Liability of Surplus Lines Insurer for Losses and Unearned Premiums

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  1. If an unauthorized company has assumed the risk in accordance with this chapter, and if the premium for the insurance has been received by the surplus lines agent who placed the insurance, then in all questions thereafter arising under the coverage as between the insurance company and the insured, the insurance company shall be deemed to have received the premium due to it for the coverage. The insurance company shall be liable to the insured as to losses covered by the insurance, and for unearned premiums that may become payable to the insured upon cancellation of the insurance, whether or not, in fact, the surplus lines agent is indebted to the insurer with respect to the insurance, or for any other cause.
  2. Each unauthorized company assuming a surplus lines insurance risk under this chapter shall be deemed to have subjected itself to the requirements of this section.


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