Section 1 Short title
This Act may be cited as the “Captive Insurers Clarification Act”.
Captive Insurers Clarification Act
A BILL
To clarify the definition of nonadmitted insurer under the Nonadmitted and Reinsurance Reform Act of 2010, and for other purposes.
Sec. 2 Captive insurers
Definitions— Section 527 of the Nonadmitted and Reinsurance Reform Act of 2010 (15 U.S.C. 8206) is amended—
by redesignating paragraphs (4) through (16) as paragraphs (5) through (17), respectively;
by inserting after paragraph (3) the following:
“(4) Captive insurance company—The term “captive insurance company” includes any insurance company—
“(A) that is wholly owned, directly or indirectly, by a single parent company, and whose primary purpose is to provide insurance to cover the risks of such single parent company or any affiliates of such single parent company;
“(B) that is wholly owned, directly or indirectly, by a group of companies, and whose primary purpose is to provide insurance to cover the risks of such group of companies or any affiliates of such group of companies; and
“(C) that is wholly owned, directly or indirectly, by an industry, trade, or service group or association, and whose primary purpose is to provide insurance to cover the risks to any member in such group or association or any affiliate of such member.”
in paragraph (12)(B), as so redesignated—
by striking “(B) does not include a risk retention group” and inserting the following:
“(B) does not include—
“(i) a risk retention group”
by striking the period at the end and inserting “; or”; and
by adding at the end the following:
“(ii) a captive insurance company.”
Rule of construction— This Act and the amendments made by this Act may not be construed to limit a State’s taxing authority over an insured with respect to any self-procurement transaction involving a captive insurance company.