---
kind: "section"
citation: "15 U.S.C. § 8221"
title: "15"
title_heading: "Commerce and Trade"
number: "8221"
heading: "Regulation of credit for reinsurance and reinsurance agreements"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/8221"
units:
  - "Chapter 108 — State-Based Insurance Reform"
  - "Subchapter II — Reinsurance"
---

# §8221. Regulation of credit for reinsurance and reinsurance agreements

- (a) **Credit for reinsurance—** If the [State of domicile](/usc/15/8223.md?p=2) of a [ceding insurer](/usc/15/8223.md?p=1) is an [NAIC](/usc/15/8206.md?p=8)-accredited [State](/usc/15/8206.md?p=16), or has financial solvency requirements substantially similar to the requirements necessary for [NAIC](/usc/15/8206.md?p=8) accreditation, and recognizes credit for [reinsurance](/usc/15/8206.md?p=14) for the insurer’s ceded risk, then no other [State](/usc/15/8206.md?p=16) may deny such credit for [reinsurance](/usc/15/8206.md?p=14).
- (b) **Additional preemption of extraterritorial application of State law—** In addition to the application of [subsection (a)](#a), all laws, regulations, provisions, or other actions of a [State](/usc/15/8206.md?p=16) that is not the [domiciliary State](/usc/15/8223.md?p=2) of the [ceding insurer](/usc/15/8223.md?p=1), except those with respect to taxes and assessments on insurance companies or insurance income, are preempted to the extent that they—
  - (1) restrict or eliminate the rights of the [ceding insurer](/usc/15/8223.md?p=1) or the assuming insurer to resolve disputes pursuant to contractual arbitration to the extent such contractual provision is not inconsistent with the provisions of [title 9](/usc/9.md);
  - (2) require that a certain [State](/usc/15/8206.md?p=16)’s law shall govern the [reinsurance](/usc/15/8206.md?p=14) contract, disputes arising from the [reinsurance](/usc/15/8206.md?p=14) contract, or requirements of the [reinsurance](/usc/15/8206.md?p=14) contract;
  - (3) attempt to enforce a [reinsurance](/usc/15/8206.md?p=14) contract on terms different than those set forth in the [reinsurance](/usc/15/8206.md?p=14) contract, to the extent that the terms are not inconsistent with this subchapter; or
  - (4) otherwise apply the laws of the [State](/usc/15/8206.md?p=16) to [reinsurance](/usc/15/8206.md?p=14) [agreements](/usc/15/7a.md?p=2) of [ceding insurers](/usc/15/8223.md?p=1) not domiciled in that [State](/usc/15/8206.md?p=16).

## Source credit

(Pub. L. 111–203, title V, § 531, July 21, 2010, 124 Stat. 1595.)