- North Dakota maintains a list of eligible surplus lines insurers (see Other Comments section #1).
- North Dakota does not have a Surplus Lines Association.
- North Dakota does have an Export List.
- North Dakota currently does have an industrial insured exemption which will remain in effect (see Appendix C). Additionally, North Dakota has adopted the NRRA exempt commercial purchaser exemption (26.1-44-01.1(3)).
- Surplus lines tax: 1.75% if the insured’s home state is ND. Properties, risks, or exposures located or to be performed in this state or another state. (26. 1-44-03.1).
- North Dakota has repealed SLIMPACT (HB 1146).
- North Dakota does allow domestic surplus lines insurers in the state.
Eligibility and Filing Requirements (All Insurers):
- Power of Attorney, Affidavit and Data Forms.
- Filing or Other Renewal Fee: $100 (non-refundable application fee); (power of attorney form required upon approval of application).
Eligibility and Filing Requirements (Alien Insurers Only):
Must be listed on NAIC’s Quarterly Listing of Alien Insurers.
Eligibility and Filing Requirements (Foreign Insurers Only):
- Evidence of good repute and financial integrity.
- Capital & Surplus: $15,000,000.
- Annual Statement.
- Report of Examination.
Types of Insurance Exempted from Surplus Lines Regulation:
For Exempt Commercial Purchasers: producer is not required to make a due diligence search if proper disclosure made and purchaser makes a written request for procurement.
Other Comments or Requirements:
- North Dakota eligibility list available through “Look up – One Search” at https://sbs.naic.org/solar-external-lookup/.
Jurisdiction: North Dakota
Search Type: Company
Company Type: Surplus Lines Insurer
- A North Dakota surplus lines producer must provide a report and an affidavit that he has performed a diligent search of the admitted market for placing the surplus lines insurance no later than March first, June first, September first, and December first for the preceding quarter’s placements.
- North Dakota allows a North Dakota domestic insurer to be designated a domestic surplus lines insurer if:• The insurer possesses policyholders’ surplus of at least $15 million;• The designation is in compliance with a resolution of the insurer’s Board of Directors; and• The commissioner has provided written approval of the designation.Domestic surplus lines insurers are subject to compliance with all financial examination and solvency requirements that apply to domestic insurers regarding examinations and reports.
- If the insured’s home state is North Dakota, the surplus lines producer must give the following consumer notice to every person applying for insurance with a nonadmitted insurer. The notice must be printed in sixteen point type on a separate document affixed to the application. The applicant must sign and date a copy of the notice to acknowledge receiving it. The surplus lines producer must maintain the signed notice in its file for a period of five years from expiration of the policy. The surplus lines producer must tender a copy of the signed notice to the insured at the time of delivery of each policy the producer transacts with a nonadmitted insurer. The copy must be a separate document affixed to the policy. “Notice: 1. an insurer that is not licensed in this state is issuing the insurance policy that you have applied to purchase. These companies are called “nonadmitted” or “surplus lines” insurers. 2. The insurer is not subject to the financial solvency regulation and enforcement that applies to licensed insurers in this state. 3. These insurers generally do not participate in insurance guaranty funds created by state law. These guaranty funds will not pay your claims or protect your assets if the insurer becomes insolvent and is unable to make payments as promised. 4. Some states maintain lists of approved or eligible surplus lines insurers and surplus lines producers may use only insurers on the lists. Some states issue orders that particular surplus lines insurers cannot be used. 5. For additional information about the above matters and about the insurer, you should ask questions of your insurance producer or surplus lines producer. You may also contact your insurance department consumer help line.”
- Effective August 1, 2023, North Dakota enacted House Bill 1440 relating to delivery network company insurance requirements. Under the new law, such insurance may be placed with an insurer authorized to do business in North Dakota or with an eligible surplus lines insurer.