A Texas insurance agent has a client who needs commercial property coverage on a vacant warehouse that no admitted insurer in Texas will write. What must the agent do before placing the coverage with a nonadmitted (surplus lines) insurer?
Correct
The answer is D: Make a diligent effort to obtain it from admitted insurers
Insurance Code §981.004 allows surplus lines placement only when the full amount of required insurance cannot be obtained from authorized insurers after a diligent effort. The statute sets no number of declinations. Exceptions include exempt commercial purchasers and industrial insureds who ask in writing after a disclosure, and certain commercial lines, such as pollution and cyber liability, that have been exempt since 2021 (§981.004(g)). Surplus lines insurance is regulated by the Texas Department of Insurance, not by the courts or federal entities. Only a licensed surplus lines agent can place this coverage.
Why not ?
Show the answer
The answer is D: Make a diligent effort to obtain it from admitted insurers
Insurance Code §981.004 allows surplus lines placement only when the full amount of required insurance cannot be obtained from authorized insurers after a diligent effort. The statute sets no number of declinations. Exceptions include exempt commercial purchasers and industrial insureds who ask in writing after a disclosure, and certain commercial lines, such as pollution and cyber liability, that have been exempt since 2021 (§981.004(g)). Surplus lines insurance is regulated by the Texas Department of Insurance, not by the courts or federal entities. Only a licensed surplus lines agent can place this coverage.