Maryland Surplus Lines Insurance Exam

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Here are 14 in-depth Q&A study notes to help you prepare for the exam.

Explain the process a Maryland surplus lines broker must undertake to verify that diligent effort was made to place coverage with admitted insurers before placing it with a non-admitted insurer, and what documentation is required to demonstrate this effort?

Maryland law requires surplus lines brokers to make a diligent effort to place coverage with admitted insurers before resorting to the surplus lines market. This involves contacting a reasonable number of admitted insurers who are known to write similar coverage. The broker must document these attempts, including the names of the insurers contacted, the dates of contact, and the reasons for declination. A simple statement of inability to find coverage is insufficient. The documentation must demonstrate a genuine attempt to secure coverage within the admitted market. Regulation 30.02.09.08 outlines specific requirements for diligent effort, including maintaining records of declinations and providing evidence that the admitted market was thoroughly explored. Failure to adequately document diligent effort can result in penalties and sanctions against the broker.

Under what circumstances can a Maryland surplus lines broker place coverage with a non-admitted insurer that is not listed on the Maryland Insurance Administration’s (MIA) List of Eligible Surplus Lines Insurers, and what specific steps must the broker take to ensure compliance?

Generally, Maryland surplus lines brokers must place coverage with insurers on the MIA’s List of Eligible Surplus Lines Insurers. However, coverage can be placed with a non-listed insurer if the broker can demonstrate that no eligible surplus lines insurer is willing to provide the coverage, and the non-listed insurer meets specific financial and regulatory requirements. The broker must obtain prior written approval from the MIA before placing coverage with a non-listed insurer. This request must include detailed information about the insurer’s financial stability, licensing status in its domiciliary jurisdiction, and the reasons why coverage could not be obtained from an eligible surplus lines insurer. Maryland Insurance Code Ann. § 3-310 outlines the requirements for eligible surplus lines insurers, and any deviation from this requires explicit approval from the MIA.

Describe the specific disclosures a Maryland surplus lines broker is legally obligated to provide to a prospective insured before binding coverage with a non-admitted insurer, and what are the potential consequences of failing to provide these disclosures?

Maryland law mandates that surplus lines brokers provide specific disclosures to prospective insureds before binding coverage with a non-admitted insurer. These disclosures must clearly state that the insurer is not licensed in Maryland and that the insured does not have the same protections afforded by the Maryland Insurance Guaranty Corporation in the event of the insurer’s insolvency. The disclosure must be provided in writing and acknowledged by the insured. Failure to provide these disclosures can result in significant penalties for the broker, including fines, suspension or revocation of license, and potential liability for uncovered claims due to the insured’s lack of awareness of the risks associated with non-admitted insurers. COMAR 31.03.09.10 details the specific disclosure requirements.

Explain the process for calculating and remitting Maryland surplus lines premium taxes, including the applicable tax rate, reporting deadlines, and potential penalties for late filing or underpayment.

Maryland surplus lines brokers are responsible for collecting and remitting premium taxes on all surplus lines insurance placed in the state. The current tax rate is 3% of the gross premium charged, as outlined in Maryland Insurance Code Ann. § 3-320. Brokers must file a quarterly tax return with the Maryland Insurance Administration, reporting all surplus lines premiums written during the quarter and remitting the corresponding tax. The returns and payments are typically due 45 days after the end of each calendar quarter. Late filing or underpayment of premium taxes can result in penalties, including interest charges on the unpaid tax and potential fines. The MIA provides specific instructions and forms for reporting and remitting surplus lines premium taxes.

What are the record-keeping requirements for Maryland surplus lines brokers, including the types of documents that must be maintained, the required retention period, and the potential consequences of failing to comply with these requirements?

Maryland surplus lines brokers are required to maintain detailed records of all surplus lines insurance transactions. These records must include copies of all policies, applications, correspondence, premium calculations, evidence of diligent effort to place coverage with admitted insurers, and documentation of disclosures made to insureds. The records must be retained for a minimum of five years from the date the policy expires or is canceled, as specified in COMAR 31.03.09.07. Failure to maintain adequate records can result in penalties, including fines, suspension or revocation of license, and potential legal action by the Maryland Insurance Administration. The MIA may conduct audits of surplus lines brokers to ensure compliance with record-keeping requirements.

Describe the role and responsibilities of the Maryland Insurance Administration (MIA) in regulating the surplus lines market, including its authority to investigate complaints, conduct examinations, and impose sanctions on surplus lines brokers.

