What is Surplus Lines Insurance?

Most insurance in Texas is written by insurance companies licensed by the Texas Department of Insurance. These companies are regulated by the state in a variety of ways, including oversight amount of premium charged and policy forms used. However, licensed companies will not provide all the insurance coverage needed by Texas citizens. Only when a coverage need is rejected by licensed companies can it be written in the surplus lines market, and then only by the unlicensed companies on the Texas Surplus Lines Insurers List.

The rates and policy forms used by surplus lines insurers are not directly regulated by the Texas Department of Insurance. This provides the flexibility needed to write the hard-to-place risks found in the surplus lines market. Approximately 95% of all surplus lines insurance is written for Texas businesses. The typical risks written surplus lines include those that are:

  • distressed (e.g., fire coverage for a business with high incidence of prior fire loss),
  • complex (e.g., property and liability coverage for an offshore oil platform),
  • unique (e.g., insurance on a professional football quarterback's throwing arm),
  • capacity (e.g., exposure needing very high limits).

Only licensed surplus lines agents can place insurance with surplus lines insurers for Texas insureds. An agent must pass a special examination and meet other legal requirements to be issued a surplus lines license. A surplus lines agent can be either a resident or nonresident.

Texas is currently the fourth largest surplus lines insurance market in the US, with premiums totaling more than $3.7 billion in 2007.

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