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Surplus lines insurance is a type of insurance that's not offered by licensed insurance companies. This is because surplus lines insurance policies often cover unusual or high-risk risks that standard insurance companies won't touch.
Surplus lines insurance policies are typically written by unlicensed insurance companies or through a licensed surplus lines broker. These policies are often more expensive than standard insurance policies, but they may be the only option for individuals or businesses with unique or high-risk needs.
The surplus lines market is largely unregulated, which can make it difficult to find reliable and trustworthy insurers. However, some states have established surplus lines insurance pools to provide a level of oversight and protection for consumers.
What Is
Surplus lines insurance is a type of insurance that is not offered by licensed insurance companies.
It's often used for high-risk or specialty insurance needs that can't be met by standard policies.
Surplus lines insurance is typically written by unlicensed insurance companies, also known as surplus lines insurers.
These insurers are not regulated by state insurance departments, which can make them more flexible in their underwriting and pricing.
However, this lack of regulation also means that consumers may have fewer protections and recourse if something goes wrong.
Surplus lines insurance can be used to cover a wide range of risks, including professional liability, environmental liability, and cyber liability.
It can also be used to cover risks that are not typically covered by standard policies, such as employment practices liability and directors and officers liability.
Regulation and Licensing
Insurance companies are licensed by the states, as are insurance brokers and insurance agents. This is due to the federal McCarran-Ferguson Act of 1945, which delegated regulatory authority to the states.
The federal government does not regulate insurance for the most part, with a few exceptions. This means that states have a significant amount of control over the insurance industry.
To become a surplus lines producer in Kansas, you must satisfy certain requirements, including holding a property and casualty insurance producer license. Non-resident surplus lines applicants must also have a surplus lines license in their home state.
Here are the steps to apply for a Kansas surplus lines license:
- Submit a NAIC Uniform Application for Individual Insurance Producer License via the National Insurance Producer Registry (NIPR).
- Pay an initial license fee of $50 by credit card or electronic check through NIPR.
- Hold a property and casualty insurance producer license.
- Non-resident surplus lines applicants must also have a surplus lines license in their home state.
Surplus lines producers must renew their license on or before May 1st of each year. To do so, they must submit their Surplus Lines Reporting Form and taxes due by March 1st, and pay the renewal fee of $50 through NIPR.
Federal Government Regulation
The federal government's role in regulating insurance is relatively limited. The McCarran-Ferguson Act of 1945 delegated this authority to the states, exempting insurance companies from most federal regulations.
Insurance companies operate largely under state oversight, with each state responsible for its own regulations. The federal government's hands-off approach has led to a patchwork of different state regulations.
The McCarran-Ferguson Act specifically exempted insurance companies from most kinds of federal regulation, giving states a significant amount of control over the industry. This exemption has remained in place for over 75 years.
Overall, the federal government's lack of involvement in regulating insurance has resulted in a unique regulatory landscape in the United States.
Who Licenses Companies?
Insurance companies, including brokers and agents, are licensed by the states. This is a crucial aspect of regulation and licensing.
The state's role in licensing insurance companies helps ensure that they operate fairly and provide adequate coverage to their customers. It's a vital step in maintaining public trust and confidence in the industry.
Insurance companies must meet specific requirements and follow guidelines set by the state to obtain and maintain their licenses. This includes adhering to financial regulations, consumer protection laws, and other relevant standards.
The state's oversight helps prevent insurance companies from engaging in unfair or deceptive practices, which can harm consumers.
Types of Surplus Lines Insurance
Surplus lines insurance can cover many different financial hazards, including liability coverage for special events or moving hazardous materials. It's also used to cover costly items like expensive art or classic car collections.
Individuals may buy a surplus lines policy if they can't get homeowners insurance from a standard company. In some cases, surplus lines insurance can provide coverage limits beyond what conventional insurers are willing to provide.