The Maryland Insurance Administration (MIA) is the primary regulatory body overseeing the surplus lines market in Maryland. The MIA is responsible for ensuring that surplus lines brokers comply with all applicable laws and regulations, including those related to diligent effort, eligible insurers, disclosures, and premium taxes. The MIA has the authority to investigate complaints against surplus lines brokers, conduct examinations of their books and records, and impose sanctions for violations of the law. Sanctions may include fines, suspension or revocation of license, and cease and desist orders. The MIA also maintains the List of Eligible Surplus Lines Insurers and provides guidance to brokers on compliance matters. Maryland Insurance Code Ann. Title 2 outlines the powers and duties of the MIA.

Explain the implications of the Nonadmitted and Reinsurance Reform Act (NRRA) of 2010 on the regulation of surplus lines insurance in Maryland, particularly concerning the allocation of premium tax and the role of the insured’s home state.

The Nonadmitted and Reinsurance Reform Act (NRRA) of 2010 significantly impacted the regulation of surplus lines insurance nationwide, including in Maryland. The NRRA established the insured’s “home state” as the sole state with the authority to regulate and collect premium tax on surplus lines insurance. The home state is generally defined as the state where the insured maintains its principal place of business or, if the risk covers multiple states, the state with the largest percentage of the insured’s taxable exposure. Maryland surplus lines brokers must now determine the insured’s home state and remit premium tax accordingly. The NRRA also streamlined the process for multi-state risks, reducing the burden of compliance with multiple state regulations. However, Maryland retains the authority to enforce its own laws and regulations regarding surplus lines brokers operating within the state.

Explain the due diligence requirements a Maryland licensed surplus lines broker must undertake before placing insurance with a non-admitted insurer, referencing specific sections of the Maryland Insurance Code. What documentation must be retained to demonstrate compliance?

Maryland Insurance Code § 3-310 outlines the requirements for placing business with non-admitted insurers. Before placing insurance with a non-admitted insurer, a surplus lines broker must conduct a diligent search among admitted insurers who are authorized to transact and actually writing the particular kind and class of insurance in Maryland. This diligent search must include contacting a minimum of three admitted insurers actively engaged in writing similar coverage in Maryland. The broker must document these declinations. The broker must also ascertain the financial solvency of the non-admitted insurer. This typically involves reviewing the insurer’s most recent financial statements, ratings from recognized rating agencies (such as A.M. Best), and other relevant financial information. Documentation of the diligent search, including the names of the admitted insurers contacted, the dates of contact, and the reasons for declination, must be retained by the broker for a period of at least five years from the date the insurance was placed. Failure to conduct a diligent search and maintain proper documentation can result in penalties, including fines and suspension or revocation of the surplus lines broker’s license.

Describe the process for filing surplus lines insurance policies and taxes in Maryland. What specific forms are required, and what are the deadlines for submission and payment? What are the penalties for late filing or payment?

Maryland requires surplus lines brokers to file evidence of the insurance and remit premium taxes on surplus lines placements. The specific form required is the Maryland Insurance Administration’s Surplus Lines Tax Form. This form requires detailed information about the policy, including the insured’s name and address, the insurer’s name and address, the policy period, the premium amount, and the applicable tax rate. The tax rate for surplus lines insurance in Maryland is currently 3% of the gross premium. The filing and payment deadlines are quarterly. Returns and payments are due on or before the 15th day of the month following the end of each calendar quarter (April 15, July 15, October 15, and January 15). Late filing or payment of surplus lines taxes is subject to penalties as outlined in the Maryland Insurance Code. These penalties can include interest charges on the unpaid tax amount and additional fines. The interest rate is determined by the Comptroller of Maryland. Continued failure to comply with filing and payment requirements can result in suspension or revocation of the surplus lines broker’s license.

What are the restrictions, if any, on a Maryland surplus lines broker placing insurance on risks located in Maryland with a non-admitted insurer that is owned or controlled by the same entity as the insured? How does Maryland Insurance Code address potential conflicts of interest in such situations?

Maryland Insurance Code addresses the potential for conflicts of interest when a surplus lines broker places insurance with a non-admitted insurer that is affiliated with the insured. While not explicitly prohibited, such placements are subject to heightened scrutiny. The broker must demonstrate that the placement is in the best interest of the insured and that a diligent search of the admitted market was conducted, revealing no suitable coverage options. The broker must fully disclose the relationship between the insured and the non-admitted insurer to the insured and obtain written consent for the placement. The Maryland Insurance Administration may investigate such placements to ensure that the broker acted in good faith and that the terms and conditions of the insurance are fair and reasonable. Failure to adequately disclose the relationship or to demonstrate that the placement is in the insured’s best interest can result in disciplinary action against the broker.

