List of State Residual Insurance Market Entities
and State Workers’ Compensation Funds
On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act
of 2002 (Public Law 107-297, 116 Stat. 2322). Section 102(6)(A)(iv) of the Act provides
that insurers required to participate in the Program include State residual market
insurance entities or State workers’ compensation funds. These entities are generally
referred to as “residual market mechanisms.”
Treasury published a final rule in the Federal Register at 68 FR 59715 (October 17, 2003)
that addressed issues associated with the participation of residual market mechanisms
under the Program. In particular, Section 50.30(c) of the final rule provides that Treasury
will release and maintain a list of state residual market mechanisms that are mandatory
participants in the Program. As Treasury indicated in its discussion of the final rule, we
will maintain and continue to update the list from time to time.
It should be noted that the list that follows is intended to provide guidance and certainty
to those entities that are required to participate in the Program. The list was developed in
consultation with the National Association of Insurance Commissioners, and it reflects
Treasury’s efforts to identify residual market mechanisms that are required to participate
in the Program. However, the list is not exclusive, and a residual market mechanism that
meets the requirements for Program participation should not assume that because it has
been excluded from the list that it is excluded from Program participation. If a residual
market mechanism has questions regarding their inclusion or exclusion from this list, or
their overall participation in the Program, they should contact the Terrorism Risk
Insurance Program, Suite 2100, Department of the Treasury, 1425 New York .Ave., NW.,
Washington, DC 20220 (202-622-6770).