The date following each state indicates the last time information for the state was reviewed/ changed.
Last Updated: 07/22/2024
Updates to the information will be noted with a “ * ” next to the state name and edits will be italicized and bolded.
| STATE | CITATION | SEASONING REQUIREMENTS | CONDITION FOR WAIVER |
|---|---|---|---|
| AL (5/04) |
§ 27-3-4 |
5 years | Licensed wholly owned subsidiaries or merged companies are excluded from seasoning requirements, as well as companies that meet AL capital and surplus requirements and special surplus requirements outlined in § 27-3-8. |
| AK (5/04) |
§ 21.09.270 |
Retaliatory | No |
| AZ (5/04) |
§ 20-230 |
Retaliatory | No |
| AR (5/07) |
Ark. Code Ann. § 23-63-202 |
Evidence that it has been organized and actively engaged in the insurance business in the state of its incorporation for a period of three (3) years prior to the date of its application to be admitted and authorized to do business in the State of Arkansas. |
The wholly owned subsidiary of an insurance company admitted and authorized to do business in the State of Arkansas. The continuing corporation resulting from a merger or consolidation of insurance companies, at least one (1) of which has been organized and actively engaged in the insurance business in the state of its organization for at least three (3) years prior to the date of the application. |
|
CA |
Ins. § 716 | 3 years | If 51% or more of voting stock are owned by a reputable insurer or noninsurer admitted to California for at least 3 years; or a successor of a merger are excluded from seasoning requirements. |
|
CO |
Reg. 2-1-7 | 3 years | Please see Colorado Regulation 2-1-7, Section 4. |
|
CT |
Reg. § 38a-41-3; Department Policy | 2 years | Business experience requirement may be waived for the survivor corporation in the case of a merger or consolidation. |
|
DE |
Domestic/Foreign Insurers Bulletin No. 3 | 3 years | Commissioner may waive (1) if it is in the best interests of the citizens of the State and it can be proven that their interests are fully protected, or (2) if company is a subsidiary or affiliate company with substantially the same management of an admitted company, or (3) continuing corporation resulting from merger or consolidation. |
|
DC |
Reg. 26 § 1001 | 2 years (life) | $3 million capital and surplus; or company owned or controlled by a company licensed in DC for at least 3 years prior to application; or $300,000 escrow for protection of policyholders. |
|
*FL |
§ 624.404 | 3 years | Has operated successfully and has capital and surplus of $5 million; is the wholly owned subsidiary of an insurer which is an authorized insurer in this state; is the successor in interest through merger or consolidation of an authorized insurer; provides a product or service not readily available to the consumers of this state; or possesses sufficient capital and surplus to support its Plan of Operation as filed with the Office. |
|
GA |
§§ 33-3-2; 33-3-26 | Retaliatory | The Commissioner may waive any retaliatory obligations, prohibitions, or restrictions that would prohibit entry into this state of any insurer domiciled in another state if the entry of such insurer would be expected to enhance competition in this state and would be in the best interests of the citizens of this state. |
|
HI |
§ 431:3-203 to |
5 years | If an insurer is licensed under the laws of one of the 3 states accredited by the NAIC that are annually designated by the insurance commissioner. |
|
ID |
§ 41-308 | 5 years | Director shall take prior 5 years’ experience “into consideration”, including the net profit or loss experienced over the previous 5 years. |
|
IL |
215 ILCS 5/113 | Contact the Department’s Corporate Regulation Section regarding Expansion Applications. | Applicant company is a subsidiary of, or is affiliated with, an insurer that is currently authorized by the Department of Insurance and has been authorized and writing in Illinois for three years) and is in good standing. |
|
IN |
§ 27-1-20-12 | Retaliatory | No |
|
IA |
§ 191 IAC 5.2 |
3 years |
Wholly owned subsidiaries of currently licensed insurance companies. |
|
KS |
§ 40-209(a)(6) | In operation for at least 3 years and has been subject to a financial examination other than its organizational examination. | The seasoning requirement does not apply to subsidiary or affiliate companies with substantially the same management of an admitted company, a continuing corporation resulting from merger or consolidation or a company whose admission is determined by the Commissioner to be in the best public interest. If applicable, this situation should be submitted to the Kansas Insurance Commissioner for prior approval. |
|
KY |
§ 304.3-090 | 3 years | Wholly owned subsidiaries or merged companies or companies that provide a product or service not readily available to the consumer are excluded from seasoning requirements. |
|
LA |
None | No statutory requirements. | N/A |
|
ME |
Reg. 231(3)(E) | Licensed for 3 years and writing requested lines of business in sufficient volume to demonstrate expertise. |
Potential waivers are explicitly provided in Reg. 231(3)(E)(2) through (4). |
|
MD |
COMAR §§ 31.04.05 | 2 years | Commissioner may waive requirements, if the Commissioner considers it in the public interest. |
|
MA |
§ 175:153 | 3 years |
The goal of the Division regarding “seasoning” is to protect the insurance buying residents of the Commonwealth. While there is a specific seasoning requirement for Life companies (MGL Chapter 175 §153) there are several references to seasoning that range from 1 year to 10 years for Property and Casualty As such, we have the following rules that we use when addressing this issue: |
|
MI |
§ 500.476a | Retaliatory | No |
|
MN |
Department Policy |
