March, 2002
Summary: This treatment summarizes, on a state-by-state basis, each jurisdiction's surplus lines laws. The notation IPC under the “Other” column stands for “Independently Procured Coverage.” The question addresses whether or not a particular state allows insureds to purchase coverage directly from insurers or surplus lines carriers without going through an agent or broker. The notation CF under “Tax” stands for “Courtesy Filings.” The question addresses whether or not a particular state allows resident surplus lines brokers to file the taxes and nonavailability certificates for nonresidents as a “courtesy.” Any state with an asterisk (*) after its two-letter abbreviation has a Surplus Lines Stamping Office or a Surplus Lines Association. Please refer to the particular state's individual listing for more information.
State | Prelicense Reqs. | Nonresident | Certificate of | Tax | Other |
AL | $50,000 Bond Must be licensed as Property Producer | NO | Within Thirty Days of Procurement | 6 percent of Net Prem | Not for L/H; Not for Lower Rate; Notice to Insured IPC: YES |
AK | Must have two years of experience in last 5. $200,000 Bond. | YES | Within Thirty Days of Procurement | 2.7 percent of Gross Prem plus 1 percent Filing Fee CF: NO | May Use Non- Approved Comps if Coverage Not Available from Ap-proved; Not for L/H, Work Comp, or PP Auto IPC: YES |
AZ | Licensed as Producer or Bond; Also licenses; Exam Mexican S/L Brokers | YES | YES – 3 decs. Stamping Fee of .35percent | 3 percent of Gross Prem; Only; Notice to Insured; Not for Life, | Approved Comps Only; Notice to Insured; Not For Life, Work Comp, or PP Auto; IPC: YES |
AR | Must be Licensed 3 Yrs as Agent or Broker; $50,000 Bond; Exam | Only for Purch Grps | Yes and Kept in Broker's Office; Summary to be Filed Monthly | 4 percent of Written Prem | Insured's Consent Required; No Use for Better Rate; Notice to Insured; Not for L/A/H, Work Comp or; Public contractor bonds IPC: YES |
CA | Must be Licensed as Broker; $50,000 Bond | Only for Purch Grps | Within Sixty days of Procurement | 3 percent of Gross Prem; .35 percent Stamping Fee CF: NO IPC: YES | Notice to Insured; No Use for Lower Rate; Approved comps. only |
CO | $25,000 Bond | YES, But Only to Place Coverage for Risk Ret Grps | YES, Monthly | 3 percent of Gross Prem; .2 percent Stamping Fee CF: YES | Notice to Insured; Not for Lower Rate; Approved Cos. Only IPC: YES |
CT | P&C License $25,000 Bond Exam | Yes; Must be Licensed for P&C in Home State and CT; and Pass CT Exam | YES, Within Forty-Five Days | 4 percent of Gross Prem CF: YES | Not for Better Rate or Pers Auto, FAIR Plan, Work Comp; Approved Cos. Only Notice to Insured IPC: YES |
DE | Licensed as Broker; $5,000 bond | NO | Within Thirty Days After Eff Date | 2 percent of Net Prem CF: YES | Not for Better Rate or Terms; Notice to Insured; Approved Comps. Only |
DC | $20,000 Bond | YES, if Near DC | YES, Monthly | 2 percent of Gross Prem | Not for Better Rate or Terms or Pers Auto, A&H, Life, or Work Comp; IPC: YES |
FL | 60 Hrs or One Yr Exp plus Exam; $50,000 Bond; Must belong to Fla. Surplus Lines Service Office | Only for Risk Ret or Purch Grps required | Quarterly; 3 declinations | 5 percent of Gross Prem+ .3 percent stamping fee Auto; Not for rate or form; only approved comps. IPC: YES | Notice to Insured; Not for L&H, W Comp, or Pers |
GA | Must be Licensed Agent; $50,000 Bond | NO | Maintain Record of at Least 3 Rejections; Affidavit to be Filed Quarterly | 4 percent of Gross Prem CF: NO | Not for Life; Notice to Insured; IPC: YES |
