Washington 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 conditions under which a Washington surplus line broker can procure insurance from an unauthorized insurer, detailing the due diligence requirements mandated by the state.

A Washington surplus line broker can procure insurance from an unauthorized insurer only when coverage is unavailable from authorized insurers admitted to do business in Washington. This unavailability must be demonstrated through a diligent search of the admitted market. RCW 48.15.040 outlines the requirements for this search, mandating that the broker make a good faith effort to find coverage from admitted insurers before placing it with a non-admitted insurer. The broker must document this search, including the names of insurers contacted and the reasons for declination. Furthermore, the unauthorized insurer must meet specific financial stability requirements, as determined by the Washington Insurance Commissioner, and be listed on the NAIC’s Quarterly Listing of Alien Insurers or maintain a similar level of solvency and regulatory oversight. Failure to conduct a diligent search or placing coverage with an unqualified unauthorized insurer can result in penalties and sanctions against the broker.

Describe the process a surplus line broker in Washington must follow to file evidence of coverage and premium tax payments with the Surplus Line Association of Washington (SLAW), including specific deadlines and potential penalties for non-compliance.

Washington surplus line brokers are required to file evidence of coverage and remit premium tax payments through the Surplus Line Association of Washington (SLAW). Within 45 days of the effective date of the placement, the broker must file a complete and accurate copy of the insurance policy or certificate of insurance, along with a detailed report outlining the coverage details, premium amount, and insurer information. Premium tax, currently set at 2% of the gross premium (RCW 48.14.020), must be remitted quarterly to SLAW. The deadlines for quarterly filings are April 15th, July 15th, October 15th, and January 15th. Failure to file reports or remit taxes on time can result in penalties, including interest charges on unpaid taxes and potential suspension or revocation of the broker’s surplus line license, as outlined in WAC 284-15-070. SLAW acts as the intermediary between the brokers and the Washington Office of the Insurance Commissioner, ensuring compliance with state regulations.

Explain the disclosure requirements a Washington surplus line broker must adhere to when dealing with clients, specifically regarding the unauthorized status of the insurer and the potential implications for policyholders.

Washington surplus line brokers have a legal obligation to clearly and conspicuously disclose to their clients that the insurance coverage is being placed with an unauthorized insurer. This disclosure must be made both verbally and in writing, prior to the inception of the policy. The disclosure must explicitly state that the insurer is not licensed in Washington and is not subject to the same regulatory oversight and consumer protections as admitted insurers. Furthermore, the disclosure must inform the client that the Washington Insurance Guaranty Association may not cover claims if the unauthorized insurer becomes insolvent. RCW 48.15.080 mandates this disclosure, and failure to comply can result in fines, penalties, and potential legal action against the broker. The purpose of this disclosure is to ensure that policyholders are fully aware of the risks associated with purchasing insurance from an unauthorized insurer.

Discuss the implications of the “export list” in Washington State for surplus lines insurance. How does it affect the ability to place coverage with non-admitted insurers, and what responsibilities does it place on the surplus line broker?

Washington State does not maintain a formal “export list” that pre-approves certain types of risks for placement with non-admitted insurers. Instead, the surplus lines broker has a responsibility to demonstrate that a diligent search of the admitted market has been conducted and that coverage is truly unavailable from authorized insurers. The absence of a formal export list places a greater burden on the broker to document their search efforts and justify the placement with a non-admitted carrier. While certain types of risks are commonly placed in the surplus lines market due to their unique nature or high risk profile, the broker must still adhere to the requirements of RCW 48.15.040 and demonstrate that the admitted market was thoroughly explored before resorting to a non-admitted insurer. Failure to do so can result in regulatory scrutiny and potential penalties.

Detail the continuing education requirements for licensed surplus line brokers in Washington State, including the number of hours required, specific course topics, and the consequences of failing to meet these requirements.

Licensed surplus line brokers in Washington State are subject to the same continuing education (CE) requirements as other insurance producers. They must complete 24 hours of approved CE courses every two-year license term. At least 3 of these hours must be in ethics. While there are no CE courses specifically mandated for surplus lines, brokers are encouraged to take courses that enhance their knowledge of surplus lines insurance, market trends, and regulatory updates. Failure to complete the required CE hours by the license renewal date will result in the lapse of the license. To reinstate a lapsed license, the broker must complete all outstanding CE hours and pay a reinstatement fee. Repeated failure to comply with CE requirements can lead to disciplinary action by the Washington Office of the Insurance Commissioner, including suspension or revocation of the license, as outlined in WAC 284-17-240.

