Ohio Surplus Lines Insurance Exam

Premium Practice Questions

By InsureTutor Exam Team

Want To Get More Free Practice Questions?

Input your email below to receive Part Two immediately

[nextend_social_login provider="google" heading="Start Set 2 With Google Login" redirect="https://www.insuretutor.com/insurance-exam-free-practice-questions-set-two-2/" align="center"]
Here are 14 in-depth Q&A study notes to help you prepare for the exam.

Explain the process and requirements for an Ohio resident to obtain a surplus lines broker license, including the pre-licensing education stipulations and the implications of failing to meet these requirements as outlined in the Ohio Revised Code (ORC) 3905.83?

To obtain an Ohio surplus lines broker license, a resident must first hold a valid Ohio insurance license. Then, they must complete a pre-licensing course specifically approved for surplus lines, demonstrating knowledge of the surplus lines market and regulations. ORC 3905.83 details these requirements. The applicant must pass the surplus lines examination. Failure to meet these pre-licensing education requirements or passing the exam will result in the denial of the license application. Furthermore, ORC 3905.83(C) specifies that the Superintendent of Insurance may refuse to issue a license if the applicant has been convicted of any felony or crime of moral turpitude, or has violated any insurance laws. The Superintendent also has the authority to establish continuing education requirements for surplus lines brokers to maintain their licenses.

Under what circumstances, as defined by Ohio law, can a surplus lines broker place coverage with an unauthorized insurer, and what due diligence is required of the broker to ensure the financial solvency and suitability of that insurer according to ORC 3905.33?

Ohio law permits a surplus lines broker to place coverage with an unauthorized insurer only when coverage is not available from authorized insurers admitted to do business in Ohio. ORC 3905.33 mandates that the broker exercise due diligence in selecting an unauthorized insurer. This includes verifying that the insurer is financially sound and reputable. The broker must ensure the unauthorized insurer meets specific financial requirements, such as maintaining minimum capital and surplus levels as determined by the Superintendent of Insurance. Furthermore, the broker must disclose to the insured that the insurer is not licensed in Ohio and that claims may not be covered by the Ohio Insurance Guaranty Association. Failure to conduct adequate due diligence can result in penalties for the broker.

Describe the specific taxes and fees associated with surplus lines insurance in Ohio, including the calculation and remittance procedures, and the penalties for non-compliance as stipulated in ORC 5729?

Ohio imposes a tax on surplus lines insurance premiums. ORC 5729 outlines the tax rate, which is a percentage of the gross premiums charged for surplus lines insurance policies covering risks located in Ohio. The surplus lines broker is responsible for collecting the tax from the insured and remitting it to the Ohio Department of Insurance. The tax must be remitted on a quarterly basis, along with a report detailing the premiums collected. Penalties for non-compliance, such as late filing or underpayment of taxes, can include interest charges and fines. ORC 5729.06 specifies the penalties for failure to file a return or pay the tax, which can be a percentage of the tax due, plus interest. The Superintendent of Insurance also has the authority to revoke or suspend a surplus lines broker’s license for repeated violations of tax laws.

Explain the role and responsibilities of the Ohio Surplus Lines Association (OSLA) in regulating and monitoring surplus lines insurance activities within the state, referencing relevant sections of the Ohio Administrative Code (OAC) that define its authority?

The Ohio Surplus Lines Association (OSLA) plays a crucial role in regulating and monitoring surplus lines insurance activities in Ohio. While the OSLA itself is not directly defined in the Ohio Revised Code, its activities are overseen by the Ohio Department of Insurance, and its operations are implicitly recognized through the regulatory framework. The OSLA assists in ensuring compliance with surplus lines laws and regulations. Its responsibilities include reviewing surplus lines filings, providing education and training to brokers, and acting as a liaison between brokers, insurers, and the Department of Insurance. The OSLA also helps to identify and address issues related to unauthorized insurance activities. While specific sections of the OAC may not explicitly define the OSLA’s authority, the Department of Insurance relies on the OSLA to support its regulatory functions.

Detail the process for filing a surplus lines policy in Ohio, including the required documentation, the timeframe for filing, and the potential consequences for failing to comply with the filing requirements as mandated by ORC 3905.33?

