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What is the Liability
Risk Retention Act? The Liability Risk Retention Act
(LRRA) is a federal law that was passed by Congress in 1986 to help What is a risk
retention group? A risk retention group (RRG) is a
liability insurance company that is owned by its members. Under the Liability Risk Retention Act
(LRRA), RRGs must be domiciled in a state. Once licensed by its state of domicile, an
RRG can insure members in all states.
Because the LRRA is a federal law, it preempts state regulation,
making it much easier for RRGs to operate
nationally. As insurance companies, RRGs retain risk. How does the Risk
Retention Act work? In passing the Liability Risk Retention
act, Congress provided insurance buyers with a marketplace solution to the
“liability crises”, enabling them to have greater control of their liability
insurance programs. To achieve this
goal, Congress created two entities – risk retention groups (RRGs) and purchasing groups (PGs). Who forms risk
retention groups and purchasing groups? Risk Retention Groups (RRGs) are often formed by trade and professional
associations, which serve as the sponsor for the RRG liability insurance
program. Purchasing groups (PGs) are
most often formed by insurance professionals, including agents, brokers and
insurers, based upon an identified need of commercial insurance buyers. Who regulates risk
retention groups and purchasing groups? Although the Liability Risk Retention
act is a federal law, it has no enforcement mechanism of its own, and relies
wholly on state insurance departments for its implementation. For risk retention groups (RRGs), the state in which the RRG is domiciled has
primary regulatory authority over the entity.
For Risk Retention Purchasing Groups the state where the RPG is
domiciled regulates the RPG while the Insurance Company providing insurance
to the RPG is regulated under state regulation with certain limitations
applicable to the Federal Act relating to coverage, rates, and policy form,
which is otherwise exempt from state regulation. |
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F. Darrell Lindsey |
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