Montana Surplus Lines Agents' Association

 

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What is Surplus Lines Insurance                                                                 

The surplus lines insurance market is the segment of the insurance industry where the more difficult or unusual risks are written.  Because surplus lines insured’s risk tend to be more unusual or higher risk, much of the surplus lines market is characterized by a high degree of specialization.  Insurers participating in this market have specialized expertise and experience in underwriting and rating insurance for a wide range of risks.  Only licensed surplus lines producers can place insurance with surplus lines insurers (unauthorized insurer) for Montana insureds.  A producer must meet legal requirements to place a surplus lines policy with a surplus lines company.  A surplus lines producer can be either a resident or nonresident.

The surplus lines insurance market focuses on two types of products: unusual or difficult insurance and higher risk accounts.  An example of an unusual or difficult product is professional liability, and an example of a higher risk account would be a manufacturer of explosives.  Certain types of professional liability risks are included in the specialty lines market because the underwriting, rating and claims functions require a high degree of expertise and experience.  The explosives manufacturer would be included because of the unique products liability exposures presented.

 

Surplus lines insurance, because of its specialty nature, is not required to file its rates and forms to allow it to develop coverage and rates for each unique and special risk.  Surplus Lines Insurers are not licensed to do business in Montana; they are approved by the Insurance Department to conduct business in Montana.  One of the reasons they are not licensed to do business in Montana is because they do not participate in the Property and Casualty Insurance Guaranty Association.  Because consumers do not have the protection of this Guaranty Association if the Surplus Lines Company becomes insolvent, access is restricted through regulation in the insurance codes.  Surplus lines insurance is regulated specifically in Montana Title 33, Chapter 2, Part 3.

Approved by the Department of Insurance 3/17/2005