Exemptions.

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(1) The provisions of this article controlling the placing of insurance with nonadmitted insurers shall not apply to reinsurance or, except as to subsection (2) of this section, to the following types of insurance when placed by licensed agents or brokers of this state:

  1. Insurance on vessels or crafts or their hulls or cargoes or on marine builders' risks ormarine protection and indemnity or other risks, including strikes and war risks commonly insured under ocean or wet marine forms of policy;

  2. Insurance on subjects located, resident, or to be performed wholly outside of thisstate or on vehicles or aircraft owned and principally garaged outside this state;

  3. Insurance on the operations of railroads engaged in transportation in interstate commerce and their property used in such operations;

  4. Insurance on aircraft owned or operated by manufacturers of aircraft or on aircraftoperated in commercial scheduled interstate flight or the cargo of such aircraft or against liability, other than workers' compensation and employers' liability, arising out of the ownership, maintenance, or use of such aircraft;

  5. Insurance on satellites or other devices intended for launch beyond the earth's atmosphere.

(2) Brokers placing any insurance referred to in subsection (1) of this section shall keep a full and true record of each such coverage in detail as required of surplus line insurance under this article. The record shall be preserved for not less than three years after the effective date of the insurance; shall be kept in the broker's office and open to the commissioner's examination and on forms designated and furnished by the commissioner; and shall contain a report of all such coverages so placed in a designated calendar year.

Source: L. 81: Entire section added, p. 538, § 1, effective January 1, 1982. L. 2005: Entire section amended, p. 735, § 1, effective January 1, 2006.


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