2005 Minnesota Statutes

     297I.01 Definitions. 

    Subdivision 1.    Terms.  Unless the language or context 
 clearly indicates that a different meaning is intended, for the 
 purposes of this chapter, the following terms have the meanings 
 given them. 

    Subd. 2.    Association or associations.  "Association" 
 or "associations" has the meaning given in section 60A.02, 
 subdivision 1a. 

    Subd. 3.    Commissioner.  "Commissioner" means the 
 commissioner of revenue of the state of Minnesota. 

    Subd. 4.    Community integrated service network.  
 "Community integrated service network" has the meaning given in 
 section 62N.02, subdivision 4a. 

    Subd. 5.    Company or insurance company.  "Company" or 
 "insurance company" has the meaning given in section 60A.02, 
 subdivision 4. 

    Subd. 6.    Department of Revenue.  "Department of 
 Revenue" means the Minnesota Department of Revenue or 
 commissioner of revenue. 

    Subd. 6a.    Direct business.  (a) "Direct business" 
 means all insurance provided by an insurance company or its 
 agents, and specifically includes stop-loss insurance purchased 
 in connection with a self-insurance plan for employee health 
 benefits or for other purposes, but excludes: 

    (1) reinsurance in which an insurance company assumes the 
 liability of another insurance company; and 

    (2) self-insurance. 

    (b) For purposes of this subdivision, an insurance company 
 includes a nonprofit health service corporation, health 
 maintenance organization, and community integrated service 
 network. 

    Subd. 7.    Domestic.  "Domestic" has the meaning given 
 in section 60A.02, subdivision 5. 

    Subd. 8.    Foreign.  "Foreign" has the meaning given in 
 section 60A.02, subdivision 6. 

    Subd. 9.    Gross premiums.  "Gross premiums" means 
 total premiums paid by policyholders and applicants of policies, 
 whether received in the form of money or other valuable 
 consideration, on property, persons, lives, interests and other 
 risks located, resident, or to be performed in this state, but 
 excluding consideration and premiums for reinsurance assumed 
 from other insurance companies.  The term "gross premiums" 
 includes the total consideration paid to bail bond agents for 
 bail bonds.  For title insurance companies, "gross premiums" 
 means the charge for title insurance made by a title insurance 
 company or its agents according to the company's rate filing 
 approved by the commissioner of commerce without a deduction for 
 commissions paid to or retained by the agent.  Gross premiums of 
 a title insurance company does not include any other charge or 
 fee for abstracting, searching, or examining the title, or 
 escrow, closing, or other related services.  The term "gross 
 premiums" includes any workers' compensation special 
 compensation fund premium surcharge pursuant to section 176.129. 

    Subd. 10.    Health maintenance organization.  "Health 
 maintenance organization" has the meaning given in section 
 62D.02, subdivision 4. 

    Subd. 11.    Nonprofit health service plan corporation.  
 "Nonprofit health service plan corporation" has the meaning 
 given in section 62C.02, subdivision 6. 

    Subd. 12.    Insurance.  "Insurance" means the same as 
 that term is defined in section 60A.02, subdivision 3. 

    Subd. 13.    Insurance agent or insurance agency.  
 "Insurance agent" or "insurance agency" has the meaning given in 
 section 60A.02, subdivision 7. 

    Subd. 13a.    Reinsurance.  "Reinsurance" is insurance 
 whereby an insurance company, for a consideration, agrees to 
 indemnify another insurance company as defined under section 
 297I.01, subdivisions 5 and 6a, paragraph (b), to the extent 
 taxable under section 297I.05, against all or part of the loss 
 which the latter may sustain under the policy or policies which 
 it has issued. 

    Subd. 14.    Return premiums.  "Return premiums" means 
 any dividend or any unused or unabsorbed portion of premium 
 deposit or assessment that is applied toward the payment of any 
 premium, premium deposit, or assessment due from the 
 policyholder or member upon a continuance or renewal of the 
 insurance on account of which the dividend was earned or premium 
 deposit or assessment paid.  Return premiums also includes any 
 portion of premium returned by the company upon cancellation or 
 termination of a policy or membership, except surrender values 
 paid upon the cancellation and surrender of policies or 
 certificates of life insurance. 

    Subd. 15.    State.  "State" has the meaning given in 
 section 60A.02, subdivision 18. 

    Subd. 16.    Taxpayer.  "Taxpayer" means any insurance 
 company, association, surplus lines licensee, automobile risk 
 self-insurer, or insured or any other person or entity required 
 to pay any amount due under this chapter. 

    HIST: 2000 c 394 art 1 s 1; 2003 c 127 art 7 s 12; 2005 c 151 
 art 8 s 16; 1Sp2005 c 3 art 6 s 16,17