When a surplus lines broker places coverage with an unauthorized insurer, they must file certain documentation with the Ohio Department of Insurance within a specified timeframe. ORC 3905.33 outlines these requirements. The filing typically includes a copy of the policy, a statement indicating that the coverage was not available from authorized insurers, and documentation demonstrating the broker’s due diligence in selecting the unauthorized insurer. The filing must be made within 30 days of the placement of the insurance. Failure to comply with these filing requirements can result in penalties for the broker, including fines and potential suspension or revocation of their license. The purpose of the filing requirement is to ensure transparency and accountability in the surplus lines market and to protect the interests of Ohio policyholders.

Discuss the implications of the Ohio Insurance Guaranty Association (OIGA) not covering claims made against unauthorized insurers, and how surplus lines brokers are required to disclose this lack of coverage to their clients under Ohio law?

A critical aspect of surplus lines insurance in Ohio is that the Ohio Insurance Guaranty Association (OIGA) does not cover claims made against unauthorized insurers. This means that if an unauthorized insurer becomes insolvent, policyholders may not be able to recover their losses through the OIGA, which provides a safety net for claims against insolvent authorized insurers. Ohio law requires surplus lines brokers to clearly disclose this lack of coverage to their clients before placing coverage with an unauthorized insurer. This disclosure must be in writing and must inform the client that the insurer is not licensed in Ohio and that claims may not be covered by the OIGA. Failure to provide this disclosure can result in penalties for the broker, including fines and potential legal action. The purpose of the disclosure requirement is to ensure that policyholders are aware of the risks associated with purchasing surplus lines insurance and can make informed decisions.

Explain the conditions under which the Superintendent of Insurance can suspend or revoke a surplus lines broker’s license in Ohio, citing specific violations of the Ohio Revised Code that could lead to such disciplinary action?

The Superintendent of Insurance has the authority to suspend or revoke a surplus lines broker’s license in Ohio for various violations of the Ohio Revised Code. These violations can include, but are not limited to, failure to comply with surplus lines filing requirements (ORC 3905.33), failure to remit surplus lines taxes (ORC 5729), misrepresentation or fraud in the solicitation or placement of surplus lines insurance, and demonstrating incompetence or untrustworthiness in the conduct of business. Additionally, a broker’s license can be suspended or revoked if they have been convicted of a felony or a crime of moral turpitude. The Superintendent must provide the broker with notice and an opportunity for a hearing before taking disciplinary action. The severity of the disciplinary action will depend on the nature and extent of the violation. Repeated or egregious violations can result in permanent revocation of the license.

Explain the process and requirements for an Ohio resident to obtain a surplus lines broker license, including the pre-licensing education, examination, and application procedures, as outlined in the Ohio Revised Code (ORC) and Ohio Administrative Code (OAC). What specific documentation is required, and what are the potential grounds for denial of a license?

To obtain an Ohio surplus lines broker license, a resident must first complete pre-licensing education. While the specific number of hours may vary, it generally covers topics related to insurance principles and surplus lines insurance. Next, the applicant must pass the Ohio surplus lines insurance examination. The examination tests the applicant’s knowledge of Ohio insurance laws, rules, and regulations, as well as general insurance principles and surplus lines practices. After passing the exam, the applicant must submit an application to the Ohio Department of Insurance (ODI), including all required documentation, such as proof of pre-licensing education, examination results, and any other information requested by the ODI. Grounds for denial of a license may include, but are not limited to, a criminal history, prior disciplinary actions against an insurance license, providing false or misleading information on the application, or failing to meet the qualifications for licensure as outlined in the ORC and OAC. Specifically, ORC Section 3905.48 details the requirements for surplus line brokers, while ORC Section 3905.49 outlines the process for license application and issuance. The ODI reviews applications to ensure compliance with these statutes.

Detail the regulations surrounding the placement of insurance with eligible non-admitted insurers in Ohio. What due diligence is required of a surplus lines broker to ensure an insurer’s financial solvency and suitability, referencing specific sections of the Ohio Revised Code and Administrative Code?

