General Information:

  1. Kansas maintains a list of eligible surplus lines insurers (see Other Comments section #1).
  2. Kansas does not have a Surplus Lines Association.
  3. Kansas does not have an Export List.
  4. Kansas does have an industrial insured exemption for captive insurers only (see Appendix C) and also recognizes the NRRA Exempt Commercial Purchaser exemption.
  5. Surplus lines tax: ‎3% (effective Jan. 1, 2024), payable by broker.‎
  6. Kansas does not allow the formation of domestic surplus lines insurers in the state.

Eligibility and Filing Requirements (All Insurers):

None. There is a $200 fee to be added to the State’s eligibility list.

Eligibility and Filing Requirements (Alien Insurers Only):

Must be listed on the IID List.

Eligibility and Filing Requirements (Foreign Insurers Only):

  1. Capital and Surplus: equal to or greater than $4,500,000.
  2. Authorized to write in its home jurisdiction.

Types of Insurance Exempted from Surplus Lines Regulation:

None.

Other Comments or Requirements:

  1. Kansas eligibility list available at https://insurance.ks.gov/desktop/files/SLTax/SL-Listed-Cos.pdf.
  2. Non-admitted insurers cannot write primary automobile, medical malpractice for Kansas defined health care providers, e.g., workers’ compensation, and any coverages which can be placed in the Kansas Fair Plan.
  3. Requirements and license application for non-resident surplus lines brokers may be obtained from the Kansas Insurance Department’s website at https://insurance.kansas.gov/surplus-excess-lines/.
  4. Any policy issued under the provisions of Kansas surplus lines law shall have stamped or endorsed in a prominent manner thereon, the following:
    “This policy is issued by an insurer not authorized to do business in Kansas and, as such, the form, financial condition and rates are not subject to review by the Commissioner of insurance and the insured is not protected by any guaranty fund.”
  5. The “Self-Procured Insurance Tax Report For Surplus Lines Coverage” form for insurance procured directly by an insured from a nonadmitted insurer can be found at: EL-self-procured-reporting-form.pdf (ks.gov).