§ 3367. Retaliatory provisions
(a) If another state or country imposes upon or requires of a domestic insurer, association, or society, or a surety or guaranty company, or its agents doing business therein, fees, fines, penalties, deposits, obligations, or prohibitions exceeding those imposed by this State upon or required of a foreign or alien insurer, association, or society, or a surety or guaranty company doing business herein, an insurer, association, or society or a surety or guaranty company organized under the laws of such other state or country and its agents doing business in this State, shall be subject to the fees, fines, penalties, deposits, obligations, or prohibitions similar to those so imposed in such other state or country, and the same shall be imposed, required, and enforced as like fees, fines, penalties, deposits, obligations, and prohibitions are under the laws of this State; but this section shall not apply unless the fees required by such other state or country of an insurer, association, or society, or a surety or guaranty company of this State doing business in such other state or country are larger in the aggregate on the same amount of business than the fees required by this State of an insurer, association, or society, or a surety or guaranty company of such other state or country doing business in this State. When any other state prohibits all foreign and domestic insurers and associations from writing therein any line or class of insurance permitted to be written in this State, companies and associations domiciled in such other state or country shall not by reason of this section be prohibited from writing such line or class in this State. The Commissioner need not assert the provisions of this section against a foreign company with respect to its request for a certificate of authority to do business in this State if the Commissioner determines that such company would otherwise comply with the requirements for such certificate.
(b) If the Commissioner determines that an insurance department or other similar regulatory entity of any other state or territory of the United States has imposed any sanctions, fines, penalties, financial or deposit requirements, prohibitions, restrictions, regulatory requirements, or other obligations of any kind on domestic companies authorized to transact insurance in this State and licensed to transact business in such other state or territory, (1) because the insurance department of this State is not accredited or otherwise approved by the National Association of Insurance Commissioners, or by any agent or representative of the association; or (2) because the insurance department of this State has not complied with any directive, financial annual statement requirement, model act or regulation, market conduct or financial examination report or requirement, or any report or requirement of any kind imposed directly, or indirectly through the laws or regulations of another state, by the National Association of Insurance Commissioners, or by any agent or representative of the association; or (3) because a domestic insurer has refused to comply with, file, or pay any requirement, report, fee, assessment, or charge determined by the Commissioner to be unreasonable and imposed directly, or indirectly through the laws or regulations of another state, by the National Association of Insurance Commissioners, or by any agent or representative of the association, then the Commissioner shall impose similar sanctions, fines, penalties, financial or deposit requirements, prohibitions, restrictions, regulatory requirements, or other obligations of any kind on the domestic companies of such other state or territory. The Commissioner shall adopt by rule standards and procedures for imposing, calculating, apportioning, or collecting such similar sanctions, fines, penalties, financial or deposit requirements, prohibitions, restrictions, regulatory requirements, or other obligations.
(c) If any other state requires a domestic insurer licensed to transact insurance in such state to pay, directly or indirectly, a fee, assessment, or charge of any kind to the National Association of Insurance Commissioners in excess of the fees, assessments, or charges, if any, approved by the Commissioner under section 3552 of this title, such fees, assessments, or charges shall be considered excessive and shall be imposed on the domestic insurers of such other state doing business in this State. The Commissioner shall adopt by rule standards and procedures for imposing, calculating, apportioning, and collecting such excessive fees, assessments, or charges. (Added 1967, No. 344 (Adj. Sess.), § 1 (ch. 1, subch. 2, § 7); amended 1967, No. 353 (Adj. Sess.), § 7; 1995, No. 83 (Adj. Sess.), § 4.)
