Ohio does not have an export list. Insurance cannot be solicited, procured, placed or renewed with an unauthorized insurer unless a diligent search of the admitted market has been made. A search is considered diligent if the agent or surplus lines broker has contacted at least five of the authorized insurers the agent or surplus lines broker represents that write the kind of insurance required by the insured. If the agent or surplus lines broker do not represent five or more authorized insurers then they must contact as many authorized insurers as they represent that customarily write the kind of insurance required by the insured.
To comply with ORC 3905.33 (c), an affidavit must be completed for every risk placed in the surplus lines market. Brokers must keep the affidavit in their files for 5 years. A copy of the affidavit is to be given to the insured and originating agent. Affidavits are NOT to be sent to the Insurance Department. We recommend language similar to the following to be prominently placed on the declaration page. THE INSURANCE HEREBY EVIDENCED IS WRITTEN BY AN APPROVED NON-LICENSED INSURER IN THE STATE OF OHIO AND IS NOT COVERED IN CASE OF INSOLVENCY BY THE OHIO INSURANCE GUARANTY ASSOCIATION.
Surplus lines brokers are to report their business as required by ORC 3905.36 using the On-Line Surplus Lines, Risk Retention and Purchasing Group application. This is a detail report of all business written in Ohio. Instructions for using the secure application can be found on the website. New brokers are mailed user IDs and passwords when their license is issued. Only brokers with valid licenses will be able to use the application. This application allows you to enter transactions at any time through out the year. On midnight March 31 the application is locked and you may no longer enter or change any transactions for the preceding year.
By March 31 of each year taxes are due. The tax rate is 5%. The Surplus Lines Premium Tax Summary and check are to be mailed to the Office of the Treasurer. Zero premium reports are not required.
A list of eligible surplus lines carriers in Ohio is provided on the Department’s web site.
If you have any questions, send an email to firstname.lastname@example.org or contact Felisa Brown at 614-644-2635.
Important Notice Announcing On-Line Reporting (Effective 6/1/2006)
Instructions to On-Line Reporting
Bulk Upload Data Element Guide
On-line Surplus Lines, Risk Retention Groups and Purchasing Group Reporting Application