§ 27-3-40. Limitations on placing insurance with approved surplus lines insurers.
(a) Surplus lines insurance may be placed by a surplus lines broker if each insurer is
authorized to write the type of insurance in its domiciliary jurisdiction.
(b) A surplus lines licensee shall not place coverage with a nonadmitted insurer, unless,
at the time of placement, the nonadmitted insurer:
(1) Has established satisfactory evidence of good repute and financial integrity; and
(2) Qualifies under one of the following subparagraphs:
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§ 27-3-40. Limitations on placing insurance with approved surplus lines insurers.
(a) Surplus lines insurance may be placed by a surplus lines broker if each insurer is
authorized to write the type of insurance in its domiciliary jurisdiction.
(b) A surplus lines licensee shall not place coverage with a nonadmitted insurer, unless,
at the time of placement, the nonadmitted insurer:
(1) Has established satisfactory evidence of good repute and financial integrity; and
(2) Qualifies under one of the following subparagraphs:
(i) Has capital and surplus or its equivalent under the laws of its domiciliary jurisdiction
that equals the greater of:
(A) The minimum capital and surplus requirements under the law of this state; or
(B) Fifteen million dollars ($15,000,000); or
(ii) For an insurer not domiciled in the United States or its territories, the insurer
is listed on the quarterly listing of alien insurers maintained by the NAIC international
insurers department or its equivalent.
(c) The capital and surplus requirements of subsection (b)(2)(i) above may be satisfied
by an insurer possessing less than the minimum capital and surplus upon an affirmative
finding of acceptability by the commissioner. The finding shall be based upon such
factors as quality of management, capital and surplus of any parent company, company
underwriting profit and investment income trends, market availability, and company
record and reputation within the industry. In no event shall the commissioner make
an affirmative finding of acceptability when the nonadmitted insurer's capital and
surplus is less than four million five hundred thousand dollars ($4,500,000).
(d) The commissioner is authorized to enter into a multistate surplus lines agreement
to establish additional and alternative nationwide uniform eligibility requirements
that shall be applicable to nonadmitted insurers domiciled in another state or territory
of the United States.