Excess & Surplus Lines Insurance

The excess and surplus lines market (hereafter referred to as surplus lines) is a supplemental market of insurance companies that do not have a certificate of authority to write insurance in Utah. These insurers do not “do business” in Utah. Laws and regulations provide a mechanism to control the surplus lines brokers’ “export” of business to recognized non-admitted insurers. Though specifics may differ, there is a consistency in the basic framework of surplus lines laws throughout the various states. The prohibition against soliciting business on behalf of non-admitted insurers is universal, as well as the requirement that there be a diligent, good faith effort to place the insurance with an admitted insurer. Documentation and justification of the surplus lines placement are always required. Restrictions on using surplus lines for the purpose of price advantage and restrictions on exporting different layers or segments of a risk are common. Several states use an export list of insurance coverages and classes. Some states have exemptions for larger insureds. Utah surplus lines rules and procedures are consistent with most other states in these areas.

Frequently Asked Questions

What is your surplus lines tax rate?

4.25% of gross premiums less return premiums due to cancellations or premium reductions. Gross premiums include all policy fees.

Is there a stamping fee?

Yes. The stamping fee is .0018 of the gross premiums less return premiums due to cancellations or premium reductions. Gross premiums include all policy fees.

Do you have a stamping office?

The Surplus Line Association of Utah acts as the stamping office for the Utah Insurance Commissioner. All submissions of surplus lines policies should be sent to the Surplus Line Association of Utah within 60 days of the effective date of the coverage. The broker will then be billed. Contact the Surplus Line Association for further instructions.

The Surplus Line Association of Utah
6711 South 1300 East
Salt Lake City, UT 84121
Phone: (801) 944-0114
Fax: (801) 944-0116
www.slaut.org

Can non-residents obtain a surplus lines brokers license?

Yes, Utah has a non-resident surplus lines broker’s license. Contact our Producer Licensing Division.

Statutes, Rules and Bulletins Applicable to Surplus Lines

Current statutes, rules and bulletins are as follows:

  • Statutory Provisions
  • Rules
    • R590-157: Surplus Lines Insurance Premium Tax and Stamping Fee
    • R590-171: Surplus Lines Procedures Rule
  • Bulletin
    • 2012-4: Filing Changes on Multi-State Risk Policies for Surplus Lines Clearinghouse

Submission Procedures

All surplus lines transactions on risks with Utah exposures must be submitted to the Surplus Line Association of Utah for examination for compliance with Utah laws and rules and for collection of the Utah surplus lines premium tax.

The Surplus Line Association of Utah
6711 South 1300 East
Salt Lake City, UT 84121
Phone: (801) 944-0114
Fax: (801) 944-0116
www.slaut.org

Submissions must include the applicable submission form(s) and a complete copy of the policy, certificate or endorsement(s). Submissions must be made within 60 days of the effective date of the transaction. If submissions are not made within this time-frame, a penalty will be assessed. (If the policy is not available within 60 days a binder with full specifics of the coverage must be submitted.)

Surplus Lines submission forms may be obtained from the Surplus Line Association of Utah.

Resources

Recognized Surplus Lines Insurer List — provided by the Surplus Line Association of Utah

Procedure to be added to the Recognized Surplus Lines Insurer List:
New Alien Company Application
New Foreign Company Application

Utah “Export List” of coverages and classes eligible for export to the E&S market
The Role of the Export List
The export list is not exclusionary. It does not affect what may or may not be placed through surplus lines insurers. It is a procedural tool. For those items on the list, some of the procedures for surplus lines placements are eliminated — simplifying the process. If a coverage or class is included on this list, the diligent search of admitted insurers is not required. If a coverage or class is not included on the list, the normal diligent search will still be necessary.

It is not the role of the export list to include every possible surplus lines exposure. Its role is to list the obvious coverages and classes that in almost every case will only be written by a surplus lines company. If a coverage or exposure is not on the list, it may still be written through surplus lines if the procedures included in Rule R590-171 are followed.
EXPORT LIST — Effective April 2021
Surplus Lines Export List