26-11-102. Home state regulation of nonadmitted insurance; exemptions.
(a) This chapter does not apply to reinsurance or to the following insurances when placed by licensed agents or surplus line brokers of this state or when procured directly by an insured from a nonadmitted insurer:
(i) Wet marine and transportation insurance;
(ii) Insurance on subjects located, resident or to be performed wholly outside of this state, or on vehicles or aircraft owned and principally garaged outside this state;
(iii) Insurance on operations of railroads engaged in transportation in interstate commerce and their property used in those operations;
(iv) Insurance on aircraft owned or operated by manufacturers of aircraft, or on aircraft operated in commercial interstate flight, or cargo of that aircraft, or against liability, other than worker's compensation and employer's liability, arising out of the ownership, maintenance or use of that aircraft.
(b) The placement of nonadmitted insurance shall be subject to the statutory and regulatory requirements solely of the insured's home state.
(c) This section shall 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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