42 U.S.C. § 9671

Definitions

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As used in this subchapter—(1) Insurance

The term “insurance” means primary insurance, excess insurance, reinsurance, surplus lines insurance, and any other arrangement for shifting and distributing risk which is determined to be insurance under applicable State or Federal law.

(2) Pollution liability

The term “pollution liability” means liability for injuries arising from the release of hazardous substances or pollutants or contaminants.

(3) Risk retention groupThe term “risk retention group” means any corporation or other limited liability association taxable as a corporation, or as an insurance company, formed under the laws of any State—(A) whose primary activity consists of assuming and spreading all, or any portion, of the pollution liability of its group members;(B) which is organized for the primary purpose of conducting the activity described under subparagraph (A);(C) which is chartered or licensed as an insurance company and authorized to engage in the business of insurance under the laws of any State; and(D) which does not exclude any person from membership in the group solely to provide for members of such a group a competitive advantage over such a person.(4) Purchasing group

The term “purchasing group” means any group of persons which has as one of its purposes the purchase of pollution liability insurance on a group basis.

(5) State

The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Marianas, and any other territory or possession over which the United States has jurisdiction.

(Pub. L. 96–510, title IV, § 401, as added Pub. L. 99–499, title II, § 210(a), formerly § 210, Oct. 17, 1986, 100 Stat. 1716; renumbered § 210(a), Pub. L. 99–563, § 11(c)(1), Oct. 27, 1986, 100 Stat. 3177.)Statutory Notes and Related SubsidiariesState Powers and Authorities Under Risk Retention Amendments of 1986

Pub. L. 99–499, title II, § 210(b), as added by Pub. L. 99–563, § 11(c)(1), Oct. 27, 1986, 100 Stat. 3177, provided that: “For purposes of subsection (a) of this section [enacting this subchapter], the powers and authorities of States addressed by the Risk Retention Amendments of 1986 [Pub. L. 99–563, see Short Title of 1986 Amendment note set out under section 3901 of Title 15, Commerce and Trade] are in addition to those of this Act [see Short Title of 1986 Amendment note set out under section 9601 of this title].”

Notes of Decisions

Cited in 2 cases, 1990–2013 · leading case: Chubb Custom Ins. Co. v. Space Sys./ Loral, Inc., 710 F.3d 946 (9th Cir. 2013).

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Chubb Custom Ins. Co. v. Space Sys./ Loral, Inc., 710 F.3d 946 (9th Cir. 2013). · cites it 2× “Here, Chubb assumed the risk that it would have to pay on the Policy and received premium payments (totaling nearly $200,000) to compensate it for assuming that risk.”

Hudson Ins. v. Am. Elec. Corp., 748 F. Supp. 837 (M.D. Fla. 1990). “Similarly, sub-chapter IV of CERCLA employs, of necessity, a federal law definition of pollution insurance in the course of defining the statute's reach, see 42 U.S.C. § 9671 (2), while clarifying the limited purpose of the definition, id.”

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