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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
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| 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
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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.) _________
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| 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
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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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