Welcome to the 26th edition of the Troutman Pepper Locke LLP Excess and Surplus Lines Law Manual. Updated for 2026, this edition reflects all of the pertinent changes in the surplus lines laws and regulations of the 50 states and U.S. territories during the past year. You can use the links below to download a complete PDF of the manual or navigate directly to specific state or territory updates on our website.
Read More 2026 Excess and Surplus Lines Law ManualCalifornia Intervenor Reforms Move to Final Review as CDI Submits Proposition 103 Rulemaking
By Alan Levin, Dani D'Annunzio* & on
Posted in California Developments, United States
On April 20, 2026, the California Department of Insurance (CDI) announced that it has submitted its Intervenor and Administrative Hearing Bureau Fairness and Accountability rulemaking package to the Office of Administrative Law (OAL) for final review. CDI describes this package as the most significant modernization of California’s intervenor system since Proposition 103 was enacted in 1988.
Read More California Intervenor Reforms Move to Final Review as CDI Submits Proposition 103 RulemakingConnecticut Insurance Commissioner Appointed
By Theresa Feliciano & Alan Levin on
The Connecticut State Senate confirmed Josh Hershman as the insurance commissioner on April 8, 2026. Hershman has served as interim insurance commissioner since December 12, 2025.
Read More Connecticut Insurance Commissioner AppointedWhat New Fla. Citizens Bill Means for Surplus Lines Insurers
Posted on
Posted in Excess and Surplus Lines, Florida Developments
This article was originally published on Law360 and is republished here with permission as it originally appeared on April 7, 2026.
On March 17, after much debate in both the house and the senate, S.B. 1028, which establishes both an admitted and a surplus lines commercial risk clearinghouse, was enrolled…
Read More What New Fla. Citizens Bill Means for Surplus Lines InsurersHome State Definition
By Zachary Lerner & on
Posted in Excess and Surplus Lines
In the eighth episode of our Surplus Lines 360 series, John Emmanuel and Zachary Lerner explore the definition of “home state” under the Nonadmitted and Reinsurance Reform Act (NRRA) — how it applies, the complexities of group policies, and the nuances of exposure based on risk location.
Read More Home State DefinitionNAIC Signals Potential Tightening of Annuity Illustration Practices
By Paige Waters on
Regulatory Landscape
In 2026, the NAIC Life Insurance and Annuities (A) Committee, chaired by Iowa and vice chaired by Michigan, is largely focusing on annuity sales practices, including annuity buyers guides, suitability, and annuity illustrations. Of particular interest to the life and annuity industry is the formation of the Life Insurance and Annuities Illustrations (A) Working Group (Working Group) chaired by Minnesota. The Working Group’s current charge is to “evaluate concepts for improving life insurance and annuity illustrations and disclosures, and consider revisions to relevant NAIC models or develop other guidance where feasible and appropriate.” The Working Group has asked for input on how to ensure that indexed annuity illustrations give consumers reasonable expectations, after regulators observed materials suggesting annual returns of 10–25% for multiple years. The comment record — including responses from industry trades, actuarial bodies, consumer advocates, and vendors — strongly suggests that current practices around indexed annuity illustrations and disclosures will be revisited. The Working Group is considering short-term and long-term approaches designed to ensure consumers receive reasonable expectations for indexed annuity returns at the point of sale.
Read More NAIC Signals Potential Tightening of Annuity Illustration PracticesThings Every Policy Needs
By Zachary Lerner & on
Posted in Excess and Surplus Lines
In the seventh episode of our Surplus Lines 360 series, Zachary Lerner discusses what must be included in every surplus lines insurance policy: stamping language, service of suit clauses, and cancellation or non-renewal provisions.
Read More Things Every Policy NeedsFlorida Clears the Way for Commercial Surplus Lines Placements
By Matt Cossu* & on
On March 4, 2026, the Florida Senate approved Senate Bill 1028 (SB 1028), introduced by Senator Joe Gruters, which would establish both an admitted and a surplus lines clearinghouse for Citizens Property Insurance commercial policies. SB 1028, and its companion House Bill 943, were introduced on December 30, 2025, and have quickly made their way through both houses of the legislature. The Florida Legislature created Citizens Property Insurance Corporation (Citizens), a nonprofit windstorm and general property insurer of last resort, in 2002.[1]
Read More Florida Clears the Way for Commercial Surplus Lines PlacementsNY DFS Hosts Webinar on MFA Requirements
By Theodore Augustinos on
Key Point: Under the revised NYDFS Cybersecurity Regulation, covered entities must implement and enforce MFA for all access to all information systems — not just adopt MFA tools — and carefully document any CISO-approved compensating controls. Given the November 1, 2025 effective date of the new, expanded MFA requirement, and the annual certification of compliance for 2025 due April 15, 2026, now is the time for covered entities to review carefully their compliance in view of the NYDFS interpretations and guidance.
Read More NY DFS Hosts Webinar on MFA RequirementsFifth Circuit Holds TCPA Does Not Require Prior Express Written Consent for Telemarketing Calls
By Brian Hays & Virginia Bell Flynn on
Posted in Insurance
In Bradford v. Sovereign Pest Control of Texas, Inc., the U.S. Court of Appeals for the Fifth Circuit held that the Telephone Consumer Protection Act (TCPA) does not require “prior express written consent” for telemarketing calls that use artificial or pre-recorded voice messages. Instead, the court concluded that the TCPA requires only “prior express consent,” which may be provided orally or in writing.
Read More Fifth Circuit Holds TCPA Does Not Require Prior Express Written Consent for Telemarketing Calls