Ohio regulations mandate that surplus lines brokers exercise due diligence when placing insurance with eligible non-admitted insurers. This includes verifying the insurer’s financial solvency and suitability to provide the coverage sought. Brokers must ensure that the non-admitted insurer appears on the Ohio Department of Insurance’s (ODI) list of eligible surplus lines insurers, which is based on criteria such as capital and surplus requirements, regulatory oversight in its domiciliary jurisdiction, and a satisfactory record of business conduct. ORC Section 3905.33 outlines the requirements for placing insurance with non-admitted insurers, emphasizing the broker’s responsibility to ensure the insurer meets the standards established by the ODI. OAC 3901-1-13 further details the criteria for eligible non-admitted insurers and the ongoing monitoring conducted by the ODI. Brokers must maintain records of their due diligence efforts, including financial reports and other relevant information, to demonstrate compliance with these regulations. Failure to conduct adequate due diligence can result in disciplinary action against the broker’s license.

Explain the Ohio surplus lines tax requirements, including the tax rate, reporting frequency, and penalties for non-compliance. What specific forms are required for reporting and remitting surplus lines taxes, and where can these forms be obtained? Refer to relevant sections of the Ohio Revised Code.

Ohio imposes a tax on surplus lines insurance premiums. The tax rate is currently 5% of the gross premium charged for surplus lines insurance placed in Ohio. Surplus lines brokers are responsible for collecting the tax from the insured and remitting it to the Ohio Department of Insurance (ODI). The reporting frequency is typically quarterly, with specific deadlines for filing returns and remitting taxes. Non-compliance with Ohio surplus lines tax requirements can result in penalties, including interest on unpaid taxes and fines for late filing or failure to file returns. The specific forms required for reporting and remitting surplus lines taxes are available on the ODI’s website. These forms typically require information about the insured, the non-admitted insurer, the policy coverage, and the premium amount. ORC Section 5729 governs the taxation of surplus lines insurance in Ohio, outlining the tax rate, reporting requirements, and penalties for non-compliance. Brokers must maintain accurate records of all surplus lines transactions to ensure compliance with these tax regulations.

Describe the process for handling complaints against surplus lines brokers in Ohio. What are the potential consequences for a broker found to have violated Ohio insurance laws or regulations, and what rights does the insured have in the complaint process?

Complaints against surplus lines brokers in Ohio are typically handled by the Ohio Department of Insurance (ODI). The ODI investigates complaints to determine whether the broker has violated Ohio insurance laws or regulations. The complaint process generally involves the insured submitting a written complaint to the ODI, providing details about the alleged violation. The ODI then notifies the broker of the complaint and provides an opportunity to respond. If the ODI finds that the broker has violated Ohio insurance laws or regulations, potential consequences may include disciplinary action against the broker’s license, such as suspension or revocation, as well as fines and other penalties. The insured has the right to be informed of the status of the complaint and the outcome of the investigation. ORC Section 3905.49 addresses the disciplinary actions that can be taken against insurance brokers, including surplus lines brokers, for violations of Ohio insurance laws. The ODI’s website provides information about the complaint process and the rights of insureds.

Explain the “diligent effort” requirement for placing business with a surplus lines insurer in Ohio. What documentation must a broker retain to demonstrate that a diligent effort was made to secure coverage from admitted insurers before placing it with a non-admitted insurer? Reference specific OAC sections.

The “diligent effort” requirement in Ohio mandates that a surplus lines broker must make a reasonable attempt to secure coverage from admitted insurers before placing business with a non-admitted insurer. This ensures that surplus lines insurance is used only when coverage is not readily available from admitted carriers. To demonstrate diligent effort, a broker must retain documentation showing that they contacted multiple admitted insurers and were unable to obtain the desired coverage. This documentation typically includes declinations from admitted insurers, indicating the reasons for declining coverage. The number of declinations required may vary depending on the type of risk and the availability of coverage in the admitted market. OAC 3901-1-13 outlines the requirements for placing insurance with non-admitted insurers, including the diligent effort requirement. Brokers must maintain these records for a specified period, typically five years, to demonstrate compliance with Ohio regulations. Failure to document diligent effort can result in penalties and disciplinary action against the broker’s license.

Discuss the restrictions on advertising by surplus lines brokers in Ohio. What specific disclosures are required in advertisements to inform consumers that the insurance is being placed with a non-admitted insurer, and what are the potential penalties for violating these advertising regulations?

