Industry Issues | Surplus Lines Reform

DoddFrankSurplus_020711

APCIA Advocacy Takes Strategic Approach Regarding Nonadmitted and Reinsurance Reform Act (NRRA)

The "Dodd-Frank Wall Street Reform and Consumer Protection Act" (DFA), incorporated significant changes for surplus lines regulation through the Nonadmitted and Reinsurance Reform Act (NRRA). Read summary.

The enactment of the long-awaited Nonadmitted and Reinsurance Reform Act will bring about the APCIA-supported streamlining of the compliance aspects of the surplus lines insurance market and the resolution of conflicting state laws governing the placement, tax payment and allocation of premium for multistate surplus lines risks.

APCIA is taking a strategic approach to this issue and will continue to work closely with state legislatures, insurance departments and the NAIC to achieve uniform standards consistent with both the spirit and the letter of the act.

For questions about surplus lines or the NRRA, please contact David Kodama, assistant vice president, research.

Latest News

South Carolina Senate Committee Considers Amendment to Med Mal JUA Legislation
APCIA files comment letter related to required JUA membership as condition for maintaining surplus lines insurer eligibility in state.

Nebraska Enacts Legislation to Permit Domestic Surplus Lines Insurers
Nebraska Legislative Bill 469 permits authorization of nonadmitted insurers domiciled in Nebraska to operate as domestic surplus lines insurers.

Texas Stamping Office Updates Surplus Lines Insurers on 2019 Policy Count Data Call
The SLTX reports that it will continue to facilitate the industry response to the TDI annual policy count data call. 

Texas Legislature to Consider Surplus Lines Bills
HB 1940 relates to windstorm coverage in certain counties; SB 826 addresses credit for surplus lines premium tax; and, HB 1306 would eliminate diligent effort requirement for private flood.

Louisiana Updates Filing Instructions for Surplus Lines Insurers
The Louisiana Department of Insurance has posted updates to instructions previously revised for the annual filing requirements applicable to surplus lines insurers.

State Implementation: Legislation & Regulation

Bulletins & News Releases  | View all 

Marijuana/Cannabis: Industry News - Legalized marijuana: Opportunity or time bomb? (Part 1)
See also, Examining the risks of legalized marijuana (Part 2)Finding the opportunities in legalized marijuana (Part 3)

Autonomous Vehicles: March 2019 Update
Summary of legislative and regulatory activity on Autonomous Vehicles at the state and federal levels as well as a "news and notes" section containing links to studies and articles related to self-driving technology.

A.M. Best Report Explores Cannabis-Related Opportunities, Risks for Insurers
“Cannabis: New Opportunities for Insurers, But With Burgeoning Risks” reviews the insurance implications of expanded state availability of medical and legalized recreational marijuana.

Broker Fees: Industry News - Things to Consider When Charging Broker Fees
Fees are subject to two overriding rules: (1) they must be fully disclosed to the insurance buyer and (2) they must be reasonable. 

Marijuana/Cannabis: Industry News - Legal cannabis regulation picks up steam
The number of U.S. states with legalized recreational-use cannabis could increase to 14 or 15 by the end of 2019, up from 10, plus the District of Columbia, at the end of 2018.

Cyber Insurance: Industry News - Cyber Coverage Faces Legal Challenges as Foreign Attackers Step Up Their Game
With aggressive new foreign attacks on businesses and government agencies in the U.S., there are obvious business interruption and data security concerns.

Federal Updates & Legislation  | View all

FDA Updates Guidance for Cannabis Products, New Warning Letters, and Announcement of Public Hearing
Press release reinforces FDA position that it is unlawful to introduce food with added CBD or THC into interstate commerce, or to market CBD and THC dietary supplements.

NAIC Exposes Private Flood MCAS Blank for Comment
Private flood insurance line of business to be added to the NAIC Market Conduct Annual Statement, initial collection of data would begin in 2021 for 2020 data.

House Financial Services Committee Passes Marijuana Safe Harbor Bill, Including for Insurers
H.R. 1595 to include an amendment expanding to insurers a safe harbor to provide financial services directly to cannabis-related legal businesses in states that have legalized marijuana in some form.

US Treasury Opens Reporting Portal for Terrorism Data Calls
The portal for the 2019 federal terrorism data call will open on April 1. Treasury will conduct instructional webinars on responding to the data call in early April.

2019 State Terrorism Data Call Exposed for Comment
Proposed new property supplement is scaled back in scope from the 2018 Property Supplement. Comments are due to the states via the NAIC on March 14, 2019.

Marijuana Banking Safe Harbor Discussed By House Financial Services Committee
APCIA working with legislation sponsors to provide for a similar safe harbor for insurers.


Background & Resources | View all

APCIA Cancellation and Nonrenewal Compliance Guide
A collection of recently updated charts on cancellation/nonrenewal laws in each state. Topics include cancellation/nonrenewal for personal and commercial lines, surplus lines requirements and exemptions, renewal notification and premium increase notice requirements.

APCIA Releases 2019 State Tax Guide
The APCIA guide includes a brief summary of significant state tax and fee-related developments in 2018 affecting property/casualty insurers, including surplus lines insurance.

APCIA: Surplus Lines Insurance Primer

A.M. Best Special Report - U.S. Surplus Lines
APCIA distributes this report to APCIA members with special permission from A.M. Best and the WSIA Education Foundation. A.M. Best retains the copyright to the report, and no part of this report may be distributed by any means, in whole or part, without prior written permission from A.M. Best.

Locke Lord LLP - 2019 Excess and Surplus Lines Law Manual
The Excess and Surplus Lines Law Manual is compiled and provided by: Locke Lord LLP (http://www.lockelord.com). For future updates to this publication, or any inquiries concerning this publication, contact John Dearie of Locke Lord LLP at jack.dearie@lockelord.com.