In the third episode of our Surplus Lines 360 series, John Emmanuel and Zachary Lerner unpack one of the hottest regulatory topics in surplus lines: group insurance. Learn how affiliated and unaffiliated groups are treated under the NRRA, why “home state” determination drives compliance and tax obligations, and the state-by-state rules that can make or break a group structure.
Read More Demystifying Surplus Lines Group InsuranceExcess and Surplus Lines
Understanding the Surplus Lines Broker’s Role: Key Responsibilities and Regulatory Insights
By John Emmanuel & Zachary Lerner on
Posted in Excess and Surplus Lines
Join Troutman Pepper Locke Partners John Emmanuel and Zachary Lerner as they break down the critical role of surplus lines brokers in insurance transactions. Learn the distinctions between admitted and surplus lines markets, the unique responsibilities brokers shoulder, and the regulatory requirements that shape their relationships with agents. Gain practical insights into enforcement actions and the importance of careful delegation in surplus lines placements.
Read More Understanding the Surplus Lines Broker’s Role: Key Responsibilities and Regulatory InsightsIntroducing Surplus Lines 360
By John Emmanuel & Zachary Lerner on
Posted in Excess and Surplus Lines
Join Troutman Pepper Locke Partners John Emmanuel and Zachary Lerner as they kick off Surplus Lines 360, a series that demystifies the evolving landscape of surplus lines insurance. In this video, discover what surplus lines are (and are not), how eligibility works for both domestic and alien insurers, the regulatory dynamics between state and federal oversight, and the expanding reach of surplus lines into other coverage areas.
Read More Introducing Surplus Lines 360Practical Licensing Challenges & Solutions for Producers, Brokers, Adjusters & Other Intermediaries
By Zachary Lerner on
Posted in Excess and Surplus Lines
This article was originally published on Insurance Journal and is republished here with permission as it originally appeared on November 3, 2025.
Anyone in the insurance brokerage world generally knows the three magic words that require an insurance producer license: the “sale,” “solicitation,” or “negotiation” of insurance. For too many, this is the end of the equation. Most state insurance codes do not expand on what these words truly mean beyond providing general definitions derived in whole or in part from the Producer Licensing Model Act (PLMA) promulgated by the National Association of Insurance Commissioners (NAIC). As a result, the market is saturated with inconsistent treatment of licensing practices, both at the individual and entity levels.
Read More Practical Licensing Challenges & Solutions for Producers, Brokers, Adjusters & Other IntermediariesWhen Surplus Lines Brokers Are Off the Hook: Connecticut Department Issues Bulletin on New Diligent Effort Exception
By Matt Cossu* & John Emmanuel on
On October 10, 2025, the Connecticut Department of Insurance (the Department) issued Bulletin SL-6 (the Bulletin) to restate the requirements generally applicable to surplus lines placements, and to advise that the diligent effort exception established by Public Act 25-87, effective October 1, 2025, only applies to surplus lines brokers when they procure insurance coverage through an unaffiliated wholesale broker. The Bulletin additionally supersedes and rescinds Connecticut Bulletins SL-3 and SL-5.
Read More When Surplus Lines Brokers Are Off the Hook: Connecticut Department Issues Bulletin on New Diligent Effort ExceptionFlorida Bill Eliminating the Surplus Lines Diligent Effort Requirement and a Discussion on Surplus Lines Regulation Trends
By Zachary Lerner on
On June 13, Florida Gov. Ron DeSantis signed House Bill 1549 into law. Among other things, the bill has removed the “diligent effort” requirement applicable to surplus lines agents.
Read More Florida Bill Eliminating the Surplus Lines Diligent Effort Requirement and a Discussion on Surplus Lines Regulation Trends2025 Excess and Surplus Lines Law Manual
By Troutman Pepper Locke on
Posted in Excess and Surplus Lines
We are happy to provide the 2025 update to the Troutman Pepper Locke LLP Excess and Surplus Lines Law Manual. 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 click below to download a pdf of the entire manual.
Read More 2025 Excess and Surplus Lines Law ManualJoin Us for Our Next InsurTech Legal Academy Webinar: A Deep Dive Into Producer, Adjuster and Reinsurance Intermediary Licensing Regimes
By Zachary Lerner & Moya McKenna on
Join Locke Lord, InsurTechNY and InsurTech Hartford for their next InsurTech Legal Academy webinar series on common licensing issues that InsurTechs face when starting up or expanding their insurance-related activities. Expectations differ between the various states, as well as the NAIC, regarding what activities do and do not require insurance producer and surplus lines broker licensure (both on an individual and entity level). Moreover, even if an InsurTech is not making a final decision on whether to accept or deny a claim, it may “cross the line” into licensable activity as well. Zach and Moya will also touch on nuances in the reinsurance intermediary space as well, which differ substantially from insurance producer licensing standards in a number of states.
Read More Join Us for Our Next InsurTech Legal Academy Webinar: A Deep Dive Into Producer, Adjuster and Reinsurance Intermediary Licensing Regimes
Excess and Surplus Lines Law Manual 2024 Update
By John Emmanuel & Zachary Lerner on
We are happy to provide the 2024 edition of our Excess and Surplus Lines Law Manual. 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. The website provides you with the ability to click on the states and territories of interest to view the updates, and a PDF of the entire manual.
Read More Excess and Surplus Lines Law Manual 2024 Update
A Deep Dive into the Diligent Effort (Search) Requirement
By Zachary Lerner on
The excess and surplus lines insurance market is a rapidly-growing avenue for the placement of insurance policies in the United States. Many alien (non-U.S.) insurance carriers write surplus lines insurance coverage via their inclusion on the NAIC IID Quarterly Listing of Alien Insurers, and there has been exponential growth in the formation of “domestic surplus lines insurers” that are U.S.-based insurers authorized for the express purpose of writing only surplus lines insurance.
Read More A Deep Dive into the Diligent Effort (Search) Requirement