Hearing on state regulation of nonadmitted insurers and surplus lines brokers

Hearing on state regulation of nonadmitted insurers and surplus lines brokers by California. Legislature. Senate. Committee on Insurance, Claims, and Corporations. Subcommittee on Nonadmitted Insurance. Download PDF EPUB FB2

Excess and Surplus Lines Laws in the United States Including Direct Procurement Tax Laws and Industrial Insured Exemptions John P. Dearie, Jr., Editor Excess and Surplus Lines Laws in the United States is a publication of LOCKE LORD LLP and should not be construed as legal advice or legal opinion on any specific facts or circumstances.

CONCERNING SURPLUS LINES INSURANCE ISSUED BY NONADMITTED INSURERS - The purpose of this regulation is to establish standards regarding the placement of insurance by licensed surplus lines brokers or by independent procurement, and to establish standards for the qualification of insurers pursuant to the Colorado Nonadmitted Insurance Act, §et seq., C.R.S., and the “Nonadmitted.

surplus lines placement list On November 6,in accordance with 3 AACthe Division of Insurance hearing officer on behalf of the director held a hearing pursuant to Alaska Statute (AS) to receive testimony concerning the kinds of insurance for which insureds generally are unable to secure coverage from admitted insurers.

complying with the excess line law. Insurance Law § and Insurance Regulation 41 (11 NYCRR 27) at § authorizes excess line brokers to place certain “kinds” of insurance as defined in Insurance Law § The “kinds” of insurance not listed in § cannot be placed by excess line Size: KB.

governing surplus line brokers and nonadmitted insurers to make them consistent with the -Frank Wall Street Reform and Consumer Protection Act ofincluding, but not limited to, the duties, responsibilities, and licensure of surplus line brokers, and the eligibility of nonadmitted insurers to do business in this state.

In passing the NRRA, Congress sought to achieve a simpler and more efficient system of regulation and taxation of the surplus lines industry by establishing the insured’s “home state” as the one and only jurisdiction to regulate and tax surplus lines transactions.

As a result, there may be nonadmitted insurers that are not on LASLI but pursuant to the NRRA and CIC Sectionare nonetheless eligible for use by surplus line brokers, as long as the broker has determined at the time of placement that the insurer meets specific eligibility criteria.

Surplus lines brokers and producers must be licensed to sell surplus lines insurance. Moreover, state insurance departments may suspend, revoke, or non-renew the license of a surplus lines broker or producer for various reasons, such as: Failure to file required reports.

Failure to collect or remit required tax on surplus lines premiums. The enactment of the long-awaited Nonadmitted and Reinsurance Reform Act will bring about the APCIA-supported streamlining of the compliance aspects of the surplus lines insurance market and the resolution of conflicting state laws governing the placement, tax payment and allocation of premium for multistate surplus lines risks.

Paul Surplus Lines Insurance Company (Delaware) 07/06/ Starr Surplus Lines Insurance Company (Texas) (Domicile changed from Illinois to Texas effective 01/01/) 11/16/ StarStone Specialty Insurance Company (Delaware)(Name changed from Torus Specialty Insurance Company effective 09/21/ Laws and Regulations.

Welcome to the California Department of Insurance (CDI) Laws and Regulations page. This page contains links to state of California insurance statutes and regulations as well as all other California statutes and regulations. Insurance companies, agents and brokers are required to comply with these insurance laws.

California Insurance Code Section (h) permits special lines’ surplus line brokers to advertise and solicit business in the same manner as surplus line brokers, except that special lines’ surplus line brokers are not limited to advertise or solicit with only eligible surplus line insurers pursuant to Insurance Code Section (2) prohibit a surplus lines broker from placing nonadmitted insurance with, or procuring nonadmitted insurance from, a nonadmitted insurer domiciled outside the United States that is listed on the Quarterly Listing of Alien Insurers maintained by the International Insurers Department of the NAIC.

