(a) A domestic insurer possessing policyholder surplus of at least twenty million dollars ($20,000,000) may be:
(1) Designated as a domestic surplus lines insurer with the written approval of the Insurance Commissioner; and
(2) Allowed to write surplus lines insurance in any jurisdiction in which it is eligible.
(b) A domestic surplus lines insurer is:
(1) Deemed a nonadmitted surplus lines insurer in the State of Arkansas; and
(2) Deemed a nonadmitted surplus lines insurer under the Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L. No. 111-203.
(c) A domestic surplus lines insurer is not subject to:
(1) The Arkansas Property and Casualty Insurance Guaranty Act, § 23-90-101 et seq.; or
(2) The Arkansas Life and Health Insurance Guaranty Association Act, § 23-96-101 et seq.
(d) A surplus lines broker that obtains surplus lines insurance from a domestic surplus lines insurer shall comply with § 23-65-315.
(e) Unless specifically exempt, the insurance laws of this state regarding financial and solvency requirements apply to a domestic surplus lines insurer.
Structure Arkansas Code
Title 23 - Public Utilities and Regulated Industries
Chapter 65 - Unauthorized Insurers and Surplus Lines
Subchapter 3 - Surplus Lines Insurance Law
§ 23-65-303. Insurer not admitted
§ 23-65-305. Conditions of procurement
§ 23-65-307. Endorsement of contract
§ 23-65-308. Licensing of surplus lines broker
§ 23-65-309. Acceptance of business from agents by surplus lines brokers
§ 23-65-310. Surplus lines in solvent insurers
§ 23-65-311. Evidence of insurance — Changes
§ 23-65-312. Liability of insurer as to losses and unearned premiums
§ 23-65-313. Records of brokers
§ 23-65-314. Quarterly statement
§ 23-65-316. Penalty for failure to file quarterly statement or remit tax
§ 23-65-317. Revocation of broker's license
§ 23-65-318. Action against insurer — Service of process