GU | Must be Licensed as Agent or Broker; $2,000 Bond | NO | Must be Filed before Insurance is Procured | 4 percent; plus 2 percent for Industrial or Commercial Liability CF: NO | Not for Better Rate or Form; Notice to Insured; IPC: YES |
HI | $100,000 Bond | NO | Yes, Annually | 4.68 percent of Gross Prem CF: NO | Not for Better Rate; Notice to Insured; IPC: YES |
ID | $10,000 Bond | NO | Within Thirty Days of Procurement | 2.75 percent of Gross Prem; 1 percent Stamping Fee CF: NO | Only Approved Comps May be Used; Not for Life or A&H; IPC: YES Notice to Insured |
IL | Lic Producers; Exam; $20,000 Bond; Must be Member of Surplus Lines Assoc | NO | Must Keep Records of at Least 3 Rejections | 3 percent of Gross plus 1 percent Fire Marshall Tax; .3 percent Stamping Fee | Use of Comp with Less than $15 Mill in Surplus Requires Warning to Insured IPC: YES |
IN | Licensed Agents; $20,000 Bond | Only for Purch Grps | Filed by 20th of Month Following Placement | 2.5 percent of Gross Prem CF: NO | Agent May Not Charge Service Fee; Not for Life, A&H, Auto, or Work Comp; Approved Cos. Only; IPC: YES |
IA | Special Lic Required; Exam | YES | File Within Thirty Days of Delivery | 2 percent of Gross Prem | Only Approved Comps; Notice to Insured; IPC: YES |
KS | Must Have E&O Policy of at Least $100,000; Licensed as a P&C Agt for 3 Yrs | Only for Risk Purch Grps. | Signed Acceptance from Insured Prior to Placement | 6 percent of Gross Prem CF: N/A | Only P&C May be Placed in S/L; Approved Cos. Only; Notice to Insured IPC: NO |
KY | Must be Licensed as Agt for 3 Yrs and Represent 3 Admitted Comps; Bond and E&O Policy | NO | YES, Filed Within Sixty Days after Procurement | 3 percent of Prem plus Municipal Tax plus KY Tax of 1.5 percent on P&C CF: NO | Not for Better Rate; Not for Life or A&H; May Only Use Comps with $3 Mill in Surplus and in Operation for 3 Yrs; Not for rate or form; IPC: YES |
LA | 2 Yrs Exp; Exam; $40,000 Bond | REC | Within Thirty days of binding | 5 percent of Gross Prem | Notice to Insured Authorized comps only IPC: YES |
ME | Must be licensed Producer; $20,000 Bond | YES | NO, but Broker Must conduct a Diligent Search | 3 percent of Gross Prem | Not for Better Rate or Life/A&H; Notice to Insured; IPC: YES |
MD | Must be Licensed as Broker; $10,000 Bond | Only for Risk Purch or Ret Grps | YES, Filed Within Forty-Five Days after Month of Procurement; three declinations | 3 percent of Gross Prem | Notice to Insured Required on Policy; Not for Better Rate or Form; Not for L&H, Pers Auto, W Comp, Marine, or Railroads; IPC: YES |
MA | Special Brokers License; $2,000 Bond | NO | Filed Within Twenty Days of Procurement | 4 percent of Gross Prem CF: YES | Not to be Used for Life, A&H, Auto, or Work Comp; Approved comps. only |
MI | Must be licensed agent; Exam | NO | YES plus .5 percent regulatory | 2 percent of Gross Prems Notice to Insured; fee | Must Contain S/L Agents May Add Fee of up to $25; Only approved comps.; IPC: YES |
MN | P&C License $5,000 bond | Yes, Must First Have P/C License | Must be Kept on File by the Broker | 3 percent of Gross Prem CF: YES | Must Contain Notice to Insured; Not for Pers Auto, Work Comp, or HO Below $500,000; Only approved comps; IPC: YES |
MS | Must be Licensed P&C Agent; Bond of $3,000 | NO | Requires Insured's Signature; Filed Monthly | 4 percent of Gross Prems CF: YES 1 percent stamping fee | Only Approved Comps; Must Contain Notice to the Insured; Not for Life or A&H; IPC: NO |
