News & Analysis as of

Surplus Lines Insurance Insurance Industry

Saul Ewing LLP

Pennsylvania Enacts New Insurance Legislation That Significantly Expands the Permissible Fees Charged by Surplus Lines Licensees...

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Pennsylvania recently enacted two new insurance laws that significantly expand the permissible kinds of value-added products and services that may be provided by insurance licensees in general and the fees that may be charged...more

Snell & Wilmer

The Ninth Circuit Affirms Tribal Court Jurisdiction Over Insurance Provider

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On February 29, 2024, the Ninth Circuit issued its opinion in Lexington Insurance Co. v. Smith (Suquamish Tribe). The Court affirmed the tribal court’s subject-matter jurisdiction over Lexington pursuant to the Tribe’s...more

Locke Lord LLP

A Deep Dive Into the Diligent Effort (Search) Requirement

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The excess and surplus lines insurance market is a rapidly-growing avenue for the placement of insurance policies in the United States. Many alien (non-U.S.) insurance carriers write surplus lines insurance coverage via...more

Locke Lord LLP

Texas Reduces Surplus Lines Stamping Fee

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The Texas Department Insurance (“TDI”) Commissioner Cassie Brown issued an order decreasing the surplus lines stamping fee from .075% to .04% of gross premium resulting from surplus lines insurance contracts. The decrease...more

Locke Lord LLP

LL Surplus Lines Series (Entry 35): Surplus Lines Working Group Exposes Changes to IID Plan of Operation for Alien Insurers

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On October 19, 2022, the National Association of Insurance Commissioners (NAIC) Surplus Lines Working Group exposed proposed changes to the International Insurers Department (IID) Plan of Operation applicable to insurers...more

Locke Lord LLP

LL Surplus Lines Series (Entry 34): Nonadmitted Model Act Moves Closer to Adoption; A Couple of Issues Remain Unresolved

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On October, 17, 2022, the National Association of Insurance Commissioners (NAIC) Surplus Lines Task Force held an interim meeting to discuss, among other agenda items, the draft changes to the Nonadmitted Insurance Model Act...more

Locke Lord LLP

LL Surplus Lines Series (Entry 33): Florida Legislators Consider Surplus Lines Bills

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Florida lawmakers have recently introduced SB 1402 that could open up additional avenues for the placement of surplus lines business in the state. On January 18, 2022, the Senate Banking and Insurance Committee passed SB...more

Clark Hill PLC

Insurtech Briefly Podcast: Surplus Lines Market

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In this episode of the Insurtech Briefly podcast, Robert Tomilson and Scott Galla explore the advantages and constraints on insurtechs using surplus lines as an entrance to the insurance market. ...more

Locke Lord LLP

LL Surplus Lines Series (Entry 32): Illinois Legislature Eliminates the Diligent Search Effort for Certain Commercial Transactions...

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On May 21, 2021, the Illinois legislature passed SB 1753, which eliminates the surplus lines producers’ diligent search effort with respect to commercial risks when those risks are referred to the surplus lines producer by an...more

Carlton Fields

Ninth Circuit Finds Refusal to Accept a Demand, Without More, Is Not a “Claim” Under Policy

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On April 9, 2021, the Ninth Circuit Court of Appeals affirmed a lower court’s ruling that Starr Surplus Lines Insurance Co. need not provide coverage for Alorica Inc.’s loss from a 2018 phishing attack because the letter...more

Locke Lord LLP

LL Surplus Lines Series (Entry 31): ELANY Issues Commentary on NY Cybersecurity Regulation Developments, E&S Diligent Search...

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The Excess Line Association of New York (“ELANY”) delivered its April 2021 issue of the “E&S Empire Express,” a publication designed to provide an overview of ELANY’s recent activities, including employment changes,...more

Locke Lord LLP

LL Surplus Lines Series (Entry 30): Maine Issues Bulletin Explaining the Conditions for Surplus Lines Placement

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On April 14, 2021, the Maine’s Bureau of Insurance issued Bulletin 457 to explain the general conditions and requirements for surplus lines placements, and to reaffirm to producers their obligations and responsibilities under...more

Locke Lord LLP

Excess and Surplus Lines Laws Manual

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We are happy to provide the 2021 edition of our Excess and Surplus Lines Law Manual. This edition reflects all of the pertinent changes in the surplus lines laws and regulations of the 50 states and U.S. territories during...more

Locke Lord LLP

LL Surplus Lines Series (Entry 29): Illinois Looks to be Latest State to Streamline Diligent Search Requirements, and to Provide...

