With the increasing demand for niche, specialty insurance products driven in part by the “InsurTech” wave permeating the insurance underwriting, distribution and claims handling components of the commercial and personal lines insurance industry, excess and surplus lines insurance has become more popular than ever. Surplus lines insurance companies are not typically “admitted” in the U.S. jurisdictions where they place insurance policies, but rather are “eligible” to write insurance pursuant to the provisions of the Nonadmitted and Reinsurance Reform Act of 2010 (NRRA) and as further regulated under applicable state insurance law.
Traditionally, there have been two methods for an insurance company to gain surplus lines eligibility. One method, with respect to alien (non-U.S.) insurance companies is to obtain inclusion on the Quarterly Listing of Alien Insurers maintained by the National Association of Insurance Commissioners (NAIC). The second option is to become licensed as an admitted insurer in at least one U.S. jurisdiction whereby such company may write surplus lines insurance business in all other states as long as certain eligibility criteria are satisfied.
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