- Nevada does not maintain a list of eligible surplus lines insurers (see Other Comments section #1).
- Nevada does have a Surplus Lines Association (see Other Comments section #2).
- Nevada does have an Export List (see Other Comments section #1).
- Nevada does have an industrial insured exemption (see Appendix C) which will remain in effect. Nevada has also incorporated the NRRA exempt commercial purchaser exemption.
- Surplus lines tax: 3.5%, payable by broker, plus .4% stamping fee applicable to all premiums (Penalty of $500 for “failure to pay taxes” within 45 days after the quarter ends).
- On June 29, 2012, Nevada submitted a notice of withdrawal from NIMA. On July 2, 2012, Nevada released Bulletin 12-005 indicating it will collect 100% of the non-admitted insurance premium tax when Nevada is the home state of the insured. Where Nevada is not the home state of the insured, no premium tax filing in Nevada will be required.
- Nevada does not allow domestic surplus lines insurers in the state.
Eligibility and Filing Requirements (All Insurers):
The Nevada Division of Insurance no longer has the authority to maintain a list of eligible insurers and there are no requirements that a foreign or alien insurer must meet other than the objective eligibility criteria specified in the Nonadmitted and Reinsurance Reform Act of 2010 (NRRA) and reaffirmed in Chapter 685A of NRS, as amended by Senate Bill 289.
Eligibility and Filing Requirements (Alien Insurers Only):
A broker may not place surplus lines insurance with an alien insurer, unless the alien insurer is listed on the Quarterly Listing of Alien Insurers maintained by the NAIC, or, if the alien insurer is not listed on the Quarterly Listing of Alien Insurers, it has and maintains in a bank or trust company which is a member of the US Federal Reserve System a trust fund established pursuant to terms that are reasonably adequate to protect all of its policyholders in the US. Such a trust fund must not have an expiration date which is at any time less than 5 years in the future, on a continuing basis.
Eligibility and Filing Requirements (Foreign Insurers Only):
- A surplus lines broker may place insurance with a nonadmitted foreign insurer if:
• The insurer is authorized to place that type of insurance in its domiciliary jurisdiction; and
• The insurer has capital and surplus, or its equivalent under the laws of its domiciliary jurisdiction, that is the greater of the minimum capital and surplus requirements under the laws of this state or $15 million.
- The insurance commissioner may waive the minimum capital and surplus requirements for unauthorized foreign insurers if the commissioner makes an affirmative finding of acceptability after considering: quality of management, capital and surplus of a parent company, company underwriting profit and investment trends, market availability, and company record and reputation within the industry. The commissioner may not make a finding of acceptability if the insurer’s capital and surplus is under $4.5 million. NRS 685A.070(3).
Types of Insurance Exempted from Surplus Lines Regulation:
- Wet marine and transportation insurance.
- Insurance on subjects located, resident, or to be performed wholly outside of Nevada or on vehicles or aircraft owned and principally garaged outside Nevada.
- Insurance of property and operations of railroads engaged in interstate commerce.
- Insurance of aircraft of common carriers, or cargo of such aircraft, or against liability, other than employer’s liability, arising out of the ownership, maintenance, or use of such aircraft.
- Insurance of automobile bodily injury and property damage liability risks when written by Mexican insurers and covering Mexican, but not U.S. risks.
Other Comments or Requirements:
- Nevada export list available at www.nsla.org/Export_List/Export_List.aspx. There is also a list of coverages that are ineligible for automatic export at http://www.nsla.org/Ineligible_For_Export_List/Ineligible_For_Export_List.aspx.
- Contact information for the Nevada Surplus Lines Association is as follows:
Lynn L. Twaddle, Executive Director
Nevada Surplus Lines Association
6490 S. McCarran Blvd.
Building D-2 #39
Reno, Nevada 89509
Tel.: (775) 826-7898
Fax.: (775) 826-7003
- Each insurance contract procured and delivered as a surplus lines coverage must have conspicuously stamped upon it:“This insurance contract is issued pursuant to the Nevada insurance laws by an insurer neither licensed by nor under the supervision of the Division of Insurance of the Department of Business and Industry of the State of Nevada. If the insurer is found insolvent, a claim under this contract is not covered by the Nevada Insurance Guaranty Association Act.”