Virginia has amended its insurance law to allow the licensing of domestic insurers (i.e., insurers incorporated or organized under Virginia law) as “domestic surplus lines insurers” eligible to sell surplus lines insurance within the state.

In order to qualify for such a license, insurers must have a policyholder surplus of $15 million, and their board of directors must pass a resolution seeking this license. The law also provides that “a domestic surplus lines insurer shall be considered a nonadmitted insurer” as the term “nonadmitted insurer” is used in the Nonadmitted and Reinsurance Reform Act of 2010 (15 U.S.C. § 8201 et seq.). When issuing insurance to insureds whose home state is Virginia, such domestic surplus lines insurers will be subject to the same taxes and maintenance assessments as nonadmitted insurers from other states who sell such insurance within the state. They will also be exempt from laws regarding insurance rating plans, policy forms, policy cancellation and nonrenewal, and premium charged to the insured to the same extent as such nonadmitted insurers.

These changes will go into effect July 1, 2018.

2018 Virginia Senate Bill No. 542, Virginia 2018 Regular Session