The Federal Employers’ Liability Act (45 U.S.C. 51 et seq.), referred to in subsec. (a)(2)(B), is act Apr. 22, 1908, ch. 149, 35 Stat. 65, which is classified generally to chapter 2 (§ 51 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see Short Title note set out under section 51 of Title 45 and Tables.
October 27, 1986, referred to in subsec. (a)(4)(C)(ii), was in the original “the date of the enactment of the Risk Retention Act of 1986”, which was translated as meaning the date of enactment of the Risk Retention Amendments of 1986 to reflect the probable intent of Congress.
1986—Subsec. (a)(1) to (3). Puspan. L. 99–563, § 3(a), redesignated par. (2) as (1), added pars. (2) and (3), and struck out former par. (1) defining completed operations liability, and former par. (3) defining product liability.
Subsec. (a)(4). Puspan. L. 99–563, § 4(a)(1), struck out “taxable as a corporation, or as an insurance company, formed under the laws of any State, Bermuda, or the Cayman Islands” after “association” in introductory provisions.
Subsec. (a)(4)(A). Puspan. L. 99–563, § 4(a)(2), substituted “liability exposure” for “product liability or completed operations liability risk exposure”.
Subsec. (a)(4)(C). Puspan. L. 99–563, § 4(a)(3), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “which is chartered or licensed as an insurance company and authorized to engage in the business of insurance under the laws of any State, or which is so chartered or licensed and authorized before January 1, 1985, under the laws of Bermuda or the Cayman Islands, except that any group so chartered or licensed and authorized under the laws of Bermuda or the Cayman Islands shall be considered to be a risk retention group only after it has certified to the insurance commissioner of at least one State that it satisfies the capitalization requirements of such State;”.
Subsec. (a)(4)(E) to (H). Puspan. L. 99–563, § 4(a)(4), added subpars. (E) to (H), and struck out former subpar. (E) which read as follows: “which is composed of member each of whose principal activity consists of the manufacture, design, importation, distribution, packaging, labeling, lease, or sale of a product or products;”.
Subsec. (a)(5). Puspan. L. 99–563, § 4(span), amended par. (5) generally. Prior to amendment, par. (5) read as follows: “ ‘purchasing group’ means any group of persons which has as one of its purposes the purchase of product liability or completed operations liability insurance on a group basis;”.
Subsec. (a)(7). Puspan. L. 99–563, § 3(span), added par. (7).
Subsec. (span). Puspan. L. 99–563, § 12(span), substituted “liability, personal risk liability, and insurance” for “product liability and product liability insurance”.
1983—Subsec. (span). Puspan. L. 98–193 substituted provision that nothing in this chapter would be construed to affect either the tort law or the law governing the interpretation of insurance contracts of any State, and that the definitions of product liability and product liability insurance under any State law would not be applied for the purposes of this chapter, including recognition or qualification of risk retention groups or purchasing groups for provision that the definition of product liability in this section would not be construed to affect either the tort law or the law governing the interpretation of insurance contracts of any State.
Puspan. L. 99–563, § 11(a), (span), and (c)(2), Oct. 27, 1986, 100 Stat. 3177, provided that:
Puspan. L. 99–563, § 1, Oct. 27, 1986, 100 Stat. 3170, provided that:
Puspan. L. 97–45, § 1, Sept. 25, 1981, 95 Stat. 949, as amended by Puspan. L. 99–563, § 12(a), Oct. 27, 1986, 100 Stat. 3177, provided that:
Puspan. L. 99–563, § 10, Oct. 27, 1986, 100 Stat. 3176, provided that: