July 25, 2011

FAQ’s

Effective July 21, 2011 the Nonadmitted and Reinsurance Reform Act of 2010 (NRRA)  provides that only an insured’s “Home State” may require the payment of premium tax for surplus lines insurance.  http://www.napslo.org/imispublic/PDF/Legreg/NRRAfinal.pdf 

The NRRA subjects the placement of surplus lines insurance solely to the statutory and regulatory requirements of the insured’s Home State.  Therefore, the NRRA mandates that only the insured’s Home State may require a surplus lines broker to be licensed to sell, solicit, or negotiate surplus lines insurance with respect to such insured.

What is the scope of the NRRA?

• The placement of surplus lines insurance is subject to the statutory and regulatory requirements solely of the insured’s Home State.

• The NRRA may not be construed to preempt any State law, rule, or regulation that restricts the placement of workers’ compensation insurance or excess insurance for self-funded workers’ compensation plans with a surplus lines insurer.

• The NRRA does not expand the scope of the kinds of insurance that an insurer may write in the surplus lines insurance market.  Each State continues to determine which kinds of insurance an insurer may write.  In Michigan, surplus lines insurance pertains to all property and casualty insurance.

What is the insured’s Home State for purposes of a particular placement?

• Michigan is the insured’s Home State if the insured maintains its principal place of business in Michigan or

• An individual’s principal place of residence is located in Michigan.

• If 100% of the insured risk is located outside of Michigan, then the insured’s Home State is the State to which the greatest percentage of the insured’s taxable premium for that insurance contract is allocated.

• If more than one insured from an affiliate group are named insureds on a single nonadmitted insurance placement, Michigan will be considered the Home State for that placement if Michigan is the Home State of the member of the affiliated group that has the largest percentage of premium attributed to it under such insurance contract.

How will these rules be applied?

• New and renewal policies as well as any modifications to the original policy e.g. endorsements, installment payments, premium audits with an effective date prior to July 21, 2011 will be subject to the laws and regulations of Michigan as of the policy effective date.

• New and renewal policies with an effective date on or after July 21, 2011 and any modifications to the original policy will be subject only to Michigan laws and regulations if Michigan is the Home State of the insured.

What are the requirements for premium tax allocation and payment in Michigan?

• Only the insured’s Home State may require a surplus lines broker to be licensed to sell, solicit, or negotiate surplus lines insurance with respect to a particular placement.

• The laws and regulations of Michigan will continue to apply to premium reporting and premium tax due on multi-state placements until July 21, 2011.

• It is the intent of the Office of Financial and Insurance Regulation to post additional information on its website if and when Michigan begins participating in a multistate clearinghouse or tax sharing arrangement.

• Until July 21, 2011, Michigan's combined tax rate should be applied to new and renewal policies.  On or after July 21, 2011, when Michigan is the insured's Home State 100% of the tax should be paid to Michigan.

What are the license requirements for brokers?

• If Michigan is the insured’s Home State, the surplus lines broker must be licensed in Michigan.

• Michigan will not be able to collect licensing fees for surplus lines brokers as of July 21, 2012 unless Michigan participates in the NAIC national producer database (PDB) for original licensure and renewals.  Michigan currently participates in the NAIC PDB for original licensure.

When are the requirements for a diligent search and when is a diligent search not required?

• All Michigan diligent search requirements remain in effect as required by MCL 500.1910 http://legislature.mi.gov/doc.aspx?mcl-500-1910 with the exception of placing insurance for an exempt commercial purchaser (ECP) as defined by the NRRA.  Effective July 21, 2011 a surplus lines licensee seeking to procure or place surplus lines insurance on behalf of a ECP is not required to perform a diligent search if:

• the licensee has disclosed to the ECP that insurance may or may not be available from the admitted market that may provide greater protection with more regulatory oversight.

• the ECP has subsequently requested in writing that the licensee procure or place such insurance from a surplus lines insurer.

What are the eligibility requirements for surplus lines insurers?

• Surplus lines insurers domiciled in a U.S. jurisdiction - A surplus lines licensee is permitted to place insurance with such insurers provided that:

• they are approved to write such business in their State of domicile.

• they maintain a minimum capital and surplus of $15 million or the minimum capital and surplus amount required in a State.

• Surplus Lines insurers domiciled outside the U.S. jurisdiction - A surplus lines licensee is permitted to place insurance with such insurers provided that:

• The insurer is listed on the Quarterly Listing of Alien Insurers Maintained by the International Insurers Department of the NAIC.

• The NAIC Quarterly Listing is available for purchase from the NAIC http://www.naic.org/.
  
  
• Both foreign and alien insurers must submit a completed application and fee to OFIR. Click here for application.

What are the key definitions from the NRRA?

• Please refer to the NRRA:   http://www.napslo.org/imispublic/PDF/Legreg/NRRAfinal.pdf