Oregon 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 and regulatory requirements for an Oregon surplus lines broker to place coverage with a non-admitted insurer that is not listed on the Oregon Insurance Division’s Quarterly Listing of Alien Insurers?

Oregon Revised Statute (ORS) 735.415 outlines the requirements for placing coverage with non-admitted insurers. If the insurer is not on the Oregon Insurance Division’s Quarterly Listing of Alien Insurers, the surplus lines broker must diligently search among admitted insurers for coverage. If admitted insurers cannot provide coverage, the broker must then determine if the non-admitted insurer meets the financial stability requirements as defined by ORS 735.415 and OAR 805-030-0070. The broker must also file an affidavit with the Oregon Insurance Division, within 30 days of placement, stating that a diligent search of admitted insurers was conducted and that the non-admitted insurer meets the necessary financial requirements. Failure to comply with these regulations can result in penalties, including fines and license suspension. The broker must maintain records of the diligent search and insurer eligibility for at least five years.

Detail the specific record-keeping requirements for Oregon surplus lines brokers, including the types of documents that must be maintained, the retention period, and the consequences of failing to maintain adequate records as per Oregon Administrative Rules (OAR).

Oregon Administrative Rule (OAR) 805-030-0090 details the record-keeping requirements for surplus lines brokers. Brokers must maintain complete records of all surplus lines transactions, including the policy application, policy, evidence of diligent search among admitted insurers, premium information, and any correspondence related to the placement. These records must be retained for at least five years from the date of policy expiration or cancellation. The records must be readily available for inspection by the Oregon Insurance Division. Failure to maintain adequate records can result in disciplinary action, including fines, suspension, or revocation of the surplus lines license. The records must clearly demonstrate compliance with all surplus lines regulations, including the diligent search requirement and the eligibility of the non-admitted insurer.

Describe the permissible methods for an Oregon surplus lines broker to collect and remit surplus lines taxes, including the specific forms required and the deadlines for submission, as outlined in Oregon statutes and regulations. What are the penalties for late filing or underpayment of taxes?

Oregon Revised Statute (ORS) 735.475 and related administrative rules govern the collection and remittance of surplus lines taxes. Surplus lines brokers are responsible for collecting a tax of 3% on the gross premium charged for surplus lines insurance. This tax must be remitted to the Oregon Department of Revenue on a quarterly basis, using the prescribed form. The deadlines for filing and payment are typically the last day of the month following the end of each calendar quarter (April 30, July 31, October 31, and January 31). Late filing or underpayment of taxes can result in penalties, including interest charges on the unpaid tax and fines. The Oregon Department of Revenue may also pursue legal action to recover unpaid taxes and penalties. Brokers must maintain accurate records of all premiums and taxes collected to ensure compliance with these regulations.

Explain the “diligent effort” requirement for Oregon surplus lines brokers, detailing the specific steps a broker must take to demonstrate that coverage was not available from admitted insurers before placing it with a non-admitted insurer. What documentation is required to prove this effort?

The “diligent effort” requirement, as outlined in ORS 735.410 and OAR 805-030-0060, mandates that an Oregon surplus lines broker must make a thorough attempt to secure coverage from admitted insurers before placing it with a non-admitted insurer. This involves contacting a reasonable number of admitted insurers that typically write similar risks. The broker must document each attempt, including the date, insurer contacted, name of the contact person, and the reason for declination. A simple statement that coverage was unavailable is insufficient. The documentation must demonstrate a genuine effort to find coverage within the admitted market. Acceptable documentation includes written declinations from admitted insurers or detailed notes of conversations with underwriters. The Oregon Insurance Division may request this documentation during an audit to verify compliance with the diligent effort requirement. Failure to adequately document this effort can result in penalties.

Discuss the implications of ORS 735.455 regarding the validity of surplus lines insurance contracts. Specifically, what conditions must be met for a surplus lines policy to be considered valid and enforceable in Oregon?

ORS 735.455 addresses the validity of surplus lines insurance contracts in Oregon. For a surplus lines policy to be considered valid and enforceable, several conditions must be met. First, the insurance must be lawfully placed with a non-admitted insurer that meets the financial stability requirements set forth in ORS 735.415 and related regulations. Second, the surplus lines broker must have complied with all applicable regulations, including the diligent effort requirement and the filing of required affidavits and tax payments. Third, the policy must contain a conspicuous disclosure statement, as required by ORS 735.460, informing the insured that the insurer is not admitted in Oregon and that the policy is not subject to the same regulatory protections as policies issued by admitted insurers. Failure to meet these conditions may render the policy unenforceable, leaving the insured without coverage in the event of a loss.

Explain the role and responsibilities of a surplus lines association in Oregon, referencing relevant statutes and regulations. What are the benefits and obligations of membership for surplus lines brokers?

