ND LEG Property Surplus Lines Policies

Updated on: May 7, 2025

Latest Event


  • May 2025 ND LEG Governor Approval
  • On May 1, 2025, ND LEG governor signed SB 2374, becomes effective Aug. 1, 2025.

On Apr. 29, ND LEG passed bill re unauthorized transactions, tax fees.

  • ND LEG passed Bill SB 2374 to address arbitration agreements, commercial risks, tax fees, exceptions to unauthorized insurance transactions, and surplus lines licensing.
  • Amends insurance provisions under the North Dakota century code ND INS 26.1.
  • Bill Provisions
  • Bill prohibits an insurance company from transacting insurance business in the State North Dakota without first having a certificate of authority from the commissioner.
  • Exceptions for transactions involving INS contracts covering large commercial risk provided industrial insured not relieved from taxation on independently procured INS.
  • Incorporates federal crop insurance as an exception to prohibition related to rebates.
  • Includes the circumstances for property insurance policy issued or delivered with mandatory binding arbitration provisions as well as written acceptance for the insured.
  • Does not apply to voluntary arbitration agreement entered after dispute has arisen.
  • Does not apply to large commercial risk, or commercial surplus line insurance policies.
  • A property insurance policy may be issued or delivered with a managed repair program provision offering premium incentives for managed repair program participation.
  • Insurer offering the repair program required to offer disclosures re premiums, vendors.
  • Reopened claim that provides property insurance, including by surplus lines insurer, for loss or damage barred unless claim notice given to insurer within 1 year after loss date
  • Administrative fee charged under subsection 2, is not considered a premium and not subject to premium tax, fee may be charged for certain reimbursements and disclosed
  • Legislative History
  • On Jan. 27, 2025, bill introduced in Senate; on Feb. 19, 2025, bill passed in Senate.
  • On Feb. 21, 2025, bill introduced in House; on Apr. 8, 2025, bill was passed in House.
  • On Apr. 21, 2025, bill concurred in Senate; on Apr. 24, 2024, bill concurred in House.
  • On Apr. 29, 2025, bill was delivered to the governor, and is pending governor action.
  • Effectiveness
  • Bills without specified effective dates are effective on Aug. 1, so effective Aug. 1, 2025
  • May 2025 ND LEG Governor Approval
  • On May 1, 2025, ND LEG governor signed SB 2374, becomes effective Aug. 1, 2025.
Regulators
ND LEG
Entity Types
Ins
Reference
Act, 5/1/2025; Bill SB2374, 4/29/2025; Citation: ND INS 26.1;
Functions
Compliance; Legal; Operations; Product Administration; Registration/Licensing; Risk; Tax
Countries
United States of America
Category
State
N/A
Products
Commercial; Home Insurance; Insurance; Insurance-Property; Surplus Lines
Rule Type
Final
Regions
Am
Rule Date
Apr 29, 2025
Effective Date
Aug 1, 2025
Rule ID
252373
Linked to
N/A
Reg. Last Update
May 1, 2025
Report Section
US Insurance