North Dakota Code § 26.1-02-05

Unauthorized insurance prohibited - Exceptions
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An insurance company may not transact insurance business in this state, as set forth in 
section 26.1-02-06, without a certificate of authority from the commissioner. This section does 
not apply to:
1. The lawful transaction of surplus lines insurance.
2. The lawful transaction of reinsurance by insurers.
3. Transactions involving a policy lawfully solicited, written, and delivered outside of this 
state covering only subjects of insurance not resident, located, or expressly to be 
performed in this state at the time of issuance, and which transactions are subsequent 
to the issuance of such policy.
4. Transactions involving life insurance, health insurance, or annuities provided to 
educational or religious or charitable institutions organized and operated without profit 
to any private shareholder or individual, for the benefit of the institutions and 
individuals engaged in the service of the institutions.
5. Attorneys acting in the ordinary relation of attorney and client in the adjustment of 
claims or losses.
6. Transactions involving group life, accident, and health, or blanket accident and health 
insurance, or group annuities if the master policy of the group was lawfully issued and 
delivered in and pursuant to the laws of a state in which the insurance company was 
authorized to do an insurance business, to a group organized for purposes other than 
the procurement of insurance, and where the policyholder is domiciled or otherwise 
has a bona fide situs.
7. Transactions involving any insurance policy or annuity contract issued before July 1, 
1973.
8. Transactions relative to a policy issued or to be issued outside this state involving 
insurance on vessels, craft or hulls, cargoes, marine builder's risk, marine protection 
and indemnity or other risk, including strikes and war risks commonly insured under 
ocean or wet marine forms of policy.
9. Transactions involving insurance contracts issued to one or more industrial insureds; 
provided, that this does not relieve an industrial insured from taxation imposed upon 
independently procured insurance. An industrial insured is an insured:
a. Which procures the insurance of any risk or risks other than life and annuity 
contracts by use of the services of a full -time employee acting as an insurance 
manager or buyer or the services of a regularly and continuously retained 
qualified insurance consultant;
b. Whose aggregate annual premiums for insurance on all risks total at least 
twenty-five thousand dollars; and
c. Which has at least twenty-five full-time employees.
10. Transactions involving insurance contracts covering a large commercial risk as defined 
in section 26.1 -25-02.1, provided an industrial insured is not relieved from taxation 
imposed upon independently procured insurance.

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