New York Senate Bill S769A (the “Bill”) has failed to move in the New York Assembly despite its passage by the Senate and therefore is unlikely to become law in 2019.
Read More LL Surplus Lines Series (Entry 13): New York Diligent Search Reformation Bill Unlikely to Pass this Year
Excess and Surplus Lines
Common Misconceptions About Risk Purchasing Groups
By Zachary Lerner & Troutman Pepper Locke on
Posted in Excess and Surplus Lines, United States
When Congress passed the Federal Liability Risk Retention Act of 1986 in response to skyrocketing insurance premiums being charged for, and the lack of available, commercial liability insurance, a new regime was born.
Read More Common Misconceptions About Risk Purchasing Groups
LL Surplus Lines Series (Entry 12): Florida Embraces Surplus Lines Modernization
By Troutman Pepper Locke on
On Tuesday, June 18th, Florida Gov. Ron DeSantis signed into law House Bill 301 (the “Bill”), an insurance omnibus package aimed at modernizing the state’s surplus lines industry.
Read More LL Surplus Lines Series (Entry 12): Florida Embraces Surplus Lines Modernization
Locke Lord QuickStudy: Excess Lines Association of New York Publishes Guidance on New York Group P&C Policies
On June 17th, the Excess Lines Association of New York (“ELANY”) published Bulletin No. 2019-19 (the “Bulletin”) detailing New York’s substantial restrictions on group property and casualty insurance policies. The Bulletin echoes some of the remarks at the most recent Surplus Lines Law Group Meeting where this author provided details on the growing regulatory concerns as to group P&C policies.
Read More Locke Lord QuickStudy: Excess Lines Association of New York Publishes Guidance on New York Group P&C Policies
LL Surplus Lines Series (Entry 11): Vermont authorizes Domestic Surplus Lines Insurers; Standardizes Premium Tax rates; Repeals SLIMPACT
By Zachary Lerner & Troutman Pepper Locke on
Posted in Excess and Surplus Lines, United States
On June 10, 2019, Governor Phil Scott of Vermont signed Senate Bill 131 (the “Bill”) into law, permitting domestic surplus line insurers to offer and sell surplus lines insurance under a surplus lines certificate of authority in the state. Imitation is the sincerest form of flattery, and as mentioned in our previous post found here, Nevada passed similar legislation earlier this month.
Read More LL Surplus Lines Series (Entry 11): Vermont authorizes Domestic Surplus Lines Insurers; Standardizes Premium Tax rates; Repeals SLIMPACT
LL Surplus Lines Series (Entry 10): Nevada Joins List of Domestic Surplus Lines Insurer States; Revises Broker Fee Statute; Other Changes
By Zachary Lerner & Troutman Pepper Locke on
Posted in Excess and Surplus Lines, United States
Add Nevada to the growing list of states that have adopted domestic surplus lines legislation. Senate Bill 86 (the “Bill”) was signed into law on June 1, 2019, with most provisions effective October 1, 2019. Of perhaps most significance Is that Nevada will now allow for insurance companies to domesticate in Nevada for the exclusive purpose of writing surplus lines insurance coverage within the state and potentially elsewhere.
Read More LL Surplus Lines Series (Entry 10): Nevada Joins List of Domestic Surplus Lines Insurer States; Revises Broker Fee Statute; Other Changes
LL Surplus Lines Series (Entry 9): Florida and California Make News on Broker and Agent Fees
Earlier this month, Florida passed House Bill 301 to remove the cap on the amount of fees that may be charged by a surplus lines broker in connection with the procurement of surplus lines insurance for a prospective insured. Instead of the old cap of a maximum of $35 per policy, surplus lines brokers will be able to charge any fee that is “reasonable” and disclosed to the insured in advance.
Read More LL Surplus Lines Series (Entry 9): Florida and California Make News on Broker and Agent Fees
LL Surplus Lines Series (Entry 8): Surplus Lines Market Update
By John Emmanuel & Troutman Pepper Locke on
Posted in Excess and Surplus Lines, United States
The surplus lines market saw plenty of growth in 2018 and one-third of the way through 2019 there is no reason to think that the trend won’t continue.
Read More LL Surplus Lines Series (Entry 8): Surplus Lines Market Update
LL Surplus Lines Series (Entry 7): Applicability of Cancellation and Nonrenewal Requirements to Surplus Lines Insurers and recent updates (Attorney Analysis)
By Zachary Lerner & Troutman Pepper Locke on
Posted in Excess and Surplus Lines, United States
Cancellation and nonrenewal requirements applicable to insurance policies exist in every state in the nation. These laws and regulations are founded on the principle that insurance customers should be protected against losing insurance coverage without proper notice and without good reason. As such, many states require that mid-term cancellation of an insurance policy only be effectuated for specific statutorily-defined reasons, and that sufficient advance notice must be given to the insured prior to the cancellation or nonrenewal of an insurance policy.
Read More LL Surplus Lines Series (Entry 7): Applicability of Cancellation and Nonrenewal Requirements to Surplus Lines Insurers and recent updates (Attorney Analysis)
LL Surplus Lines Series (Entry 6): Texas Legislature Considers Bills Clarifying Availability of Wind/Hail Cover from Surplus Lines Carriers
By Troutman Pepper Locke on
Texas’ legislature is considering bills that would amend Texas’ insurance code to clarify that eligible surplus lines insurers may offer windstorm and hail insurance in areas already served by the Texas Windstorm Insurance Association (“TWIA”).
Read More LL Surplus Lines Series (Entry 6): Texas Legislature Considers Bills Clarifying Availability of Wind/Hail Cover from Surplus Lines Carriers