Explain the role and responsibilities of the Maryland Insurance Administration (MIA) in regulating surplus lines insurance. What are the MIA’s powers regarding investigations, audits, and enforcement actions against surplus lines brokers and non-admitted insurers?

The Maryland Insurance Administration (MIA) is the primary regulatory body responsible for overseeing surplus lines insurance activities within the state. The MIA’s role includes licensing and regulating surplus lines brokers, monitoring the financial solvency of non-admitted insurers used by Maryland brokers, and ensuring compliance with Maryland Insurance Code and related regulations. The MIA has broad powers to investigate potential violations of insurance laws and regulations. This includes the authority to conduct audits of surplus lines brokers’ records, subpoena witnesses, and compel the production of documents. If the MIA finds evidence of wrongdoing, it can take enforcement actions against surplus lines brokers, including issuing cease and desist orders, imposing fines, suspending or revoking licenses, and pursuing other legal remedies. The MIA also has the authority to examine the affairs of non-admitted insurers to assess their financial condition and ability to meet their obligations to Maryland policyholders. The MIA’s regulatory oversight is crucial for protecting Maryland consumers and maintaining the integrity of the surplus lines insurance market.

Detail the requirements for a Maryland resident to obtain and maintain a surplus lines broker license. What are the continuing education requirements, and what are the grounds for license suspension or revocation?

To obtain a surplus lines broker license in Maryland, an applicant must first hold a valid Maryland insurance producer license with property and casualty lines of authority. The applicant must then pass a surplus lines examination administered by the Maryland Insurance Administration (MIA) or its designee. Additionally, the applicant must submit an application to the MIA, pay the required license fee, and meet any other requirements prescribed by the MIA. To maintain a surplus lines broker license, the licensee must comply with all applicable laws and regulations, including those related to diligent search, placement of business with eligible non-admitted insurers, and timely filing of surplus lines taxes. Maryland requires licensed insurance producers, including surplus lines brokers, to complete continuing education (CE) courses to maintain their licenses. The specific number of CE hours required and the subject matter of the courses vary depending on the license type. Grounds for license suspension or revocation include violations of the Maryland Insurance Code, misrepresentation or fraud in obtaining or maintaining the license, failure to comply with continuing education requirements, and engaging in unethical or unprofessional conduct.

Discuss the concept of “exportable list” in the context of Maryland surplus lines insurance. Does Maryland maintain such a list, and if so, how does it impact the placement of insurance with non-admitted insurers? If not, how is “availability” determined?

Maryland does not maintain a formal “exportable list” of specific risks or coverages that are automatically eligible for placement with non-admitted insurers. Instead, Maryland operates under a “diligent effort” standard, as outlined in Maryland Insurance Code § 3-310. This means that before placing insurance with a non-admitted insurer, a surplus lines broker must conduct a diligent search among admitted insurers who are authorized to transact and actually writing the particular kind and class of insurance in Maryland. The broker must document these declinations. The determination of “availability” is therefore based on the broker’s documented efforts to find coverage in the admitted market. If the broker can demonstrate that a diligent search was conducted and no admitted insurer was willing to provide the required coverage, the risk may be placed with an eligible non-admitted insurer. The absence of a formal exportable list places a greater responsibility on the surplus lines broker to thoroughly investigate the admitted market and document their efforts.

What are the specific requirements in Maryland regarding the disclosure of information to the insured when placing coverage with a non-admitted insurer? What information must be provided, and in what format? What are the potential consequences for failing to provide adequate disclosure?

Maryland requires surplus lines brokers to provide specific disclosures to the insured when placing coverage with a non-admitted insurer, as outlined in Maryland Insurance Code. The broker must inform the insured that the insurance policy is being placed with a non-admitted insurer, which means that the insurer is not licensed in Maryland and is not subject to the same regulatory oversight as admitted insurers. The broker must also advise the insured that the Maryland Insurance Guaranty Corporation may not cover claims if the non-admitted insurer becomes insolvent. This disclosure must be made in writing, in a clear and conspicuous manner, and must be provided to the insured before the insurance policy is issued. The disclosure should also include the name and address of the non-admitted insurer. Failure to provide adequate disclosure can result in penalties for the surplus lines broker, including fines, suspension or revocation of the broker’s license, and potential liability for any losses incurred by the insured as a result of the lack of disclosure. The purpose of these disclosure requirements is to ensure that the insured is fully aware of the risks associated with purchasing insurance from a non-admitted insurer.

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