Domestic Excess Line Carrier — An Oxymoron?

September 26, 2012

Excess and surplus line insurers have historically been defined as “non-admitted” foreign or alien companies that can only write risks through licensed excess line brokers, and only on risks that have either been rejected by “admitted” carriers or meet other specific statutory requirements.  Legislation proposed in New York would allow the creation of domestic excess line insurers, joining two other states, Illinois and New Jersey, which allow such entities.  My Insight column in the September 10, 2012 issue of Insurance Advocate magazine entitled “Domestic Excess Line Carrier – an Oxymoron?” explores the pros and cons of the proposed legislation and why this apparent contradiction may actually be beneficial to the industry, its customers, investors and regulators.  A copy of the column is available from my website at www.pbnylaw.com/publications/.

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