Compliance with state regulatory requirements is a crucial component of a successful business. WSIA has compiled resources we believe can be helpful in establishing your own successful compliance practices. The below resources are meant to help supplement information and practices you have already established with your internal and external compliance professionals.
WSIA State Topical Compliance Charts
WSIA maintains the following state-by-state comparison charts as general resources to assist members as they navigate their way through compliance requirements around the country.
Identifies state guidance when determining the home state of affiliated groups to determine the state of jurisdiction for regulation and taxation of the surplus lines insurance policy. (Updated May 2018)
Affiliated Groups (PDF)
Affiliated Groups Excel download
References state regulatory guidance regarding when surplus lines policies are subject to state cancellation and nonrenewal requirements, cites applicable exemptions, and details relevant notification timeline requirements. (Updated August 2021)
Cancellation/Nonrenewal Excel download
Identifies state requirements for determining the eligibility of domestic, foreign and alien nonadmitted insurance companies, including “white list” requirements and filing/renewal fees. (Updated June 2021)
Carrier Eligibility (PDF)
Carrier Eligibility Excel download
Identifies state laws that pertain to data security requirements for licensees and includes applicable provisions and deadlines that licensees must comply with including deadlines for implementing a cybersecurity program, certifying third-party compliance with the cybersecurity program, days required before the regulator must be notified of a breach and certain exemptions that may be available. (Updated August 2021)
Data Security (PDF)
Data Security Excel download
Identifies required procedures for performing a diligent search of the admitted market before a surplus lines broker may place insurance in the nonadmitted market and guidance on declinations, documenting the search effort and exceptions to the diligent search requirements including export lists. (Updated July 2021)
Diligent Effort (PDF)
Diligent Effort Excel download
Identifies mandatory state disclosure requirements for surplus lines policies including technical instructions, specific language and whether or not the disclosure requires notice of not guaranty fund coverage. (Updated June 2021)
Disclosures Excel download
Identifies states that have developed, or are authorized to develop, surplus lines “export lists.” Export lists are developed by states allow for the export of a risk to the nonadmitted market, without performing a diligent search of the admitted market. Typically, risks are only included on export lists when they are readily determined to be unavailable in the admitted market. The chart also identifies state procedures and timing for amending and updating their export lists. (Updated January 2021)
Export Lists (PDF)
Export Lists Excel download
Tax Filing and Reporting Procedures
Identifies dues dates for state surplus lines tax filings and reporting requirements, state tax rates and additional fees, links to instructions and forms, information about zero premium reporting requirements and information about the permissibility of courtesy filings. (Updated July 2021)
Tax Filing and Reporting Procedures (PDF)
Tax Filing and Reporting Procedures Excel download
Identifies state guidance and restrictions regarding the ability of a wholesale insurance broker to charge fees in addition to the surplus lines premium, including state guidance related to broker, policy, inspection, service or any other fees as they pertain to the wholesale broker. The chart also includes guidance related to which fees are taxable. (Updated April 2021)
Wholesale Fees (PDF)
Wholesale Fees Excel download
Please note that these materials are intended to serve as reference tools and should not be relied upon as definitive source or as substitutes for your own thorough review of the applicable laws, regulations, rules, bulletins, or other materials published by relevant state or federal governments or agencies. These materials are also not a substitute for legal advice on the subject matter.
Producer Licensing Resources
WSIA recommends a variety of resources to help members establish or review producer licensing practices.
NAIC Producer Licensing Webpages
- The State Licensing Handbook resource can be utilized by both the regulators and the industry. There are discussions and specific references to surplus lines brokers (producers, agents, etc.) and how the Task Force developed recommendations for licensing related to the surplus lines transaction.
- The Licensable vs. Non-Licensable Activities chart, found in the Handbook on pages 255-256 (pages 262-263 of the PDF), reviews which activities the NAIC recommends be viewed as licensable and which ones should be considered clerical, non-licensable for producer licensing.
- It may also be helpful to review the NAIC’s Producer Licensing Model Act (PLMA). This copy of the Act also notes the states that have adopted it and the statutes and bulletins associated for it with each state.
- Offers state specific details for resident and non-resident licensing for all types of insurance producer/business entity licenses. We especially recommend visiting the Licensing Center and looking at the State Requirements & Contacts Information tab.
- Published by National Underwriter on an annual basis, WSIA recommends this resource and its online chart to help identify the applicable law in the insurance code for each state.
Additional Compliance Resources
- COVID-19 Moratoriums (updated regularly)
- The Locke Lord Law Firm maintains a comprehensive surplus lines topical resource which is updated each year. This is a great resource to look to when working to identify some of the basis requirements for each state. Access the Excess and Surplus Lines Law Manual here.
- Any member with questions or in need of assistance with regulatory or compliance issues should contact Keri Kish, [email protected], or John Meetz, [email protected].