1) Writing direct business in state of domicile. |
Commissioner may consider waiver if: |
|
MS |
§ 83-21-3 | 2 years |
The Commissioner of Insurance may waive this requirement upon a written request by the applicant and a finding that the applicant meets the following criteria: |
|
MO |
§ 375.821 | Currently licensed for lines in domiciliary state and writing those lines for at least one year. | No |
|
MT |
§ 33-2-709 | Retaliatory |
No |
|
NE |
§ 44-150 | Retaliatory |
No |
|
NV |
§ 680A.330 | Retaliatory |
Per Commissioners discretion. |
|
NH |
§ 400-A:35 | 5 years |
Commissioner may waive at the request of the insurer. The commissioner will consider:
|
|
NJ |
Reg. N.J.A.C. 11:1-10.4 (P&C) Reg. N.J.A.C. 11:2-1.4 (L&H) |
3 years (P&C) 5 years (L&H) |
P&C: Commissioner may waive at the request of the insurer. The Commissioner will consider: 1. Whether the applicant is a wholly owned subsidiary; L&H: See Regulation |
| NM | § 59A-5-33 | Retaliatory | No |
|
NY |
New York Ins. Law § 4119 | 3 years |
Superintendent may waive the requirement. |
|
NC |
§ 58-16-5(2) | None |
No |
|
ND |
§ 26.1-11-06 | Retaliatory |
Per Commissioners discretion. |
|
OH |
ORC 3901.86A | None |
No |
|
OK |
O.S. 36 § 628 | Retaliatory & must have filed at least one financial statement. | No |
|
OR |
§ 731.854 | Retaliatory | No |
|
PA |
40 P.S. § 421 | 1 year | May waiver if company or association is affiliated with an insurer already authorized to do business in Pennsylvania. |
|
PR |
L.P.R.A. § 304
L.P.R.A. § 318 |
5 years |
‘’In the case of a foreign insurer, be organized and continuously active for a term not less than five years immediately preceding the date of the application; Provided, That compliance with such requirement shall not be binding to subsidiaries wholly owned by authorized insured operating in Puerto Rico during the five years prior to the date on which the subsidiary applied for admission.’’ ‘’If upon application by an insurer the Commissioner finds that the insurer has met the requirements for and is entitled thereto under this title, he shall issue to the insurer a proper certificate of authority showing the kind or kinds of insurance the insurer is authorized to transact in Puerto Rico. If the Commissioner finds otherwise, he shall deny the authority within a reasonable period following completion by the insurer of the application therefore.’’ |
|
RI |
§ 27-2-17 | Retaliatory | No |
|
SC |
Department Policy |
Applicant has continuously and actively transacted an insurance business for at least three years immediately prior to making application. |
Director may waive if applicant 1) will write a line or lines of insurance not readily available to the citizens of South Carolina, and it can be clearly demonstrated that their interests are fully protected; 2) is a wholly-owned subsidiary or affiliate of an insurer which has been licensed and operating profitably in South Carolina for at least three years; or 3) is a continuing corporation resulting from merger or consolidation of insurance companies, at least one of which has been organized and actively engaged in insurance business in the state of its organization for at least three years prior to date of application for admittance. |
|
SD |
§ 58-6-13 | 2 years | Wholly owned subsidiaries or which is a successor in interest through merger or consolidation of a company that is authorized insurer in South Dakota are excluded from seasoning requirements. Director may waive provisions if a special need or circumstance can be demonstrated. |
|
TN |
§ 56-2-113 | 3 years | Wholly owned subsidiaries or merged companies are excluded from seasoning requirements. Commissioner has the authority to waive seasoning requirements if “it is in the public interest”. |
|
TX |
I.C. art. 21.46 |
Retaliatory | No |
|
UT |
§ 31A-14-209 | 3 years | May waive if commissioner finds other grounds for being confident the company will be solid. |
|
VT |
Bulletin 43 (Revised) | 5 years |
Commissioner has authority to waive criteria if the applicant’s parent or affiliate is profitability writing the coverage(s) proposed by the applicant and a valid reason can be demonstrated. |
|
VI |
tit. 22 § 466 | 5 years |
May waive if possesses sufficient capital or surplus funds. |
|
VA |
VA Administrative Letter 2002-7 |
3 years | Expansion applicants are subject to a performance standard, defined generally as profitable operations as a direct writer for each of the three immediately preceding three years. For applicants that do not strictly comply with this standard, the Bureau, at its discretion, may give due consideration to such mitigating factors as the severity, cause(s), and timing of statutory losses, surplus strength of the applicant, financial strength of a parent insurer licensed in Virginia, other affiliates licensed in Virginia and under common control with the applicant, etc. |
|
WA |
§ 48.05.105 | 3 years | The applicant’s parent company has held a certificate of authority in this state for at least 3 years. May also waive if the applicant that has paid-in and unassigned surplus of twenty-five million dollars or more upon application, and has made a deposit with the Commissioner in the amount of one million dollars for the sole benefit of the applicant’s Washington policyholders. |
|
WV |
§ 33-3-16 | Retaliatory | No |
|
WI |
§ 618.21 Reg. § INS 6.01 |
5 years
2 years |
If seeking license during first 5 years, must have initial expendable surplus that the commissioner considers “adequate.” No application of a foreign company will be considered until it has been in business at least 2 years. |
|
WY |
§ 26-3-105 | 2 years | Wholly owned subsidiaries or merged companies or companies that offer products or services not readily available to the consumer are excluded from seasoning requirements. |