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HR 5225 99th Congress House Commerce Bermuda British West Indies Business and commerce Business insurance Cayman Islands Civil actions and liability Consumer protection Courts and Civil Procedure Crime prevention Federal preemption Foreign Trade and Investments Fraud Government liability Group insurance Injunctions Insurance Liability insurance Local and Municipal Government No-fault automobile insurance

Risk Retention Amendments of 1986

Introduced: July 23, 1986 Introduced by: Wyden, Ron Democratic · Oregon See on congress.gov
 Everywhere this bill has been 14 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Sep 23, 1986
House Incorporated this Measure in S.2129 as an Amendment.
Sep 23, 1986
Laid on Table in House by Voice Vote.
Sep 23, 1986
Passed House (Amended) by Voice Vote.
Sep 23, 1986
Passed/agreed to in House: Passed House (Amended) by Voice Vote.
Sep 23, 1986
Called up by House Under Suspension of Rules.
Sep 23, 1986
Placed on Union Calendar No: 526.
Sep 23, 1986
Reported to House (Amended) by House Committee on Energy and Commerce. Report No: 99-865.
Sep 18, 1986
Committee Consideration and Mark-up Session Held.
Sep 18, 1986
Ordered to be Reported (Amended).
Sep 18, 1986
Forwarded by Subcommittee to Full Committee (Amended).
Sep 18, 1986
Subcommittee Consideration and Mark-up Session Held.
Jul 31, 1986
Referred to Subcommittee on Commerce, Transportation and Tourism.
Jul 23, 1986
Introduced in House
Jul 23, 1986
Referred to House Committee on Energy and Commerce.
 Plain-English summary Congressional Research Service

Liability Risk Retention Act of 1986 - Amends the Product Liability Risk Retention Act of 1981 to revise its applicability to "liability."

Defines "liability" as legal liability for damages because of injuries to other persons, damage to property, or other damage or loss resulting from: (1) any business, trade, product, services (including professional services), premises, or operations; or (2) any activity of any State or local government. Excludes from such definition personal risk liability and employer's liability.

Excludes from the coverage of such Act product liability risk retention groups formed on or after January 1, 1985, under the laws of Bermuda or the Cayman Islands. Deems any such groups formed before January 1, 1985, to be risk retention groups only for the purpose of continuing to provide product liability or completed operations liability.

Requires that members of a purchasing group have businesses or activities which are similar or related with respect to the risk to which members are exposed by virtue of any related, similar, or common business, trade, product, services, premises, or operations.

Authorizes any State in which a risk retention group does business to require such groups to submit to the State insurance commissioner an annual financial statement certified by an independent public accountant.

Permits any State to require a group to: (1) comply with a lawful order issued in a voluntary dissolution proceeding; (2) make reinsurance available only to organizations whose businesses are similar or related with respect to the nature of their exposure to the risk of liability; (3) comply with any court injunction issued in accordance with administrative due process upon a State insurance commission's petition alleging that the group is in a hazardous financial condition or is financially impaired; (4) submit to the State insurance commission a plan of operation or feasibility study including specified information; and (5) provide a specified cautionary notice in any insurance policy it issues.

Declares that nothing in such Act shall be construed to affect the authority of any court to enjoin: (1) the solicitation or sale of insurance by a risk retention group to persons ineligible to belong to such group; (2) false, deceptive, or fraudulent acts or practices in the solicitation or sale of such insurance; (3) the solicitation or sale of insurance by, or operation of, a risk retention group that is in a hazardous financial condition; or (4) the solicitation or sale of insurance by, or operation of, a risk retention group that has been found, or any of whose officers, organizers, or directors have been found, to have engaged in knowing and willful false, deceptive, or fraudulent conduct within the previous five years, and under circumstances that present a reasonable likelihood that such conduct will recur. Subjects risk retention groups to State no-fault automobile insurance requirements. Limits the authority to provide or purchase insurance under such Act to liability insurance.

States that the terms of any insurance policy provided or purchased under such Act shall not be construed to include coverage for punitive damages, or intentional fraudulent or criminal conduct, if any such coverage is prohibited by State law or declared unlawful by State supreme court decisions.

Sets forth general enforcement powers of any State insurance commissioner with respect to prohibited conduct by risk retention groups or purchasing groups.

What's happening now September 23, 1986

House Incorporated this Measure in S.2129 as an Amendment.

 Committees of jurisdiction 2