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General Information for Surplus Lines Agents & Brokers

Ohio does not have an export list.  Except when exempt, 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 does 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), the form titled Surplus Lines Statement must be completed for every risk placed in the surplus lines market. Brokers must keep the original or a copy of the completed form in their files for 5 years. A copy of the completed form is to be given to the insured and originating agent. Copies of the completed forms 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.

The business of surplus lines brokers is to be reported as required by ORC 3905.36 using the On-Line Surplus Lines & Risk Retention Groups Reporting Application. This is a detail report of all business written in Ohio.  Links to the user guides for creating a Gateway account and using the reporting application can be found below.  This application allows you to enter transactions at any time throughout 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%. All tax payments should be accompanied by the Surplus Lines Premium Tax Summary Form (INS 4001).  (Link provided below).  The check and form are to be mailed to the Office of the Treasurer.

Zero premium reports are not required.

A list of eligible surplus lines insurers and risk retention groups in Ohio is provided on the Department’s web site.

If you have any questions, send an email to surplus.lines@insurance.ohio.gov or contact Felisa Brown at 614-644-2635

 

Links:

ODI Gateway User Guide, including how to manage affiliations

Reporting Application UserGuide, including Bulk Upload Instructions

Premium Tax Summary Form (INS 4001)

List of Eligible Surplus Lines Companies & Risk Retention Groups

NAIC Quarterly Listing of Alien Insurers

On-Line Surplus Lines & Risk Retention Groups Reporting Application

 


The State of Ohio is an Equal Opportunity Employer

Ohio Department of Insurance
50 W. Town Street, Third Floor - Suite 300
Columbus, Ohio  43215
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John Kasich, Governor | Jillian Froment, Director
General Info: 614-644-2658 | Consumer Hotline: 800-686-1526
Fraud Hotline: 800-686-1527 | OSHIIP Hotline: 800-686-1578