FILING REQUIREMENTS

FOR REQUALIFICATION

YEAR 2020

 

New York Department of Financial Services (NYDFS), Excess Line Placement Governing Standards is detailed within Regulation 41, 11 NYCRR Part 27. 

 

As of January 1, 2019, the minimum financial requirements for eligibility of a non-admitted insurer include policyholders’ surplus of not less than $47,000,000, and its group parent company to possess minimum policyholders’ surplus (or its substantial equivalent) of not less than $100,000,000.  Each foreign insurer is also required to be licensed by the insurer’s domicile state permitting it to write the lines of business it seeks to write in New York.  The Regulation, as amended, requires that the E&S broker obtain, review and retain certain documents in order to meet the “due care” standard before selecting an excess line insurer and to make an inquiry sufficient to demonstrate that such insurers claim practices have been, and continue to be, satisfactory, and management is trustworthy and competent. 

 

Brokers are relieved of this responsibility to the extent that ELANY obtains, reviews and retains these documents. Therefore, to ease the insurer’s burden of having to provide these documents annually to each broker with whom they do business, ELANY will continue to request and review these documents from insurers’ writing, or seeking to write, surplus lines business in New York.  The companies that provide this information and are deemed financial sound, and who meet other required criteria will continue be listed on ELANY’s website along with a financial summary.

 

The annual re-qualification fee is waived for 2020.

 

Attached is a list of items to be submitted to this Association and to the New York State Department of Financial Services.

 

All documents are to be mailed as follows:

 

Excess Line Association of New York

120 Wall Street

24th Floor

New York, New York 10005

Attn: Steven Guest

sguest@elany.org 

New York State Department of Financial Services, Insurance Division

One State Street

New York, New York 10004-1511

Attn: Jose Joseph

        Supervising Insurance Examiner  

       Property Bureau, Second Floor

      jose.joseph@dfs.ny.gov

 

Should you need further assistance, please contact Darlene Moreta at

646-292-5556 or dmoreta@elany.org

 

 

Attachment

 

 

2020 REQUALIFICATION FILING REQUIREMENTS

 

DOCUMENT                     

DESCRIPTION

 

 

1) Current license or Certificate of

    Authority

If there are changes to your original license, provide a copy of the most recent license indicating the lines of business currently authorized to write.

 

 

2) 2019 Annual Statutory

Financial Statement

 

3) 2019 IRIS Test Results

 

 

4) Management Discussion and    Analysis (MD&A)

 

5) Report on Examination and Market Conduct Report, if applicable

Provide a signed notarized 8½” by 14”.

(Due March 15, 2020)

 

A copy of the company’s 2019 NAIC IRIS Test Results, and where applicable, any responses to unusual values.

 

A copy of the MD&A that accompanies the 2019 Annual Statutory Financial Statement.

 

A copy of the latest Report on Examination and Market Conduct Report, if applicable, performed by the domicile state.

 

 

6) 2019 Parent Company

Financial Statement

 

A copy of the most recent audited financial statement for the ultimate parent of the company.

(Due July 10, 2020)

 

 

7) EL-1 Report

 

A report of N.Y. business bound during 2019 as required by Reg. 41 §27.14(a). This document should be prominently stamped “Confidential – Proprietary Information not to be released to third parties”.  The required EL-1 Report format is available on the New York State Department of Financial Services website http://www.dfs.ny.gov/insurance/datacall/calls/reg41exc.htm.

(To be submitted to DFS only)