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On February 26, 2021, a bill was introduced in the Illinois General Assembly that among other changes would eliminate the diligent effort requirement for commercial business sourced by a surplus lines producer through a...more

Locke Lord LLP

The Myth of the ‘Surplus Lines Agent’

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Increasingly, the world of insurance distribution has become highly specialized, utilizing technology and a multitude of parties to reach customers worldwide. The surplus lines industry is no exception. Surplus lines brokers...more

Locke Lord LLP

LL Surplus Lines Series (Entry 28): Surplus Lines Compliance Reminder Issued by ‎ELANY, Regarding Group Policies and Use of...

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On February 8, 2021, the Excess Line Association of New York (“ELANY”) issued Bulletin No. 2021-05 reminding surplus line insurers and brokers about some often overlooked compliance requirements. Among the topics was the...more

Carlton Fields

New Jersey Supreme Court Affirms $56M Refund to Johnson & Johnson for Overpayment of Insurance Premium Tax

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The New Jersey Supreme Court recently ruled that Johnson & Johnson is required to pay an insurance premium tax (IPT) based only on its premiums for risks located within the state of New Jersey rather than nationwide,...more

Locke Lord LLP

The Gig Economy’s Auto Insurance Market and Surplus Lines

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Automobile insurance looks very different today than it did a generation ago. The means by which people (and goods) travel via motor vehicles continue to expand and evolve, as do businesses and their automobile insurance...more

Locke Lord LLP

Surplus Lines Task Force Discusses Modernizing the Nonadmitted Insurance Model Act and the Standard Form of Trust Agreement

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On November 18, 2020, the Surplus Lines Task Force held a virtual meeting in lieu of ‎its meeting at the 2020 NAIC Fall National Meeting. The Task Force discussed the ‎proposed modernization of the NAIC Nonadmitted Insurance...more

Locke Lord LLP

LL Surplus Lines Series (Entry 27): Developments in the Surplus Lines Diligent Search Requirement

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Multiple developments occurred in the last few weeks throughout the United States relaxing diligent search standards in the surplus lines marketplace. On September 21, 2020, The U.S. Virgin Islands (“USVI”) promulgated...more

Locke Lord LLP

LL Surplus Lines Series (Entry 26): Update: New Blanks Proposal for Home State Direct Premiums Written Again Tabled by NAIC...

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At the August 5, 2020, NAIC Summer National Meeting, the NAIC Surplus Lines Task Force again tabled its new Blanks proposal regarding home state direct premium written....more

Locke Lord LLP

LL Surplus Lines Series (Entry 25): Lloyd’s of London to Relinquish U.S. Licenses; Will Focus on Expanding Surplus Lines and...

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On July 10, 2020, Lloyd’s of London (“Lloyd’s”) issued Market Bulletin Ref: Y5299 (the “Bulletin”) announcing that it will seek to relinquish its admitted licenses in Kentucky, Illinois and the U.S. Virgin Islands. The...more

Locke Lord LLP

Texas Adopts Amendments to Surplus Lines Stamping Office Plan of Operation with Enhanced Department of Insurance Oversight

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Kent C. Sullivan, Commissioner of the Texas Department of Insurance (TDI) issued Order No. 2020-6384 on July 3, 2020, approving an amended Plan of Operation of the Surplus Lines Stamping Office of Texas (SLSOT)....more

Locke Lord LLP

LL Surplus Lines Series (Entry 24): Excess Line Association of New York Weighs in on “Surplus Lines Agents”

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On June 16, 2020, the Excess Line Association of New York (“ELANY”) issued Bulletin No. 2020-35, promulgating ELANY’s new issue of “ELANY Elaborates” (the “EE”). This issue of EE (available here) focuses primarily on the...more

Locke Lord LLP

LL Surplus Lines Series (Entry 23): Sampling of COVID-19 State and NAIC Insurance Updates Applicable to the Surplus Lines Industry

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COVID-19 is impacting all facets of the insurance industry, and while the surplus lines market is somewhat inoculated from the impact of various state orders and emergency regulations, many states as well as the National...more

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