RichaRd attoRney-at Law 2File Size: 89KB. The Insurance Code authorizes California surplus line brokers to conduct an "insurance brokerage business" in this state. Section (b). Insurance brokers are distinguished from insurance agents by the fact that brokers act, primarily, on behalf of the insured and not on behalf of the insurer.

See CIC Section The Nonadmitted Insurance Law shall not apply to reinsurance, or to the following insurances when placed by general lines agents or general lines brokers or surplus lines brokers licensed as such by this state or when procured directly by an insured from a nonadmitted insurer: 1.

Wet marine and transportation insurance. About the Nonadmitted and Reinsurance Reform Act (NRRA), the Nonadmitted Insurance Multistate Agreement (NIMA), and the Surplus Lines Clearinghouse. surplus lines insurers. Before the NRRA, the industry faced a plethora of inconsistent standards employed by the various states in determining whether a surplus lines insurer would be “eligible” or “listed” to insure risks under each state’s surplus lines law.

Consequently, brokers. PROPOSED REGULATION OF THE COMMISSIONER OF INSURANCE Division or the State. However, the Commi ssioner entered the Nonadmitted Insurance Multi-State Agreement (NIMA) on Jas a mult i-state tax-sharing mechanism.

If NIMA becomes operational, surplus-lines brokers may be required to pay an additional fee to the NIMA clearinghouse. The Federal regulation supervises areas of insurance not covered by state regulation or when state jurisdictions are in conflict.

has jurisdiction over violations of the Insurance Code. A hearing is used to determine if a licensee has violated the insurance code. Limited insurance producers 3. Surplus lines brokers. Penalty for not. Surplus Lines Insurance and the Nonadmitted and Reinsurance Reform Act Legislation.

Last updated: February 1, NCSL Staff Contacts: Heather Morton, (Denver); James Ward, (D.C.) Surplus or excess lines insurance is insurance coverage that is not available from insurers licensed in the state, called admitted companies, and must be purchased from a non-admitted.

The commissioner may by regulation adopted in accordance with the provisions of chapter (1) Establish such proper standards as [he] the commissioner may deem necessary to guide surplus lines brokers procuring any such policy of insurance, as is permitted under subsection (a) of section 38a, as amended by this act, from any such [unauthorized].

hearing exempt from the provisions of this chapter [11] 3. insurance in respect to any risks or class ofrisk eligible under Section for placement with nonadmitted insurers by and through licensed surplus lines brokers upon a finding by him that application ofthis chapter [ File Size: KB.

insurer B knows that regulation exists to ensure insurance rates are fair, adequate, and not excessive. however, due to having many insurers in the state where insurer B operates, the insurer decides to underprice its auto policy in order to increase its market share and entice customers away from its higher priced competition.

this practice by insurer B could have the. The Division of Insurance proposes to adopt regulation changes in Title 3 of the Alaska Administrative Code, dealing with surplus lines premium tax payments, surplus lines filing fee payments, surplus lines unauthorized insurers, and alien surplus lines insurers fees under AS ; and fees for portable electronics limited producer licenses under AS including the.

California Legislature, Senate Committee on Insurance, Claims and Corporations, Subcommittee on Nonadmitted Insurance, Hearing on State Regulation of Nonadmitted Insurers and Surplus Lines Brokers. the nonadmitted insurance policy premium or premiums attrib-utable to properties, risks, or exposures located in each State.

The filing of a nonadmitted insurance tax allocation report and the pay-ment of tax may be made by a person authorized by the insured to act as its agent. SEC. REGULATION OF NONADMITTED INSURANCE BY INSURED’S HOME. (a) A surplus line broker may solicit and place insurance for a home state insured, other than as excepted in Sectionwith nonadmitted insurers only if that insurance cannot be procured from insurers admitted for the particular class or classes of insurance and that actually write the particular type of insurance in this state.

Additionally, no other state could require the surplus lines broker to be licensed in order to sell, solicit or negotiate nonadmitted insurance products except the home state of.

Brown is an insurance regulatory attorney who regularly represents surplus lines insurers, surplus lines brokers, and industry organizations in a variety of regulatory and other surplus lines matters.

