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Representations and Warranties Insurance in North Dakota

North Dakota generally allows 6 years under N.D. Cent. Code § 28-01-16(1) for actions upon a contract, obligation, or liability, subject to claim-specific exceptions and accrual rules. That statutory filing period does not set the survival date negotiated for each representation or the insurer’s reporting window; if North Dakota is the insured’s home state, the surplus-lines tax rate is 1.75%. 1,2,3

What Is Representations And Warranties?

Representations and warranties insurance can cover a buyer’s or seller’s loss from inaccurate statements in a stock or asset purchase agreement. For a business sale, check who is insured, who can recover and how known issues are treated. Read the national Representations and warranties guide.

What to Watch for in North Dakota

  • Separate The Statute From The Survival Schedule

    N.D. Cent. Code § 28-01-16(1) provides 6 years for actions upon a contract, obligation, or liability. Ask deal counsel to list a separate survival end date for each representation, then compare those dates with the insurer’s claim-reporting deadline. 1

  • Confirm When A Contract Claim Accrues

    North Dakota measures the cited contract period from accrual; N.D. Cent. Code § 28-01-16(1) covers actions upon a contract, obligation, or liability. For an R&W placement, ask counsel to identify the alleged breach date and put it beside the purchase-agreement survival date and policy notice deadline. 1

  • Show Home-State Tax In The Closing Costs

    Federal law assigns nonadmitted premium-tax authority to the insured’s home state. If North Dakota is the home state for your R&W policy, 1.75% of gross premium, assessments and policy fees, less return premium, applies under N.D.C.C. Chapter 26.1-44, Surplus Lines Insurance. Ask the broker to state the tax base and any separate stamping or filing charge in the closing funds flow. 3,2

Who Regulates Insurance in North Dakota

North Dakota Insurance Department

The North Dakota Insurance Department regulates insurers and producers, provides licensing and company searches, and investigates insurance complaints to assess compliance with state law and policy terms. 4,5,6

Surplus-lines tax and stamping office

Reported tax rate: 1.75% of gross premium, assessments and policy fees, less return premium, when North Dakota is home state When North Dakota is the insured’s home state, the 1.75% tax applies to the entire gross premium, assessments, membership and subscriber fees, and policy or service fees on multistate policies, less return premium. North Dakota permits independent procurement only under separate statutory conditions; the policyholder should confirm whether a licensed broker placement or independent procurement applies. Nonadmitted insurers generally do not participate in state guaranty funds. 7,8,9

Providers With Documented State Licenses

These providers publish a national listing for Representations and warranties; the state records document licenses for the entities and roles shown below. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in North Dakota. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

  • CorgiCorgi Insurance Services, Inc.Insurance producer · checked 2026-09-28Corgi’s company producer-license table lists 50 jurisdictions: 49 states and the District of Columbia, including DC license 3003091619. New Mexico does not appear in the table and is not included here; the omission does not establish that Corgi is unlicensed there. The company-reported table has no stated as-of date and does not establish product availability. 12

Questions to Ask Before You Buy in North Dakota

  1. Which North Dakota limitation period and accrual rule apply to each seller representation, and does the governing-law clause point to a different state?
  2. Can you put each negotiated representation survival date, the escrow release date, and the policy reporting deadline on one closing calendar?
  3. If the policy is placed on a surplus-lines basis, is North Dakota the insured’s home state, what tax base applies, and who remits the tax?
  4. Which state bulk-sale notice, tax-clearance, or successor-liability issues should the deal team evaluate for this asset or stock purchase?

Representations And Warranties in North Dakota: FAQ

How long is the written-contract limitation period in North Dakota? 1

6 years under N.D. Cent. Code § 28-01-16(1) for actions upon a contract, obligation, or liability. Accrual, claim classification, and statutory exceptions can change which period applies. 1

Does North Dakota’s contract limitation period set the R&W survival period? 1

No. N.D. Cent. Code § 28-01-16(1) sets a court-filing limit for actions upon a contract, obligation, or liability; it does not set the negotiated survival end date for a representation or the separate deadline to notify the insurer. 1

What surplus-lines tax applies to an R&W policy in North Dakota? 2,3

1.75% of gross premium, assessments and policy fees, less return premium, when North Dakota is the insured’s home state, under N.D.C.C. Chapter 26.1-44, Surplus Lines Insurance. Federal law assigns the premium-tax obligation to the home state; ask the broker to show the home-state and tax calculation on the closing statement. 2,3

Representations And Warranties in Other States

Other Coverage in North Dakota

Sources

  1. N.D. Cent. Code § 28-01-16(1). State Legislature / official state code; N.D. Cent. Code § 28-01-16(1); 6 years period applies to actions upon a contract, obligation, or liability. Accessed 2026-09-29.
  2. N.D.C.C. Chapter 26.1-44, Surplus Lines Insurance. North Dakota Legislative Branch; §26.1-44-03.1 sets 1.75% tax base, home-state rule, fee inclusion, return premiums; §§26.1-44-08 and related provisions cover placements. Accessed 2026-09-28.
  3. 15 U.S.C. § 8201: Nonadmitted insurance premium tax. U.S. House of Representatives, Office of the Law Revision Counsel; §8201(a): only the insured’s home state may require payment of premium tax for nonadmitted insurance. Accessed 2026-09-29.
  4. North Dakota Insurance Department. North Dakota Insurance Department; Official department homepage; identifies regulation of insurance and consumer/business assistance. Accessed 2026-09-28.
  5. Print License / Search for an Agent. North Dakota Insurance Department; Official licensing page directs the public to current SBS public lookup for agent status, license number, lines and appointments; linked public lookup is up to date. Accessed 2026-09-28.
  6. Complaints. North Dakota Insurance Department; Official complaint process; Department reviews compliance with insurance laws and policy coverage; directs online filings to state-specific SBS complaint form. Accessed 2026-09-28.
  7. Surplus Lines. North Dakota Insurance Department; Current official page: ND home-state rate 1.75% on total premium including assessments and policy fees for multistate coverage; explains home-state allocation and nonadmitted insurer guaranty status. Accessed 2026-09-28.
  8. N.D.C.C. Chapter 26.1-44, Surplus Lines Insurance. North Dakota Legislative Branch; §26.1-44-03.1 sets 1.75% tax base, home-state rule, fee inclusion, return premiums; §§26.1-44-08 and related provisions cover placements. Accessed 2026-09-28.
  9. Surplus Lines. North Dakota Insurance Department; Official page states nonadmitted insurers generally do not participate in state-created insurance guaranty funds. Accessed 2026-09-28.
  10. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
  11. Licenses and Carriers. Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535. Accessed 2026-09-22.
  12. Insurance Producer Licenses. Corgi Insurance; Current complete Insurance Producer Licenses table for Corgi Insurance Services, Inc.; 50 rows covering 49 states and DC (DC 3003091619); no New Mexico row; no NPN or as-of date shown. Accessed 2026-09-28.
  13. About Hiscox US Insurance. Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
  14. Licenses. ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885. Accessed 2026-09-28.
  15. Insurance Licenses by State. TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number. Accessed 2026-09-28.
  16. Licenses. Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict. Accessed 2026-09-15.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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