Title 15, Commerce and TradeRelease 119-102

§8205 Streamlined Application for Commercial Purchasers

Title 15 › CHAPTER 108 — STATE-BASED INSURANCE REFORM › SUBCHAPTER I — NONADMITTED INSURANCE › § 8205

Last updated Aug 21, 2026|Official source

Summary

A surplus lines broker can skip a state’s required search for coverage from admitted insurers when placing insurance with a nonadmitted insurer for an exempt commercial purchaser if two things happen. The broker tells the buyer that admitted insurers might or might not offer the needed coverage and could give greater protection and oversight, and the buyer then asks the broker in writing to get the insurance from a nonadmitted insurer.

Full Legal Text

Title 15, §8205

Commerce and Trade, Source: USLM XML via OLRC

A surplus lines broker seeking to procure or place nonadmitted insurance in a State for an exempt commercial purchaser shall not be required to satisfy any State requirement to make a due diligence search to determine whether the full amount or type of insurance sought by such exempt commercial purchaser can be obtained from admitted insurers if—
(1)the broker procuring or placing the surplus lines insurance has disclosed to the exempt commercial purchaser that such insurance may or may not be available from the admitted market that may provide greater protection with more regulatory oversight; and
(2)the exempt commercial purchaser has subsequently requested in writing the broker to procure or place such insurance from a nonadmitted insurer.

Reference

Citations & Metadata

Citation

15 U.S.C. § 8205

Title 15, Commerce and Trade

Last Updated

Aug 21, 2026

Release point: 119-102