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updated 1/2006

What is surplus lines insurance?

Insurance companies licensed by the Texas Department of Insurance write most of the insurance in Texas. The state regulates these companies in a variety of ways, including requiring their participation in the state guaranty association (which pays claims in the event of insurer insolvency) and controlling the premiums they charge and policy forms they use. However, these licensed companies will not or can not provide all the insurance needed by Texas citizens.

When insurance cannot be purchased from licensed insurers, it can be obtained in the surplus lines market, but only from the unlicensed companies appearing on the state's Surplus Lines Insurers List. Unlike licensed companies, the rates and forms used by surplus lines insurers are not directly regulated by the Texas Department of Insurance. This freedom provides the flexibility required when insuring the hard-to-place risks found in the surplus lines market. Another distinguishing fact is that surplus lines policies are not backed by the protection of the state guaranty association.

More than 95% of all surplus lines insurance is written for Texas businesses. Risks most commonly found in the surplus lines market are:

  • Distressed (e.g., fire coverage for a business with a high incidence of prior fire losses)
  • Complex (e.g., property and liability coverage for an oil refinery)
  • Unique (e.g., insurance for a special event, such as an auto race)
  • Capacity (requiring very high limits of insurance)

Only specially licensed surplus lines agents can write insurance with surplus lines insurers. An agent must pass an examination and meet other legal requirements to be issued a surplus lines license by the Texas Department of Insurance. Texas is the second largest surplus lines insurance market in the US, with premiums exceeding $1 billion each year since 1992.

What is the Surplus Lines Stamping Office ?

The Surplus Lines Stamping Office of Texas is a non-profit unincorporated organization created by the Legislature in 1987. Our mission is to assist the TDI in the oversight of the surplus lines insurance market and to encourage compliance by agents and insurers with the surplus lines laws and regulations of the state.

The Stamping Office is not a state agency; we do not obtain our funding from the general revenues of the State of Texas. Rather, we are funded by a processing fee, called a "stamping fee," charged on each Texas surplus lines insurance policy issued through licensed surplus lines agents. The first stamping office began operation in California in 1939. There are currently 15 stamping offices across the U.S. operating in states which collectively account for more than 55% of all surplus lines insurance written nationally. The stamping offices in the four largest surplus lines markets - California, Texas, Florida, and New York - process and review nearly 45% of the total U.S. surplus lines premium volume.

In a study of the surplus lines industry, A.M. Best Company concluded that stamping offices have proven effective in promoting "a strong working relationship between the surplus lines market and state regulators." The National Association of Professional Surplus Lines Offices (NAPSLO) and the American Association of Managing General Agents (AAMGA) also support the operation of stamping offices as beneficial to the insurance industry, regulators, and the public.

What does the Stamping Office do?

The responsibilities of the Surplus Lines Stamping Office of Texas can be grouped into three general categories. First, we receive, record, and review surplus lines policies. Texas surplus lines agents must provide our office with a copy of every surplus lines policy they write. Agents now have the option of sending policy data via the Stamping Office's Electronic Filing System (EFS). We review these policies for compliance with various legal requirements, then record certain information from them in our computer database. As a result, the Stamping Office identifies violations and then encourages agents to correct them. Also, we provide important statistical information about the Texas surplus lines market, such as types of coverage and volume of premium written.

Second, each year the Stamping Office evaluates the financial condition of insurance companies desiring to write surplus lines insurance in the state. We send the results of our evaluations to the TDI, which in turn decides whether an insurer will be included on the Surplus Lines Insurers List. Only insurers on this list are allowed to write surplus lines insurance in Texas.

Third, the Stamping Office is involved in education. Each year, we present seminars on current market and regulatory issues at no charge for surplus lines agents and insurers. Our staff makes a variety of other presentations to groups each year as well. We provide technical assistance to callers from across the country having questions on Texas surplus lines insurance. The Stamping Office web site (www.slsot.org) is a popular source for an enormous amount of information, including insurance statutes, frequently asked questions, insurer and market data, current legislation, and links to other relevant sites. Also, we distribute a Procedures Manual with monthly updates and a quarterly newsletter, Lone Star Lines.

The SLSOT Electronic Filing System

The SLSOT Electronic Filing System brings you sophisticated, secure, web-based filing of policy information to help facilitate effective and efficient data reporting to the Stamping Office. Developed with the input of various agents throughout the state, the system offers a comprehensive and user-friendly, approach to gathering and submitting necessary data for surplus lines policies.

The EFS Help Desk is available for assistance during regular business hours. Please call (800) 681-5848 for assistance.

For additional information on surplus lines insurance and the Surplus Lines Stamping Office of Texas visit our website at www.slsot.org.

 


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