15 USC § 8202 - Regulation of nonadmitted insurance by insured’s home State

---
identifier: "/us/usc/t15/s8202"
source: "usc"
legal_status: "official_prima_facie"
title: "15 USC § 8202 - Regulation of nonadmitted insurance by insured’s home State"
title_number: 15
title_name: "COMMERCE AND TRADE"
section_number: "8202"
section_name: "Regulation of nonadmitted insurance by insured’s home State"
chapter_number: 108
chapter_name: "STATE-BASED INSURANCE REFORM"
subchapter_number: "I"
subchapter_name: "NONADMITTED INSURANCE"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 111–203, title V, § 522, July 21, 2010, 124 Stat. 1590.)"
---


# § 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 shall be subject to the statutory and regulatory requirements solely of the insured’s home State.

**(b)** **Broker licensing** No State other than an insured’s home State may require a surplus lines broker to be licensed in order to sell, solicit, or negotiate nonadmitted insurance with respect to such insured.

**(c)** **Enforcement provision** section 8201 of this title

With respect to  and subsections (a) and (b) of this section, any law, regulation, provision, or action of any State that applies or purports to apply to nonadmitted insurance sold to, solicited by, or negotiated with an insured whose home State is another State shall be preempted with respect to such application.

**(d)** **Workers’ compensation exception** This section may not be construed to preempt any State 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.

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