Domestic surplus lines insurers

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  1. (a) A domestic insurer possessing policyholder surplus of at least twenty million dollars ($20,000,000) may be:

    1. (1) Designated as a domestic surplus lines insurer with the written approval of the Insurance Commissioner; and

    2. (2) Allowed to write surplus lines insurance in any jurisdiction in which it is eligible.

  2. (b) A domestic surplus lines insurer is:

    1. (1) Deemed a nonadmitted surplus lines insurer in the State of Arkansas; and

    2. (2) Deemed a nonadmitted surplus lines insurer under the Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L. No. 111-203.

  3. (c) A domestic surplus lines insurer is not subject to:

    1. (1) The Arkansas Property and Casualty Insurance Guaranty Act, § 23-90-101 et seq.; or

    2. (2) The Arkansas Life and Health Insurance Guaranty Association Act, § 23-96-101 et seq.

  4. (d) A surplus lines broker that obtains surplus lines insurance from a domestic surplus lines insurer shall comply with § 23-65-315.

  5. (e) Unless specifically exempt, the insurance laws of this state regarding financial and solvency requirements apply to a domestic surplus lines insurer.


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