No surplus line broker shall place any coverage with a nonadmitted insurer for a home state insured unless the insurer is domiciled in the Republic of Mexico and the placement covers only liability arising out of the ownership, maintenance, or use of a motor vehicle, aircraft, or boat in the Republic of Mexico, or, at the time of placement, the nonadmitted insurer meets the.

— The term “surplus lines insurance” means insurance procured by a surplus lines licensee from a surplus lines insurer or other nonadmitted insurer as permitted under the law of the home state; for purposes of this chapter “surplus lines insurance” shall also mean excess lines insurance as may be defined by applicable state law.

Company Search for Surplus Lines - Federally Authorized. Company Search for Surplus Lines - Aviation/Wet Marine. Dodd-Frank Wall Street Reform and Consumer Protection Act (Surplus Lines Relevant Section: Part I - Nonadmitted Insurance, SectionPages - ) Florida Surplus Lines Service Office (FSLSO).

As voluntary carriers, nonadmitted insurers accepting surplus lines business are full service insurers wishing to write insurance that quali-fies for surplus lines placements.

As a consequence, surplus lines insurers are sensitive to the needs of both the insureds and produc-ers. Such sensitivity may not be found in residual markets. More. This regulation shall apply to any company eligible, or seeking to become eligible, to effect a contract of insurance pursuant to Colorado's Nonadmitted Insurance Act and to any producer or Colorado surplus lines broker, as defined by § (1), C.R.S., procuring or assisting in the procurement of surplus lines insurance.

Insurance contracts procured as surplus lines coverage from nonadmitted insurers in accordance with this law, whether so procured by a surplus lines broker or directly by the insured by means of independent procurement, shall be fully valid and enforceable as to all parties, and shall be given recognition in all matters and respects to the same.

The sale of surplus lines insurance is: a. Done through surplus lines brokers working with eligible nonadmitted insurers b. Another name for insurance sold through unauthorized insurers c.

Allowed when insurance is cheaper through a non-admitted carrier d. Done through any agent with a property and casualty license. Surplus lines insurance protects against a financial risk that is too high for a regular insurance company to take on.

Surplus line insurance can be used by companies or purchased : Caroline Banton. Start studying Surplus Lines Chapter 1. Learn vocabulary, terms, and more with flashcards, games, and other study tools. A list of insurers that the state regulator drafts that meet the state's eligibility standards.

Brokers are limited to insurers on this list. Allows the insured to buy surplus lines insurance directly from the insurer. NRRA grants the home state of a policyholder the exclusive authority to require payment of premium taxes and placement regulation by nonadmitted insurers. The Act establishes a uniform mechanism for payment and allocation of nonadmitted insurance and regulation of surplus lines brokers.

This regulation shall apply to any company eligible, or seeking to become eligible, to effect a contract of insurance pursuant to Colorado's Nonadmitted Insurance Act and, to any producer or Colorado surplus lines broker, as defined by § (1), C.R.S., procuring or assisting in the procurement of surplus lines insurance, and any person.

The National Association of Professional Surplus Lines Offices (NAPSLO) is pleased to paper "An Analysis of the Nonadmitted Insurance Multi‐state Agreement." National Association of Professional Surplus Lines Offices, Ltd.

N.E. 54th St. • Suite • Kansas City, MO • / • Fax / File Size: KB.The Nebraska Department of Insurance has withdrawn from the Nonadmitted Insurance Multistate Agreement, effective March 5, According to a regulatory notice dated January 5,the DOI stated that "the time frame offered to surplus lines brokers and insureds independently procuring nonadmitted insurance to report all such business transacted during .The procurement procedures for surplus lines insurance are set forth in N.J.A.C.

On or after Ja surplus lines producer seeking to procure or place nonadmitted insurance on behalf of an “exempt commercial purchaser” is not required to perform a diligent search if: 1) the broker has disclosed to the exempt commercialFile Size: 76KB.