Ohio imposes restrictions on advertising by surplus lines brokers to ensure that consumers are aware that the insurance is being placed with a non-admitted insurer. Advertisements must clearly and conspicuously disclose that the insurance policy is not backed by the Ohio Insurance Guaranty Association and that the insurer is not subject to the same regulatory oversight as admitted insurers. This disclosure must be prominent and easily understandable to consumers. The specific wording of the disclosure may be prescribed by the Ohio Department of Insurance (ODI). Violating these advertising regulations can result in penalties, including fines and disciplinary action against the broker’s license. The ODI monitors advertising by surplus lines brokers to ensure compliance with these requirements. While specific statutes may not explicitly detail advertising restrictions for surplus lines, the general advertising regulations applicable to all insurance agents and brokers, coupled with the overarching principle of transparency in surplus lines transactions, necessitate these disclosures. Brokers should consult with legal counsel to ensure their advertising complies with all applicable regulations.

Describe the role and responsibilities of the Ohio Surplus Lines Association. How does the association assist the Ohio Department of Insurance in regulating the surplus lines market, and what resources does it provide to surplus lines brokers operating in Ohio?

The Ohio Surplus Lines Association (OSLA) plays a significant role in supporting and regulating the surplus lines market in Ohio. While not a direct regulatory body, it acts as a liaison between surplus lines brokers and the Ohio Department of Insurance (ODI). The OSLA assists the ODI by providing education, training, and resources to surplus lines brokers, promoting compliance with Ohio insurance laws and regulations. The association also serves as a clearinghouse for information about the surplus lines market, providing data and analysis to the ODI to help inform its regulatory decisions. The OSLA offers various resources to surplus lines brokers, including continuing education courses, compliance guides, and networking opportunities. It also advocates for the interests of surplus lines brokers in Ohio. While the OSLA’s specific responsibilities are not explicitly defined in the Ohio Revised Code, its role is implicitly recognized through its collaboration with the ODI and its contributions to the effective functioning of the surplus lines market. Brokers can benefit from membership in the OSLA by accessing its resources and staying informed about industry trends and regulatory changes.

Get InsureTutor Premium Access

Gain An Unfair Advantage

Prepare your insurance exam with the best study tool in the market

Support All Devices

Take all practice questions anytime, anywhere. InsureTutor support all mobile, laptop and eletronic devices.

Invest In The Best Tool

All practice questions and study notes are carefully crafted to help candidates like you to pass the insurance exam with ease.

Video Key Study Notes

Each insurance exam paper comes with over 3 hours of video key study notes. It’s a Q&A type of study material with voice-over, allowing you to study on the go while driving or during your commute.

Invest In The Best Tool

All practice questions and study notes are carefully crafted to help candidates like you to pass the insurance exam with ease.

Study Mindmap

Getting ready for an exam can feel overwhelming, especially when you’re unsure about the topics you might have overlooked. At InsureTutor, our innovative preparation tool includes mindmaps designed to highlight the subjects and concepts that require extra focus. Let us guide you in creating a personalized mindmap to ensure you’re fully equipped to excel on exam day.

 

Get Ohio Surplus Lines Insurance Exam Premium Practice Questions

Surplus Lines Insurance Exam 15 Days

Last Updated: 07 August 25
15 Days Unlimited Access
USD5.3 Per Day Only

The practice questions are specific to each state.
3100 Practice Questions

Surplus Lines Insurance Exam 30 Days

Last Updated: 07 August 25
30 Days Unlimited Access
USD3.3 Per Day Only

The practice questions are specific to each state.
3100 Practice Questions

Surplus Lines Insurance Exam 60 Days

Last Updated: 07 August 25
60 Days Unlimited Access
USD2.0 Per Day Only

The practice questions are specific to each state.
3100 Practice Questions

Surplus Lines Insurance Exam 180 Days

Last Updated: 07 August 25
180 Days Unlimited Access
USD0.8 Per Day Only

The practice questions are specific to each state.
3100 Practice Questions

Surplus Lines Insurance Exam 365 Days

Last Updated: 07 August 25
365 Days Unlimited Access
USD0.4 Per Day Only

The practice questions are specific to each state.
3100 Practice Questions

Why Candidates Trust Us

Our past candidates loves us. Let’s see how they think about our service

Get The Dream Job You Deserve

Get all premium practice questions in one minute

smartmockups_m0nwq2li-1