From SLSOT Bulletin dated January  SO-2001-02


Texas Department of Insurance
Financial, Company Licensing & Registration, Mail Code 305-2C
333 Guadalupe • P. O. Box 149104, Austin, Texas 78714-9104

Memorandum
To SURPLUS LINES AGENTS AND INSURERS
From Kathy Wilcox, Company Registration Officer
Company Licensing & Registration
Date January 1, 2001
Subject Evidence Filing Requirements for 2001 Surplus Lines Eligibility
The following are the requirements and due dates for filing documentation for 2001 eligibility for surplus lines insurers. Each insurer wanting to maintain eligibility or to become eligible must meet the listed filing requirements.

These filing requirements are in accordance with the Texas Insurance Code, Article 1.14-2 and related provisions of the Texas Administrative Code, 28 TAC §15.8. Texas Administrative Code, 28 TAC §15.8 (j) requires the Texas Department of Insurance to maintain the "Surplus Lines Insurers List" compiled from the information submitted to meet the eligibility requirements. Any new information or updates to previously filed documentation must be submitted to the Texas Department of Insurance with copy to the Surplus Lines Stamping Office of Texas. This includes name changes, addresses, changes in officers and directors, etc.

The minimum capital and surplus requirement is $15 million as of December 31, 1995. Failure to maintain at least $15 million capital and surplus may result in the removal of the insurer from the Texas Department of Insurance "Surplus Lines Insurers List." Failure to comply with the evidence filing requirements may also subject the insurer to removal from the list.

Enclosed is a Business Plan Outline to be used to meet the business plan filing requirements. Business Plans must be current within 3 years. If the current business plan on file was submitted prior to March 31,1998, a new plan will need to be filed by March 31, 2001.

Inquiries about the contents of this letter should be directed to Company Licensing and Registration, Texas Department of Insurance, or the Surplus Lines Stamping Office of Texas.

Attached is a Checklist for each of the different types of companies, foreign (U.S. domiciled) or alien (non-U.S. domiciled). The Checklist should be completed and filed with the required documents.

NOTE: All Documents must be submitted in duplicate as follows.

 

Original Documents 

Texas Department of Insurance 
Co. Lic. & Regis., MC 305-2C 
333 Guadalupe
P.O. Box 149104 Austin, TX 78714-9104
512-322-3535, FAX 512-322-3550

Duplicate Copies

Surplus Lines Stamping Office of Texas
P.O. Box 9906
5914 West Courtyard Dr., Suite 150
Austin, TX 78766
512-346-3274, FAX 512-346-3422

 

Due Date

The DUE DATE for filing documents varies based on the type of evidence required. A due date is indicated for each type of evidence.

If an insurer is unable to comply with the due dates, a written explanation must be filed with the Texas Department of Insurance (with a copy to the Surplus Lines Stamping Office of Texas) using the Comments Section of the proper Checklist. The explanation should include when the evidence will be filed.

An insurer may also be asked to provide additional information as deemed necessary to perform an evaluation of the insurer's eligibility. This may include, but is not limited to detailed policy information regarding direct premium written in Texas.

Note: Permanent evidence that is already on file with the Texas Department of Insurance and Surplus Lines Stamping Office of Texas need not be filed unless there are changes to the evidence.

 

FOREIGN (U. S.) INSURERS DUE DATE: March 31, 2001 (except as noted)

1. A complete 2000 NAIC Property and Casualty Annual Statement, originally signed and notarized. The statement must include: a) Page 14 for Texas, b) Actuarial Opinion, and c) Management's Discussion and Analysis of Operations.

2. A Certified Copy of the Current License or Certificate of Authority (current within 3 years) from the insurer's state of domicile. This license or certificate of authority must indicate the kind and class of business the company is authorized to write. Replace C of A if current copy was filed before March 31, 1998.

3. A Current List of Texas Surplus Lines Agents procuring business for the insurer. In addition, indicate agents with agency agreements, binding authority and claims paying authority. Any changes in the contracts (i.e., cancellation of contract, removal of binding authority or claims paying authority) must be submitted during the year.

4. Provide a Three-Year Business Plan using the enclosed Guidelines to include Texas surplus lines business. Also, describe the method the insurer uses to procure Texas business. 

5. Biographical Affidavits (current within 3 years) on the officers, directors and management of the insurer, including underwriters
primarily responsible for underwriting Texas risks. If underwriting is managed or performed by a separate company or agency, submit the name, address and
phone number of such entity. Replace biographical affidavits dated before March 31, 1998.

6. A copy of the NAIC IRIS Ratio Results and the insurer's response to any ratio outside the usual range. If the NAIC reports are not available by the due date, so indicate and provide an internally generated set of the twelve IRIS ratios. Submit the NAIC IRIS Ratio results when available.

7. A Regulatory Disclosure Statement identifying any regulatory actions taken in regard to the company over the past year.

