- Pennsylvania maintains a list of eligible surplus lines insurers (see Other Comments section #1).
- Pennsylvania does have a Surplus Lines Association (see Other Comments section #4).
- Pennsylvania does have an Export List (see Other Comments section #7).
- Pennsylvania does have an industrial insured exemption (40 P.S. 46 (e)(6)). Additionally, Pennsylvania has adopted the NRRA exempt commercial purchaser exemption (40 P.S. §991.1610).
- Surplus lines tax: 3% on gross premiums less any returns, plus a non-refundable, annual stamping fee of $20 per original filing subject to additional stamping fees for late or incomplete filings. Neither the additional fee for a late or incomplete filing may be passed on to the insured (Additional stamping fee of $25 applies to late filing and additional stamping fee of $50 applies to a filing with missing producer affidavit).
- Pennsylvania has not affiliated with any existing compact (SB 1096). Pennsylvania taxes 100% of the premium when Pennsylvania is deemed to be the home state.
- Pennsylvania does not allow domestic surplus lines insurers in the state.
Eligibility and Filing Requirements (Alien Insurers Only):
The following qualification must be met by those alien companies seeking surplus lines eligibility (See Section 1605 of the Insurance Company Law (40 P.S. Section 991.1605)):
The company is listed on the Quarterly List of Alien Insurers maintained by the International Insurers Department of the National Association of Insurance Commissioners (“NAIC”).
If the company meets the above qualification, the following item should be provided:
A written request for surplus lines eligibility to include documentation evidencing listing by the NAIC.
Eligibility and Filing Requirements (Foreign Insurers Only):
The following qualifications must be met by those foreign (U.S.) surplus lines companies seeking surplus lines eligibility (See Section 1605 of the Insurance Company Law (40 P.S. Section 991.1605)):
- Is authorized to write the type of insurance in its domiciliary jurisdiction; and
- Has capital and surplus or its equivalent under the laws of its domiciliary jurisdiction which is greater than or equal to $15,000,000.
The requirement of paragraph 2 may be satisfied by an insurer’s possessing less than the minimum capital and surplus upon an affirmative finding of acceptability by the Commissioner. The finding shall be based upon such factors as quality of management, capital and surplus of any parent company, company underwriting profit and investment income trends, market availability and company record and reputation within the industry. In no event will the Commissioner make an affirmative finding of acceptability when the nonadmitted insurer’s capital and surplus is less than $4,500,000.
If the company meets the above qualifications, the following items should be provided:
- A written statement by an officer of the insurer identifying the kinds of insurance coverages the insurer intends to write and the types of risks the insurer intends to insure in Pennsylvania.
- A copy of the certificate of authority of the insurer or similar document setting forth its authority to issue policies and insure risks in the jurisdiction in which the insurer is incorporated, formed or organized.
- A copy of the jurat page from the latest annual financial report or statement of the insurer signed by the officers of the insurer and filed with the insurance regulatory authority or other governmental authority in the jurisdiction in which the insurer is incorporated, formed or organized. If this is not sufficient for the PA DOI’s purposes, the insurer should be prepared to send the entire financial report upon request.
Types of Insurance Exempted from Surplus Lines Regulation:
- Wet marine and transportation insurance which includes:
• Insurance upon vessels, crafts or hulls and of interests therein or with relation thereto.
• Insurance of marine builder’s risks, marine war risks and contracts of marine protection and indemnity insurance.
• Insurance of freights (cargo) and disbursements pertaining to a subject of insurance coming within this definition.
• Insurance of personal property and interest therein, in the course of exportation from or importation into any country, or in the course of transportation coastwise or on inland waters, including transportation by land, water or air from point of origin to final destination, in connection with any and all risks or perils of navigation, transit or transportation, and while being prepared for and while awaiting shipment, and during any delays, transshipment or reshipment incident thereto.
- Life insurance and annuities.
- Independently procured insurance.
- Coverage obtained from risk retention groups under the Risk Retention Amendments of 1986.
Other Comments or Requirements:
- Pennsylvania eligibility list available at https://www.pasla.org/eligible_insurers_overview.htm.
- Surplus lines insurer must advise state of any pending litigation in the United States involving an insurance department.
- Sec. 1606 of Pennsylvania surplus lines law allows for the export of a portion not to exceed 25% of a risk to a non-admitted insurer which does not appear on the Department’s eligible surplus lines list.
- Contact information for the Pennsylvania Surplus Lines Association is as follows:
Marie Rudert, Executive Director
Pennsylvania Surplus Lines Association
180 Sheree Boulevard, Suite 3100
Exton, Pennsylvania 19341
Tel.: (610) 594-1340
Fax.: (610) 594-7623
E-mail: [email protected]
- Every evidence of insurance negotiated, placed or procured by the surplus lines licensee must bear the name of the licensee and the following legend in 10-point type:
“The insurer which has issued this insurance is not licensed by the Pennsylvania Insurance Department and is subject to limited regulation. This insurance is NOT covered by the Pennsylvania Property and Casualty Insurance Guaranty Association.”
- Under Bulletin B-2012-9-11, for placements effective 1/1/2013, the producing broker, representing the insured in a given transaction, is no longer required to list on the 1609-PR form the minimum of three licensed carriers who have declined the risk as defined. The laws have not changed, but the affidavit form has been revised. The compliance requirements as stated in Section 1609 of the Pennsylvania Surplus Lines Law as amended July 1, 2011 and Section 124.5 of the Regulations that support the Law continue to require evidence of declinations documented in the producing broker’s file in the event of future request.
- Pennsylvania changed the filing requirement which must be made within 45-calendar days after the placement of an insurance coverage that appears on the state’s most recent Export List. The change replaces the old requirement that the surplus lines licensee needed to file with the PA DOI a copy of the declaration page of the policy, cover note, binder or other evidence of insurance delivered by the surplus lines licensee with the word “EXPORT” stamped in red letters in the upper right hand corner. It is now only required to file a written declaration reporting the transaction on a form prescribed by the PA DOI (Form 1604-E). The Export List can be found at: https://www.pasla.org/efs_kindclass.htm
- In 2014 Pennsylvania updated 31 PA. Code Ch. 124, implementing changes that will reduce required documentation for foreign insurers to demonstrate eligibility. The Pennsylvania DOI will rely more on information available through the NAIC ISITE system. In addition to their Certificate of Authority, foreign insurers only need to submit their jurat page to the Pennsylvania DOI. The updated code also clarifies how a producer should document its diligent search effort in the placement of a policy.