Surplus Lines Quick Reference Chart-Archived

March, 2002

State-by-State Summary

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.
for Residents

Nonresident
Eligible

Certificate of
Nonavailability

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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