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SURPLUS LINES
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Non-admitted Insurance Company: An insurance company not licensed to do
business in a particular state; such a company, however, may sell excess
and surplus insurance in that state if admitted insurers lack the
capacity or expertise.
The designation "Surplus Lines" or "Non-admitted" does not equate to
"fly-by-night" in describing an insurance carrier. The basic
characteristics of these insurors have to do with their method of
operations, types of insurance accepted and regulatory domains:
The use of non-admitted insurance companies has been widespread for
years, having developed as insurance consumers sought types of coverage
which conventional companies refused to supply. In addition, there are
needs for insurance on exceptionally high-risk or unique exposures, as
well as needs for very large amounts of insurance which are better
suited to highly specialized and/or layered types of policies and
underwriters.
Of principal interest is that these carriers are not supported by state
guarantee funds. (Meaning that if they fail, your premium and your
insurance is probably lost.) Non-admitteds are generally not subject to
regulation by your individual state insurance department, although some
states maintain a list of so-called "Approved" insurors who are
permitted to operate, with all others excluded. Clearly, the financial
ratings for a non-admitted insuror are of great importance before you
buy. One of the foremost references for ratings is
Best's.
Most states require that your business be first offered to admitted
carriers before it is placed in the surplus lines market.
Non-admitteds contract with specialized brokers in individual states to
underwrite & service their business, typically paying them on a
commission basis per policy, similar to what is received by retailing
agents. (These brokers are required to hold a special license & are
themselves scrutinized by state regulators.) Some or all of servicing
fees, inspection fees or other costs may be passed on to you as a
separate item in your premium invoice. Record-keeping entities may also
charge fees, and state taxes are collected on policies individually, for
subsequent payment to the state.
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