US Surplus Lines Reform

Background

Map of North AmericaThe Dodd-Frank Act was passed by Congress in July 2010 and contains many comprehensive financial regulatory reforms and measures. Title V of Dodd-Frank specifically addresses the insurance industry, and Subtitle B concerns state based insurance reforms. This section is title the Nonadmitted and Reinsurance Reform Act (“NRRA”), with an effective date of 21 July 2011.


The NRRA is divided into two parts: Part I concerns surplus lines reform, and Part II concerns reinsurance reform.

 

Non admitted and Reinsurance Reform Act (NRRA) Surplus Lines Reform


The intention of the NRRA is to introduce greater uniformity between the state based regulation of surplus lines insurers. Areas of reform include:

  • Defining the home state for transactions: Home state of the insured is the sole regulator of any non-admitted transactions, thus simplifying filing requirements.
  • Enabling direct access to the surplus lines market for exempt commercial purchasers (‘ECP’) without ‘diligent search’
  • Setting uniform eligibility requirements for alien insurers
  • Proposing an interstate compact for collection, allocation and reporting of taxes

 

Key Issues

Definitions

CRJATF: Credit for Reinsurance Joint  Asset Trust Fund.

CRTF: Credit for Reinsurance Trust Funds.

ECP: Exempt commercial purchasers.

FIO: Federal Insurance Office.

FLIOR: Florida Office of Insurance Regulation.

IID: International Insurers Department.

NAIC: National Association of Insurance Commissioners.

NIMA: Nonadmitted Insurance Multistate Agreement.

NRRA: Nonadmitted and Reinsurance Reform Act.

White List: Insurers on the NAIC IID quarterly listing.

 

Information for Managing Agents