How to Become Eligible

Eligibility

To become an eligible surplus lines insurer, the company must be licensed in its home state or country to sell insurance.

Each insurer must register with the Texas Department of Insurance (TDI), which is responsible for keeping a record of surplus lines insurers in the state.

Domestic Surplus Lines Insurer (DSLI)

As of January 1, 2018, insurers domiciled in Texas may apply for a domestic surplus lines insurer (DSLI) certificate, which allows a surplus lines insurer to be domiciled in Texas and write surplus lines coverage in Texas. In order to attain designation as a DSLI, an insurer must meet the following requirements:

• Apply for a DSLI certificate through TDI
• Maintain at least $15 million in capital and surplus as noted in Texas Insurance Code Section 981.072

After the DSLI certificate has been granted, a DSLI may redomesticate to Texas. The DSLI certificate does not authorize a surplus lines insurer to conduct business in the admitted market.

Foreign Insurers

A foreign surplus lines insurer is an insurer that is domiciled in the United States, but outside of Texas. TDI is responsible for determining the evidence filing requirements for foreign insurers in Texas as the Non-Admitted & Reinsurance Reform Act (NRRA) requirements do not automatically equate to automatic eligibility for Foreign Insurers.

Foreign insurers must meet the following requirements outlined in 28 Texas Administrative Code Section 15.301(a)(1) to become eligible surplus lines insurers in Texas, in accordance with the Texas Insurance Code and the Texas Administrative Code:

• Maintain capital and surplus of at least $15 million, as required by the Texas Insurance Code Section 981.057
• Provide the following information to SLTX and TDI relating to insurer eligibility :
  • insurer information, including the insurer’s:
    • full name;
    • physical address for its principal place of business;
    • mailing address;
    • NAIC number; and
    • contact individual’s name, phone number, and email;
  • the state in which they are domiciled;
  • a list of all lines and classifications of insurance business the applicant is authorized to insure or reinsure.

Surplus lines filing requirement documents must be submitted to SLTX using the form below and to TDI. For more information, contact SLTX at (512) 531-1880.

Alien Insurers

Alien surplus lines insurers are insurers that are domiciled outside of the United States. These insurers must be listed with the NAIC International Insurance Department (IID) Quarterly Listing of Alien Insurers. Insurers must file financial statements and reports with the NAIC and do not file any evidence with TDI or SLTX, however providing a US contact address and phone number, as well as information regarding the types of insurance the company anticipates writing in Texas, is encouraged (28 TAC 15.301 (a)(2)).

For insurers domiciled in another state, this information must include documents evidencing authorization from the insurer’s domiciliary jurisdiction to write the same kind and class of business that it proposes to write in Texas and documentation that the insurer has capital and surplus required by Insurance Code §981.057.