
(i) Whose primary activity consists of assuming and spreading all, or any portion, of
the liability exposure of its group members;
(ii) Which is organized for the primary purpose of conducting the activity described under
subsection (11)(i);
(iii) Which:
(A) Is chartered and licensed as a liability insurance company and authorized to engage
in the business of insurance under the laws of any state; or
(B) Before January 1, 1985, was chartered or licensed and authorized to engage in the
business of insurance under the laws of Bermuda or the Cayman Islands and, before
that date, had certified to the insurance commissioner of at least one state that
it satisfied the capitalization requirements of that state, except that the group
shall be considered to be a risk retention group only if it has been engaged in business
continuously since that date and only for the purpose of continuing to provide insurance
to cover product liability or completed operations liability, as the terms were defined
in the Product Liability Risk Retention Act of 1981 before the date of the enactment
of the Liability Risk Retention Act of 1986, 15 U.S.C. § 3901 et seq.;
(iv) That does not exclude any person from membership in the group solely to provide for
members of the group a competitive advantage over the person;
(v) Which:
(A) Has as its owners only persons who comprise the membership of the risk retention group
and who are provided insurance by the group; or
(B) Has as its sole owner an organization which has as:
(I) Its members only persons who comprise the membership of the risk retention group;
and
(II) Its owners only persons who comprise the membership of the risk retention group and
who are provided insurance by the group;
(vi) Whose members are engaged in businesses or activities similar or related with respect
to the liability of which the members are exposed by virtue of any related, similar,
or common business, trade, product, services, premises, or operations;
(vii) Whose activities do not include the provision of insurance other than:
(A) Liability insurance for assuming and spreading all or any portion of the liability
of its group members; and
(B) Reinsurance with respect to the liability of any other risk retention group or any
members of the other group which is engaged in business or activities so that the
group or member meets the requirement described in subsection (11)(vi) from membership
in the risk retention group which provides the reinsurance; and
(viii) The name of which includes the phrase "risk retention group.�
(12) "State� means any state of the United States or the District of Columbia.