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ARTICLE · 28 APRIL 2023

US NAIC Spring 2023 National Meeting Highlights: Surplus Lines (C) Task Force

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On March 21, 2023, the Surplus Lines (C) Task Force (the "Task Force") met at the Spring 2023 National Meeting of the US National Association of Insurance Commissioners ("NAIC").

United StatesInsurance

On March 21, 2023, the Surplus Lines (C) Task Force (the "Task Force") met at the Spring 2023 National Meeting of the US National Association of Insurance Commissioners ("NAIC"). Among other matters, the Task Force voted to adopt certain amendments to the Nonadmitted Insurance Model Act (the "Model Act").

Background

In 2011, the Nonadmitted and Reinsurance Reform Act ("NRRA") was enacted into law as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The NRRA dramatically changed the regulation of surplus lines insurance by preempting state insurance laws in a number of respects. Among other things, the NRRA provided that only the home state of the insured is entitled to collect premium taxes for surplus lines insurance. If the insured is a business entity, the home state is defined as the state in which the insured maintains its principal place of business, unless 100 percent of the insured risk is located outside of that state, in which case

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