MO | Must be Licensed Broker; Exam; Bond of $10,000 | REC | Must be Filed Within Thirty Days of Effective date | 5 percent of Net Prems CF: NO | Only Approved Comps; Must Contain Notice to the Insured; Life, A&H, and PP Auto are Not Eligible; IPC: YES |
MT | $10,000 Bond; Licensed five years | YES | Must be Filed at Time Ins is Placed | 2.75 percent of Net Prems Plus 2.50 percent of Fire Prems; CF: NO | Not for Better Rate or Terms; IPC: YES |
NE | Currently Licensed Agts and Brokers; Bond of $10,000 per Licensee (up to $100,000 per Firm) | YES, but Only for Purch Grps | NO, but Agt Must File Quarterly and Annual Reports Listing All Nonadmitted Business Written Along with Forms Signed by Insured | 3 percent Plus .75 percent Fire Tax CF: YES | Policy Must Contain Wording That Guaranty Fund Does Not Apply; IPC: YES |
NV | Exam; Licensed as broker at least twelve months | YES | Must be Filed Within Ninety Days After Placement | 3.5 percent of Gross Prem | Not for Better Rate or Form; Notice to Insured Approved comps only IPC: YES |
NH | Must Pay Fee | NO | Must be Filed Monthly by 10th of Next Month | 2 percent of Gross Prem CF: NO | Only Approved Comps; Notice to Insured IPC: YES |
NJ | Currently Licensed in P&C; Exam; $25,000 Bond | NO | NO | 3 percent of Gross Prem Copy of Policy Within Ninety Days | State has an S/L Guaranty Fund; Approved Cos. Only; Notice to insured; IPC: YES |
NM | Licensed as agent; $20,000 Bond | NO | Must be Filed with Commr Within Sixty Days after Each Quarter; within fifteen days with DOI Stamping Office | 3 percent of Net Prem CF: YES A&H, PP Auto, | Only Approved Comps; Notice to Insured; Not for Life, or Work Comp IPC: YES |
NY | Licensed as Broker $15,000 Bond | NO | Must be Filed Within Forty-Five Days of Procurement; Must Show 3 Declinations | 3.6 percent of Gross Prems; Stamping Fee, .4 percent CF: NO | Notice to Insured; Not for L/H, Work Comp, Title, Annuities, or PP Auto; Approved comps. only IPC: YES |
NC | Exam, $10,000 Bond; Must Belong to S/L Assoc | REC Border States | Filed with Commr Within Thirty Working Days of Procurement | 5 percent of Gross Prems CF: YES | Approved carriers only; Notice to Insured; IPC: YES |
ND | Bond of at least $5,000; E&O Policy | NO | Filed with Commr fifteen Days After Effective Date | P/C: 1.75 percent of Gross Prem; L/H: 2 percent CF: NO | Notice to Insured Not for Life/A&H Approved Cos. Only; IPC: NO |
OH | Must be Licensed as Multi-Line Agent for Two Years; $25,000 Bond | YES | Must be Filed with Commr within thirty is of end of quarter | 5 percent of Gross Prems | May be Used for Rate If S/L Rate is at Least 10 percent Better; Notice to Insured; Approved Comps Only; Not For L/A&H or WC IPC: YES |
OK | Must be Licensed as Agent; Amount of Bond Depends upon Prior Year's Gross Prem | YES; for Purch Grps Only | YES | 6 percent of Gross Prems CF: YES-Ret. | Only Approved Comps; Not for Better Rate; or form Not for Life, A&H Notice to Insured |
OR | Must be Licensed for General Lines; $50,000 Bond | YES for Risk Ret Grps Only; Must Hold Oregon P&C Lic | Must be Filed Within Ninety Days of Procurement | 2 percent of Gross Prem Plus 1 percent Prem for Fire Tax CF: YES | Notice to Insured; Not for Reinsurance, Marine, L&H, or Annuities; IPC: NO |
PA | Must be Licensed as a Broker; $50,000 Bond; Exam | YES: for Purch Grps Only $50,000 Bond | Must be Filed within Forty-Five Days | 3 percent of Gross Prem CF: NO | Notice to Insured Approved Cos. Only; Notice to Insured; IPC: YES |