Explain the role and responsibilities of the Surplus Line Association of Washington (SLAW) in regulating and overseeing surplus line insurance activities within the state.

The Surplus Line Association of Washington (SLAW) plays a crucial role in regulating and overseeing surplus line insurance activities in Washington State. SLAW is a self-governing organization authorized by RCW 48.15.090 to assist the Washington Insurance Commissioner in ensuring compliance with surplus line laws and regulations. SLAW’s responsibilities include: reviewing and processing surplus line filings submitted by brokers; collecting and remitting premium taxes to the state; providing education and training to brokers on surplus line regulations; monitoring the financial stability of unauthorized insurers; and acting as a liaison between brokers, the Insurance Commissioner, and the public. SLAW also investigates potential violations of surplus line laws and reports findings to the Insurance Commissioner for further action. By performing these functions, SLAW helps to maintain the integrity of the surplus line market and protect the interests of policyholders.

Describe the circumstances under which the Washington Insurance Commissioner can examine the books and records of a surplus line broker, and what types of information the Commissioner is authorized to review during such an examination.

The Washington Insurance Commissioner has broad authority to examine the books and records of any licensed surplus line broker, as outlined in RCW 48.03.020. This examination can occur at any time and for any reason deemed necessary by the Commissioner to ensure compliance with state insurance laws and regulations. The Commissioner is authorized to review all records pertaining to the broker’s surplus line business, including: policy documentation, premium records, evidence of diligent search efforts, correspondence with insurers and clients, financial statements, and any other information relevant to the broker’s operations. The purpose of the examination is to verify that the broker is adhering to all applicable laws and regulations, including those related to diligent search requirements, disclosure obligations, premium tax payments, and the financial stability of unauthorized insurers. Failure to cooperate with an examination or providing false or misleading information can result in severe penalties, including suspension or revocation of the broker’s license.

Explain the conditions under which a Washington-licensed surplus lines broker can procure insurance from an eligible non-admitted insurer, specifically addressing the due diligence requirements outlined in RCW 48.15.070 and WAC 284-15-030. What documentation is required to demonstrate that a diligent search of the admitted market was conducted?

A Washington-licensed surplus lines broker can procure insurance from an eligible non-admitted insurer only when coverage is unavailable from admitted insurers authorized to transact business in Washington. RCW 48.15.070 mandates that the broker conduct a diligent search among admitted insurers to determine if the full amount or type of insurance is procurable from these companies. This diligent search must be documented. WAC 284-15-030 specifies that the documentation must include records of declinations from at least three admitted insurers actively writing similar coverage in Washington. The declinations must be for the specific risk and coverage requested. The broker must also maintain records of communication with admitted insurers, including dates, names of contacts, and summaries of discussions. Failure to demonstrate a diligent search can result in penalties, including suspension or revocation of the surplus lines license. The documentation must be retained for at least five years and be available for inspection by the Washington Office of the Insurance Commissioner.

Describe the process for filing surplus lines insurance premium taxes in Washington State, including the specific forms required, the frequency of filing, and the penalties for late filing or non-payment, as detailed in RCW 48.15.120 and WAC 284-15-080. How does the Washington Office of the Insurance Commissioner use these tax revenues?

Surplus lines brokers in Washington State are required to file premium taxes on surplus lines insurance policies. RCW 48.15.120 mandates that a tax of 2% of the gross premiums charged, excluding separately stated federal flood insurance premiums, be collected. WAC 284-15-080 outlines the filing process, requiring brokers to submit a quarterly tax return (Form SL-1) to the Washington Office of the Insurance Commissioner (OIC). The return must be filed and the tax paid within 45 days following the end of each calendar quarter. Late filing or non-payment of taxes results in penalties, including interest on the unpaid amount and potential administrative fines. The OIC uses these tax revenues to fund the regulation and oversight of the insurance industry in Washington, including consumer protection efforts, fraud investigations, and the maintenance of a solvent insurance market. These funds also support the OIC’s educational programs and initiatives.

Explain the requirements for maintaining records of surplus lines insurance transactions in Washington State, as stipulated by RCW 48.15.100 and WAC 284-15-060. What specific information must be included in these records, and for how long must they be retained? What are the potential consequences of failing to maintain adequate records?

RCW 48.15.100 and WAC 284-15-060 detail the requirements for maintaining records of surplus lines insurance transactions in Washington State. Surplus lines brokers must maintain complete records of all surplus lines insurance placed, including the identity of the insured, the insurer, the subject of the insurance, a description of the coverage, the premium charged, and the amount of commission received. The records must also include documentation of the diligent search of the admitted market, as required by RCW 48.15.070. These records must be retained for at least five years from the date of the policy’s expiration or termination. Failure to maintain adequate records can result in disciplinary action by the Washington Office of the Insurance Commissioner, including fines, suspension, or revocation of the surplus lines license. The OIC may conduct audits to ensure compliance with these record-keeping requirements.

