§ 27-10-20 — Procuring of Surplus Lines from Unauthorized Insurers

If certain insurance coverages cannot be procured on terms acceptable to the insureds from authorized insurers, the coverages, designated “surplus lines,” may be procured from unauthorized insurers subject to the terms and conditions of either subdivisions (1) or (2):
(1)a. The insurance must be procured through a licensed surplus line broker;
b. The full amount of insurance required must not be procurable, after diligent effort has been made to do so, from among the insurers authorized to transact and actually transacting that kind and class of insurance in this state or has been procured to the full extent such insurers are willing to insure;
c. A surplus line transaction conducted in accordance with 15 U.S.C. § 8205 may be exempt from the diligent effort requirement;
d. The insurance must not be procured for the purpose of securing advantages as to a lower premium rate than would be accepted by an authorized insurer; and
e. This section, and this surplus line law, does not apply as to life insurance or disability insurance.
(2) The insurance contracts are issued to an industrial insured, defined as an insured:
a. Which procures the insurance of any risk by use of services of a full-time employee acting as an insurance manager or buyer or the services of a regularly and continuously retained, qualified insurance consultant;
b. Whose aggregate annual premiums for insurance on all risks other than workers’ compensation and group insurance total at least twenty-five thousand dollars ($25,000); and
c. Which has at least 25 employees.

Legislative History

(Acts 1963, No. 521, p. 1112, §7; Acts 1971, No. 407, p. 707, §195; Act 2024-71, §2.)