While Oregon does not have a mandatory surplus lines association like some other states, the Oregon Surplus Line Association (OSLA) serves as a voluntary organization for surplus lines brokers. Although not mandated by statute, the OSLA plays a crucial role in promoting ethical conduct, providing education and training, and advocating for the interests of surplus lines brokers in Oregon. Membership in the OSLA provides brokers with access to valuable resources, including continuing education courses, industry updates, and networking opportunities. While there are no specific legal obligations tied directly to OSLA membership, adherence to the OSLA’s code of ethics can enhance a broker’s reputation and credibility within the industry. Brokers should consult the OSLA’s bylaws and membership guidelines for specific details on membership benefits and responsibilities.

Describe the specific disclosure requirements outlined in ORS 735.460 that an Oregon surplus lines broker must adhere to when placing coverage with a non-admitted insurer. What information must be disclosed to the insured, and what are the potential consequences of failing to provide adequate disclosure?

ORS 735.460 mandates specific disclosure requirements for Oregon surplus lines brokers. The broker must provide the insured with a clear and conspicuous disclosure statement informing them that the insurance policy is being placed with a non-admitted insurer, meaning the insurer is not licensed in Oregon and is not subject to the same regulatory oversight as admitted insurers. The disclosure must also state that the Oregon Insurance Guaranty Association may not cover claims if the non-admitted insurer becomes insolvent. This disclosure must be provided to the insured prior to the placement of coverage. Failure to provide adequate disclosure can result in penalties, including fines and potential liability for uncovered claims if the non-admitted insurer fails to pay. The disclosure serves to ensure that the insured is fully aware of the risks associated with purchasing insurance from a non-admitted insurer.

Explain the process and regulatory requirements for an Oregon surplus lines broker to place coverage with a non-admitted insurer that subsequently becomes insolvent. What responsibilities does the broker have to the insured in such a scenario, referencing specific Oregon statutes?

When a non-admitted insurer becomes insolvent after a surplus lines broker has placed coverage with them, the broker’s responsibilities are governed by Oregon statutes and ethical considerations. The broker must promptly notify the insured of the insolvency. Oregon Revised Statute (ORS) 735.400 outlines the requirements for surplus lines insurance, including the broker’s duty to ensure the financial stability of the non-admitted insurer. While the Oregon Insurance Guaranty Association generally does not cover non-admitted insurers, the broker may be liable if they failed to exercise due diligence in selecting a financially sound insurer. This due diligence includes verifying the insurer’s listing on the NAIC International Insurers Department (IID) Quarterly Listing of Alien Insurers and assessing its financial ratings. The broker must also advise the insured to seek alternative coverage and assist in securing it, if possible. Failure to properly disclose the risks associated with non-admitted insurers and to conduct adequate due diligence can result in legal and regulatory action against the broker.

Detail the specific record-keeping requirements for Oregon surplus lines brokers, including the types of documents that must be maintained, the retention period, and the potential penalties for non-compliance as outlined in Oregon Administrative Rules (OAR).

Oregon Administrative Rules (OAR) dictate stringent record-keeping requirements for surplus lines brokers. Brokers must maintain complete records of all surplus lines transactions, including the policy application, the diligent effort search documentation, the policy declarations, premium payment records, and any correspondence with the insured and the non-admitted insurer. OAR 805-009-0030 specifies that these records must be retained for at least five years after the policy’s expiration date. The records must be readily available for inspection by the Oregon Department of Consumer and Business Services (DCBS). Failure to maintain accurate and complete records can result in penalties, including fines, suspension, or revocation of the surplus lines license. The rules also require brokers to maintain a system for tracking policy renewals and expirations to ensure continuous coverage for the insured, where appropriate. Furthermore, the records must clearly demonstrate that the broker complied with the diligent effort requirements outlined in ORS 735.415.

Explain the “diligent effort” requirement for placing insurance with a non-admitted insurer in Oregon. What constitutes sufficient documentation of this effort, and what are the potential consequences for failing to demonstrate a diligent search for coverage from admitted insurers? Reference relevant Oregon statutes and administrative rules.

The “diligent effort” requirement, as defined in ORS 735.415 and further clarified in OAR 805-009-0020, mandates that a surplus lines broker must make a thorough and good-faith attempt to secure coverage from admitted insurers before placing it with a non-admitted insurer. This effort must be documented meticulously. Acceptable documentation includes written rejections from at least three admitted insurers, or a documented explanation of why fewer than three insurers were contacted if the coverage is highly specialized or unusual. The documentation must include the names of the insurers contacted, the dates of contact, the reasons for rejection, and the premium quotes received (if any). Failure to adequately document the diligent effort can result in penalties, including fines, suspension, or revocation of the surplus lines license. The Oregon Department of Consumer and Business Services (DCBS) scrutinizes these records to ensure that brokers are not circumventing the admitted market unnecessarily. The burden of proof lies with the broker to demonstrate that a diligent search was conducted.

