- Utah maintains a list of eligible surplus lines insurers (see Other Comments section #1).
- Utah does have a Surplus Lines Association (see Other Comments section #4).
- Utah does have an Export List (see Other Comments section #1).
- Utah does have an industrial insured exemption applicable for captive insurers only (see Appendix C). Utah does not have any statutory exempt commercial purchaser provisions but does recognize the NRRA exempt purchaser exemption as of 7/21/2011.
- Surplus lines tax: 4.25% (the insurer, all brokers involved in the transaction, and the policyholder are jointly and severally liable for payment). Also, stamping office fee of 0.15%; not applicable to ocean marine insurance.
- Utah adopted NIMA (HB 316); however, the Board of Directors of NIMA voted on April 28, 2016 to discontinue operations and dissolve the NIMA, Inc. organization. No multistate business, renewal or reinstatement transactions effective on or after October 1, 2016 will be accepted through the Surplus Lines Clearinghouse multistate reporting platform. New, renewal or reinstatement transactions on or after October 1, 2016 with exposure in more than one jurisdiction should be reported directly to the home state’s reporting mechanism.
Eligibility and Filing Requirements (All Insurers):
- Renewal fee: $575 due February 15 with invoice.
- Utah does not incorporate any NRRA insurer eligibility provisions, but current law requires unauthorized insurer to be “in substantial compliance with the solvency standards in Chapter 17, Part 6, Risk-Based Capital, or maintain capital and surplus of at least $15,000,000, whichever is greater.” §31A-15-103(6)(e). Therefore, under the NRRA, the NRRA eligibility standards apply in Utah as of July 21, 2011.
Eligibility and Filing Requirements (Alien Insurers Only):
As of July 21, 2011, Utah cannot prohibit placement of surplus lines insurance with a nonadmitted insurer domiciled outside the U.S. if the insurer is listed on the Quarterly Listing of Alien Insurers maintained by the International Insurers Department of the NAIC.
Eligibility and Filing Requirements (Foreign Insurers Only):
A broker may place insurance with a nonadmitted insurer domiciled in a U.S. jurisdiction if:
- The insurer is authorized to write the type of insurance in its domiciliary jurisdiction; and
- The insurer has capital and surplus or its equivalent under the laws of its domiciliary jurisdiction which equals the greater of:
- The minimum capital and surplus requirements under the law of Tennessee; or
The insurance commissioner may waive the minimum capital and surplus requirements above 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.
Types of Insurance Exempted from Surplus Lines Regulation:
Ocean marine insurance.
Other Comments or Requirements:
- Utah eligibility and export lists available at https://insurance.utah.gov/agent/insurers/surplus-lines/.
- For alien insurers to retain eligibility, the company need only continue its NAIC listing.
- Applicant may be required to submit quarterly statements, changes in directors and officers, and updated accounting or financial information during the pendency of the application.
- Utah Surplus Lines Association
Contact: Sylvia Bruno
- A policy issued must include a description of the subject of the insurance and indicate the coverage, conditions, and term of the insurance, the premium charged and premium taxes to be collected from the policyholder, and the name and address of the policyholder and insurer. If the direct risk is assumed by more than one insurer, the policy must state the names and addresses of all insurers and the portion of the entire direct risk each has assumed. All policies issued under the authority of this section must have attached or affixed to the policy the following statement:“The insurer issuing this policy does not hold a certificate of authority to do business in this state and thus is not fully subject to regulation by the Utah insurance commissioner. This policy receives no protection from any of the guaranty associations created under Title 31A, Chapter 28.”