8. A copy of the most current Examination Report, from the examining state, if not previously filed. Provide an explanation, response or description of corrective actions taken regarding exam comments or recommendations.

9. A copy of the audited GAAP/SAP Financial Statement, including the auditor's most recent "Management Letter" and management's response. If not required by state of domicile, provide evidence of exemption. DUE DATE: June 1, 2001.

10. If publicly traded, provide a copy of the S.E.C. 10K Report, as well as any other S.E.C. filing relating to a material event. DUE DATE: June 1, 2001.

11. All foreign insurers are required to file NAIC Property and Casualty Quarterly Statements within 45 days following the close of the quarter.

1st Quarter ending March 31, 2001 Due May 15, 2001
2nd Quarter ending June 30, 2001 Due August 15, 2001
3rd Quarter ending Sept. 30, 2001 Due November 15, 2001

 

CHECK LIST ON REVERSE SIDE

 

CHECKLIST

FOREIGN (U. S.) INSURERS

________________________________________________________________
Name of Company

1. 2000 NAIC Form 2 Annual Statement _________

a) Page 14 for Texas _________

b) Actuarial Opinion _________

c) Management's Discussion and Analysis of Operations _________

2. Certified Copy of the Current License or Certificate of Authority _________

3. Current List of Surplus Lines Agents _________

4. Three Year Business Plan _________

5. Biographical Affidavits (current after March 31, 1998) _________

6. NAIC IRIS Ratio Results _________

7. Regulatory Disclosure Statement _________

8. Examination Report _________

9. GAAP/SAP Financial Statement (DUE DATE: June 1, 2001.) _________

10. S.E.C. 10K Report (DUE DATE: June 1, 2001.) _________

 

ALIEN INSURERS DUE DATE: Various

1. An Annual Report and/or Audited Financial Statement expressed in U. S. Dollars, including
 auditor's most recent "Management Letter" and management's response.
DUE DATE: June 1,
2001.

2. A Certified Copy of the Current License or Certificate of Authority from the insurer's country of
domicile. This license or certificate of authority must indicate the kind and class of business
the company is authorized to write. New copies of the license should be submitted on a three
year cycle as with the biographical affidavits. DUE DATE: June 1, 2001.

3. A Current List of Texas Surplus Lines Agents procuring business for the insurer. In addition, indicate agents with agency agreements, binding authority and claims paying authority. Any
changes in the contracts (i.e., cancellation of contract, removal of binding authority or claims
paying authority) must be submitted during the year. DUE DATE: June 1, 2001.

4. Provide a Three-Year Business Plan using the enclosed Guidelines to include Texas surplus lines business. DUE DATE: June 1, 2001. Business Plan Guidelines

5. Biographical Affidavits (current within 3 years) on the officers, directors and management of the
insurer, including underwriters primarily responsible for underwriting Texas risks. If underwriting
is
managed or performed by a separate company or agency, submit the name, address and
phone
number of such entity. Replace biographical affidavits dated before March 31, 1998.
DUE DATE:
June 1, 2001.

6. A copy of the Trust Fund Agreement and a Current Statement of Account from the trustee of
trust fund. The trust fund, maintained in a U. S. Federal Reserve System Bank is an amount of
not less than $5.4 million. The trust fund must be styled for the protection of U. S. policyholders.
The International Insurers Department Standard Trust Fund Agreement is preferred.
DUE DATE:
June 1, 2001.

7. Provide the amount of Premium Written in Texas for 2000 by each surplus lines agent. DUE DATE: June 1, 2001.

8. Provide Actuarial Opinion or statement. Due date: August 1, 2001.

9. If listed by the International Insurers Department (IID) of the NAIC, provide the Preliminary Financial information required by the IID. DUE DATE: As required by IID.

10. If listed by the IID, provide a Complete Copy of the standard IID reporting format. Due Date: August 1, 2001.

CHECK LIST ON REVERSE SIDE

 

CHECKLIST

ALIEN INSURERS

________________________________________________________________

Name of Company

1. Annual Report and/or Audited Financial Statement. ________
DUE DATE: June 1, 2001.

2. Certified Copy of the Current License or Certificate of Authority _________
DUE DATE: June 1, 2001.

3. Current List of Surplus Lines Agents. DUE DATE: June 1, 2001. _________

4. Three-Year Business Plan. DUE DATE: June 1, 2001. _________

5. Biographical Affidavits (dated after March 31, 1998). DUE DATE: June 1, 2001. _________

6. a. Trust Fund Agreement _________

b. Current Statement of Account. DUE DATE: June 1, 2001. _________

7. Premium Written in Texas. DUE DATE: June 1, 2001. _________

8. Actuarial Opinion. DUE DATE: August 1, 2001. _________

9. International Insurers Department (IID) Preliminary Financial. DUE DATE: As required by IID. _________

10. Complete copy of the Standard IID reporting format.
DUE DATE: August 1, 2001. _________

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