Structure Vermont Statutes
Title 8 - Banking and Insurance
Chapter 101 - Insurance Companies Generally
§ 3302. Plan of organization; incorporators
§ 3303. Mutual companies; directors, charter provisions as to
§ 3304. Capital and surplus requirements
§ 3306. Duties of Secretary of State, records
§ 3307. Consideration for stock
§ 3308. List of stockholders; certificate to transact business; liability of president and directors
§ 3308a. Reorganization formations
§ 3309. Mutual insurers to commence business; when
§ 3312. Construction with other laws
§ 3314. Annual financial statements; reports; filing fee
§ 3315. Coordinated regulation
§ 3316. Corporate governance; disclosure
§ 3361. Requirements for license
§ 3362. Authority to transact various kinds of insurance business
§ 3364. Authorization for investment purposes only
§ 3367. Retaliatory provisions
§ 3368. Transacting business without certificate of authority prohibited
§ 3368a. Unauthorized and misleading transactions
§ 3369. Commissioner may enjoin unauthorized insurer
§ 3370. Service of process upon unauthorized insurer by director
§ 3381. Legislative purpose and policy
§ 3382. Acts which constitute Secretary of State agent for service of process
§ 3383. Service upon the Secretary of State notice to defendant
§ 3384. Service upon other agents; notice to defendant
§ 3386. Effect on other modes of service
§ 3387. Prerequisites to defense of action
§ 3389. Motion to quash for improper service
§ 3421. Mutualization of stock insurer
§ 3422. Mutual insurers—Prohibitions
§ 3423. Converting mutual insurer or mutual insurance holding company
§ 3425. Procedure for consolidation
§ 3426. Effective date of merger or consolidation
§ 3428. Rights of dissenting shareholders
§ 3429. Rights of dissenting members or policyholders
§ 3430. Effect of merger or consolidation
§ 3431. Merger or consolidation between domestic and foreign insurers—Requirements
§ 3433. Certificates of fees and commissions paid
§ 3434. Fees—Penalty for receiving
§ 3437. Redomestication; approval as a domestic insurer
§ 3438. Redomestication; conversion to foreign insurer
§ 3439. Effects of redomestication
§ 3441. Formation of a mutual insurance holding company
§ 3443. Regulated as an insurance company
§ 3444. Demutualization of a mutual insurance holding company
§ 3445. Membership interest not a security
§ 3446. Filing of amended charters
§ 3461b. General limitations and diversification requirements for life and health insurers
§ 3461c. Rated credit investments
§ 3461d. Registration or filing exemption
§ 3462. Investments—Foreign insurers
§ 3463a. Valuation of investments
§ 3465. Exemption from investment limitations
§ 3467. Qualification of investments
§ 3468. Investments qualified under prior law
§ 3469. Loans to directors and officers—Restrictions
§ 3470. Mortgage loans to minors
§ 3471. Mortgages on real and personal property as liens; priorities
§ 3472. Earnings statements and income ratios—Special situations
§ 3501. Life insurance and annuities
§ 3502. Insurance—Other life insurance and annuities
§ 3503. Deposits of domestic insurer doing foreign business
§ 3541. Filing and approval of forms
§ 3542. Grounds for disapproval
§ 3543. Existing forms and filings
§ 3552. Fees assessed by the National Association of Insurance Commissioners
§ 3563. Examination of companies; fees
§ 3564. Examination of foreign insurers; expenses
§ 3565. Examination of officers and books
§ 3567. Liquor liability insurance records
§ 3568. Preservation of records
§ 3569. National Association of Insurance Commissioners filing requirements
§ 3572. Revocation of certificate of authority
§ 3573. Conduct of examinations
§ 3576. Immunity from liability
§ 3577. Requirements for actuarial opinions
§ 3578a. Annual financial reporting
§ 3581. Purpose; scope; intent
§ 3583. Risk management framework
§ 3587. Contents of ORSA summary report
§ 3611. Scope of subchapter; short title
§ 3613. Creation of Association
§ 3615. Powers and duties of Association
§ 3617. Powers and duties of Commissioner
§ 3619. Nonduplication of recovery
§ 3620. Prevention of insolvencies
§ 3621. Examination of Association
§ 3623. Recognition of assessments in rates
§ 3625. Stay of proceedings; reopening of default judgment
§ 3626. Prohibition against advertising of membership in Association
§ 3634a. Credit for reinsurance
§ 3635. Insolvency of ceding company
§ 3641. Claims, rights, title, and interests of nonresidents
§ 3642. Liability for payments to nonresidents
§ 3661. Cease and desist powers; prosecutions and penalties
§ 3662. Nonpayment of judgment; penalty
§ 3663. Minimum limitation on actions; void policy provisions
§ 3664. Forms; filing proof of loss and other documents, waiver of filing
§ 3665a. Timely payment of property and casualty insurance claims; interest
§ 3665b. Timely payment of life insurance claims and annuity death benefits; interest
§ 3666. Rules; methods of notice
§ 3671. Disclosure of information
§ 3673. Penalty for noncompliance
§ 3682. Subsidiaries of insurers
§ 3683. Acquisition of control of or merger with domestic insurer
§ 3683a. Acquisitions involving insurers not otherwise covered
§ 3684. Registration of insurers
§ 3685. Standards and management of an insurer within an insurance holding company system
§ 3687. Confidential treatment
§ 3689. Injunctions; prohibitions against voting securities; sequestration of voting securities
§ 3692. Revocation, suspension, or nonrenewal of insurer’s license
§ 3696. Groupwide supervisor; internationally active insurance group