Discuss the role and responsibilities of the Surplus Line Association of Washington (SLAW) as it relates to the regulation of surplus lines insurance in the state. How does SLAW assist the Washington Office of the Insurance Commissioner in overseeing surplus lines brokers and insurers, and what are the specific functions delegated to SLAW by the OIC?

The Surplus Line Association of Washington (SLAW) plays a significant role in the regulation of surplus lines insurance in the state. While not a governmental entity, SLAW acts as a self-regulatory organization that assists the Washington Office of the Insurance Commissioner (OIC) in overseeing surplus lines brokers and insurers. SLAW’s responsibilities include reviewing surplus lines placements to ensure compliance with Washington law, providing education and training to surplus lines brokers, and acting as a liaison between the OIC and the surplus lines industry. The OIC delegates certain functions to SLAW, such as the initial review of non-admitted insurers seeking eligibility to write surplus lines business in Washington. SLAW also assists in monitoring the financial condition of eligible non-admitted insurers and reporting any concerns to the OIC. SLAW’s activities help to ensure that surplus lines insurance is placed responsibly and in accordance with state regulations.

Describe the process for determining the eligibility of a non-admitted insurer to write surplus lines insurance in Washington State, according to RCW 48.15.090 and WAC 284-15-040. What financial and regulatory requirements must a non-admitted insurer meet to be placed on the Washington Office of the Insurance Commissioner’s List of Eligible Non-Admitted Insurers?

RCW 48.15.090 and WAC 284-15-040 outline the process for determining the eligibility of a non-admitted insurer to write surplus lines insurance in Washington State. To be placed on the Washington Office of the Insurance Commissioner’s (OIC) List of Eligible Non-Admitted Insurers, a non-admitted insurer must meet certain financial and regulatory requirements. These requirements include maintaining minimum capital and surplus levels, as specified by the OIC, and demonstrating a history of sound financial management. The insurer must also be licensed in its domiciliary jurisdiction and be subject to regulatory oversight. The OIC reviews the insurer’s financial statements, regulatory reports, and other relevant information to assess its eligibility. The Surplus Line Association of Washington (SLAW) often assists the OIC in this review process. The OIC may remove an insurer from the list if it no longer meets the eligibility requirements or if it engages in unsafe or unsound insurance practices.

Explain the disclosure requirements that a surplus lines broker must adhere to when placing insurance with a non-admitted insurer in Washington State, as mandated by RCW 48.15.080. What specific information must be disclosed to the insured, and what is the purpose of these disclosures?

RCW 48.15.080 mandates specific disclosure requirements that a surplus lines broker must adhere to when placing insurance with a non-admitted insurer in Washington State. The broker must inform the insured, in writing, that the insurance policy is being placed with a non-admitted insurer, which means that the insurer is not licensed in Washington and is not subject to the same regulatory oversight as admitted insurers. The disclosure must also state that the Washington Insurance Guaranty Association will not pay claims if the non-admitted insurer becomes insolvent. The purpose of these disclosures is to ensure that the insured is fully aware of the risks associated with purchasing insurance from a non-admitted insurer and that they understand the limitations of coverage and protection. The disclosure must be provided to the insured prior to the placement of the insurance policy. Failure to provide these disclosures can result in penalties for the surplus lines broker.

Discuss the implications of the Washington Insurance Guaranty Association (WIGA) in the context of surplus lines insurance, referencing RCW 48.32.010 et seq. and WAC 284-32. How does WIGA’s coverage differ for admitted versus non-admitted insurers, and what steps should a surplus lines broker take to ensure their clients understand these differences?

The Washington Insurance Guaranty Association (WIGA), established under RCW 48.32.010 et seq. and further detailed in WAC 284-32, provides a safety net for policyholders of admitted insurers that become insolvent. However, WIGA does not cover policies issued by non-admitted surplus lines insurers. This is a critical distinction. A surplus lines broker has a responsibility to clearly explain this difference to their clients. They should emphasize that if the surplus lines insurer becomes insolvent, the client will not have the same protections as they would with an admitted insurer. Brokers should document that this explanation was provided, potentially through a signed acknowledgment from the client. This helps protect both the client, by ensuring they are informed, and the broker, by demonstrating they fulfilled their duty of care. Failure to adequately explain this difference could expose the broker to potential liability.

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