---
kind: "section"
citation: "15 U.S.C. § 8202"
title: "15"
title_heading: "Commerce and Trade"
number: "8202"
heading: "Regulation of nonadmitted insurance by insured’s home State"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/8202"
units:
  - "Chapter 108 — State-Based Insurance Reform"
  - "Subchapter I — Nonadmitted Insurance"
---

# §8202. Regulation of nonadmitted insurance by insured’s home State

- (a) **Home State authority—** Except as otherwise provided in this section, the placement of [nonadmitted insurance](/usc/15/8206.md?p=9) shall be subject to the statutory and regulatory requirements solely of the insured’s [home State](/usc/15/8206.md?p=6-A).
- (b) **Broker licensing—** No [State](/usc/15/8206.md?p=16) other than an insured’s [home State](/usc/15/8206.md?p=6-A) may require a [surplus lines broker](/usc/15/8206.md?p=15) to be licensed in order to sell, solicit, or negotiate [nonadmitted insurance](/usc/15/8206.md?p=9) with respect to such insured.
- (c) **Enforcement provision—** With respect to [section 8201 of this title](/usc/15/8201.md) and subsections [(a)](#a) and [(b)](#b) of this section, any law, regulation, provision, or action of any [State](/usc/15/8206.md?p=16) that applies or purports to apply to [nonadmitted insurance](/usc/15/8206.md?p=9) sold to, solicited by, or negotiated with an insured whose [home State](/usc/15/8206.md?p=6-A) is another [State](/usc/15/8206.md?p=16) shall be preempted with respect to such application.
- (d) **Workers’ compensation exception—** This section may not be construed to preempt any [State](/usc/15/8206.md?p=16) law, rule, or regulation that restricts the placement of workers’ compensation insurance or excess insurance for self-funded workers’ compensation plans with a [nonadmitted insurer](/usc/15/8206.md?p=11).

## Source credit

(Pub. L. 111–203, title V, § 522, July 21, 2010, 124 Stat. 1590.)