PR | Must be Licensed Agent or Broker; $25,000 Bond | NO | Must be Filed at Time of Procurement; Must Show at Least 5 Declinations | 9 percent of Gross Prem | Not for Better Rate or Form; Policy Notice to Insured; Approved Cos. Only; IPC: YES |
RI | Must hold Producer lic. $25,000 Bond | YES | Must be Signed by Insured and Filed Within Thirty Days of Procurement; Not applicable to Industrial Insureds | 3 percent of Gross Prem | Not for Better Rate or Form; Not for L/A&H; Approved Comps Only; Notice to Insured; IPC: NO |
SC | Must be Licensed Broker; Bond of $10,000 | NO | Brokers Must Request and Receive Permission from Commr Within Twenty Days | 4 percent of All Prems | Broker Must File Annual Report and Policy Must Contain Notice to Insured; Not for L&H, Pers Auto, or Work Comp; IPC: YES |
SD | Licensed agents; Bond of $2,000 | Only for Risk Purch Grps. | Must be Filed with Commr Within Thirty Days of Procurement | Other than Fire: 2.5 percent; Fire: 3 percent CF: NO | Policy Must Contain Notice to the Insured; Not for Life or A&H; IPC: YES |
TN | Must be Authorized Agent | NO | Must be Filed with Commr Before Procurement; Must Show 3 Declinations | Excess WC: 4.4 percent; Property: 3.25 percent; Liability: 2.5 percent CF: NO | PP Auto and Work Comp Are Not Eligible; Approved Cos. Only; Notice to insured |
TX | Must be Licensed as Recording Agent or MGA; Exam; Bond of $50,000 | Only for Purch Grps | Must be Filed with S/L Stamping Office within Sixty Days | 4.85 percent of Gross Premiums; Stamping Fee is .15 percent CF: NO | Only Approved Comps; May Not be Used to Avoid Assigned Risk Auto Plan; Policy Must Contain Notice to the Insured; IPC: YES |
UT | Must be Licensed Broker | YES; Must Register with the Utah S/L Assoc | Within Sixty Days | 4.25 percent of Gross Prems Plus .25 percent Stamping Fee CF: NO | Approved Comps Only; Notice to Insured; IPC: YES |
VT | Must be Licensed as Agent or Broker; $20,000 Bond; 2 yrs. exp. Exam | NO | Must File Quarterly Reports | 3 percent of Gross Prem | Approved Comps Only; Notice to Insured; IPC: YES |
VA | Must be Licensed as P&C Agent; $25,000 Bond | YES, If Licensed as Virginia Non-Res for P&C | Must be kept on file | 2.25 percent of Gross Prem Plus .05 percent Bureau Maintenance Assessment CF: NO | Notice to Insured; May be Used for Better Rate or Form; Agt Must Show 3 Declinations; Approved comps.; Notice to Insured; IPC: YES |
VI | Anyone with an Office in the VI and Approved by the Commr; $10,000 Bond | NO | Must be Filed Within Thirty Days After Procurement; Must Show Declinations from a Majority of Comps Writing That Line of Business | 5 percent of Gross Prems; Payable Quarterly | May Not be Used For Better Rate; Notice to Insured |
WA | Must meet exp. requirements; $20,000 Tax Bond and $100,000 Surety Bond; Exam | For Purch Grps Only | Must be Filed with Commr Within Thirty Days of Procurement | 2 percent of Gross Prems Plus .4 percent Stamping Fee CF: YES | Not for Better Rate Notice to Insured; IPC: YES |
WV | Must be Licensed Agent; Exam; 3 yrs. exp. $2,000 Bond | NO | Must be Filed with Commr, annually | 4 percent of Gross Prems CF: NO | Not for Better Form, Rate, or for Work Comp; Policies Must Be Countersigned |
WI | Must be Licensed $100,000 bond | YES | NO | Ocean Mar, .5 percent; All Other Lines, 3 percent of Gross Prem | Notice to Insured; If Placed with Unapproved Company, copy to Commr. IPC: NO |
WY | Must be General Lines Agent; $1000 Bond | NO | Must be Filed With the Commr Within Thirty Days after Procurement | 3 percent of Gross Prem CF: NO | Not for Rate or Form; Capital Reqs; IPC: YES |
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