Describe the process for calculating and remitting surplus lines premium tax in Oregon. What are the specific tax rates, reporting deadlines, and penalties for late filing or underpayment, as stipulated by Oregon law?

Oregon imposes a premium tax on surplus lines insurance, which surplus lines brokers are responsible for collecting and remitting. The current tax rate is 3% of the gross premium charged for the surplus lines coverage, as outlined in ORS 735.445. Brokers must file a quarterly tax return with the Oregon Department of Revenue, reporting all surplus lines premiums written during the quarter. The returns and tax payments are due on or before the last day of the month following the end of the calendar quarter (e.g., April 30 for the first quarter). Penalties for late filing or underpayment are significant. Late filing penalties can range from 5% to 25% of the tax due, depending on the length of the delay. Interest is also charged on underpayments. In addition to monetary penalties, repeated or egregious violations can result in disciplinary action against the broker’s license. Accurate record-keeping and timely filing are crucial for compliance.

What are the permissible activities of a non-resident surplus lines broker in Oregon? Under what circumstances can a non-resident broker operate in Oregon, and what specific licensing requirements must they meet, referencing relevant Oregon statutes and administrative rules?

A non-resident surplus lines broker can operate in Oregon if they hold a valid surplus lines license in their resident state and obtain a non-resident surplus lines license from the Oregon Department of Consumer and Business Services (DCBS). ORS 735.405 and OAR 805-009-0010 outline the specific requirements. The non-resident broker must complete an application, pay the required fees, and provide proof of licensure in their home state. Oregon may also require the non-resident broker to pass a surplus lines examination or complete continuing education courses. The non-resident license allows the broker to place surplus lines insurance on risks located in Oregon, provided they comply with all Oregon surplus lines laws and regulations. The non-resident broker must also maintain a registered office in their resident state and designate a resident agent for service of process in Oregon. Failure to comply with these requirements can result in the denial or revocation of the non-resident license.

Discuss the ethical considerations and potential conflicts of interest that a surplus lines broker must navigate when placing coverage with a non-admitted insurer in Oregon. How does the broker’s duty to the insured differ from their relationship with the non-admitted insurer, and what steps should be taken to ensure transparency and protect the insured’s interests?

Surplus lines brokers face unique ethical challenges due to the inherent risks associated with non-admitted insurers. The broker has a fiduciary duty to the insured, meaning they must act in the insured’s best interests. This duty requires the broker to thoroughly assess the financial stability and claims-paying ability of the non-admitted insurer, even though the broker may also have a business relationship with that insurer. Potential conflicts of interest arise if the broker receives higher commissions from certain non-admitted insurers or has a personal relationship with the insurer’s management. To mitigate these conflicts, the broker must disclose any potential conflicts to the insured and prioritize the insured’s needs over their own financial gain. Transparency is paramount. The broker should clearly explain the risks associated with non-admitted insurers, including the lack of coverage from the Oregon Insurance Guaranty Association. The broker should also document their due diligence efforts and provide the insured with all relevant information about the insurer’s financial condition. Failure to act ethically can result in legal liability and damage to the broker’s reputation.

Explain the conditions under which an Oregon-licensed surplus lines broker can procure insurance from a non-admitted insurer that is not listed on the NAIC’s Quarterly Listing of Alien Insurers. What specific steps and documentation are required to justify placing coverage with such an insurer, and what potential liabilities does the broker assume in doing so?

While Oregon law generally requires surplus lines brokers to place coverage with non-admitted insurers listed on the NAIC’s Quarterly Listing of Alien Insurers (or its equivalent for domestic surplus lines insurers), there are limited exceptions. If a broker believes that the insured’s needs cannot be adequately met by insurers on the NAIC list, they may seek approval from the Oregon Department of Consumer and Business Services (DCBS) to place coverage with a non-listed insurer. This requires a detailed written justification, demonstrating that the listed insurers are unable or unwilling to provide the necessary coverage, and that the non-listed insurer is financially sound and reputable. The broker must provide comprehensive financial information about the non-listed insurer, including audited financial statements and independent ratings. The DCBS will review the request and may require additional information before granting approval. By placing coverage with a non-listed insurer, the broker assumes increased liability. If the insurer becomes insolvent or fails to pay claims, the broker may be held liable for damages if they failed to exercise due diligence in selecting the insurer or failed to adequately disclose the risks to the insured. The broker must also ensure that the policy complies with all applicable Oregon laws and regulations.

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