States maintain export lists showing the kinds of insurance that may be unobtainable through regular, state-licensed insurance companies in their state. For example, in California, the list includes insurance to cover kidnap and ransom, amusement parks and carnivals, sawmills, and hot air balloons.
Types of
Types of surplus lines insurance can cover many different financial hazards, including liability for special events or hazardous materials.
A surplus lines policy can be used if you can't get homeowners insurance from a standard company.
Some businesses may need liability coverage for events like moving hazardous materials.
In some cases, surplus lines insurance can provide coverage limits beyond what conventional insurers are willing to provide.
States maintain export lists, showing the kinds of insurance that may be unobtainable through regular, state-licensed insurance companies in their state.
In California, the export list includes insurance to cover kidnap and ransom, amusement parks and carnivals, sawmills, demolition contractors, fireworks displays, and hot air balloons.
Flood insurance is also on the export list for some states and in certain circumstances.
Surplus lines companies offer a variety of high-risk insurance policies for different property types and risks, such as flood insurance in high-risk flood zones.
Wind-only insurance is a type of surplus lines insurance that's necessary in coastal counties of southern states where insurance companies often exclude wind coverage from home insurance policies.
Types of Surplus Lines Insurance
Surplus lines insurance can be a bit confusing, but let's break it down. There are two main types of surplus lines insurance: those that are not reviewed by state regulators and those that are financially backed by the state's guaranty fund.
Surplus lines policies that are not reviewed by state regulators are often referred to as E&S (Excess and Surplus) companies. These companies can offer more flexible policy terms, including higher deductible options, but they're not subject to the same level of oversight as admitted companies.
Surplus lines insurance that's not financially backed by the state's guaranty fund means that if your insurance company goes bankrupt, you might be left covering the costs out of pocket. However, the rate of surplus lines insurers going insolvent is historically low, thanks to effective solvency monitoring frameworks on the state level.
The surplus lines insurance market is dominated by a few large players, including insurers affiliated with Lloyd's of London, which has 16.8% of the market share and $13.9 billion in direct premiums.
Some of the top 25 surplus lines insurers include Berkshire Hathaway Insurance Group, American International Group (AIG), Markel Corporation Group, and Liberty Mutual Insurance Companies. These companies often offer specialized coverage options that can be hard to find on the standard market.
Commercial Auto & Trucking
Commercial auto and trucking coverages can help cover costs of claims involving a company's owned, rented or leased vehicles. This type of insurance is essential for businesses that rely on vehicles to operate.
Many companies have fleets of vehicles that are essential to their operations, and accidents can happen. Commercial auto and trucking insurance can provide financial protection against these risks.
This coverage can include liability for damage to other vehicles or property, as well as medical expenses for injuries. It's a vital component of a company's risk management strategy.
Businesses that operate large fleets of vehicles may require specialized insurance coverage. This can include coverage for specific types of vehicles, such as semi-trucks or buses.
Retail & Wholesale
Retail & Wholesale businesses have a wide range of insurance needs, from start-ups to large established operations.
Industry-specific insurance solutions can help protect these businesses from various risks, such as property damage, liability, and employee injuries.
Surplus lines insurance can provide coverage for unique or specialized risks that standard insurance policies may not cover.
Frequently Asked Questions
What are the disadvantages of surplus lines insurance?
Surplus lines insurance has two main disadvantages: policyholders may not recover claims if the insurer's bank goes bankrupt, and rates can be more expensive than standard carriers
How do you explain surplus lines tax?
Surplus lines tax is a tax on insurance policies not regulated by the state's insurance department, but instead placed with a non-admitted insurance company. It's a unique tax that applies to specialized insurance policies
Sources
- https://doi.nv.gov/Insurers/Property-Casualty/Surplus-Lines-Insurers/
- https://www.investopedia.com/terms/s/surplus-lines-insurance.asp
- https://insurance.kansas.gov/surplus-excess-lines/
- https://www.policygenius.com/homeowners-insurance/surplus-lines-insurance/
- https://www.berkley.com/business-insurance/excess-surplus
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