Surplus Lines Disclosure Matrix (Click-Here)

For most commercial lines, agents can now simultaneously display both admitted and non-admitted quotes, without the need for a diligent effort form or compliance with the requirements of FS 626.916, which pertain to the eligibility for export to the surplus lines market.

Effective July 1, 2011, agents are no longer required to complete a diligent effort form prior to quoting or binding surplus lines coverage for the following commercial classes; a signed Surplus Lines Disclosure Statement is required instead:

• Commercial excess or umbrella
• Surety and fidelity
• Boiler and machinery and leakage and fire extinguishing equipment
• Errors and omissions
• Directors and officers, employment practices and management liability
• Intellectual property and patent infringement liability
• Advertising injury and Internet liability insurance
• Property risks rated under a highly protected risks rating plan

The list expands effective Oct. 1, 2011 to include:

• Fiduciary liability
• General liability
• Nonresidential property, except for collateral protection insurance as defined in FS 624.6085
• Nonresidential multiperil (package policies)
• Excess property (nonresidential)
• Burglary and theft

This does not mean the end of the diligent effort form. Many admitted lines remain subject to rate regulation and, thus, FS 626.916 still applies before a risk can be exported to the surplus lines market. Examples include residential property, residential multiperil and commercial residential. Said another way, if a residential condominium unit owner or association master policy is placed with a surplus lines insurer, a diligent effort form is required and export eligibility laws apply.

On the other hand, effective Oct. 1, a commercial (office) condominium can be placed with a surplus lines insurer, with only a Surplus Lines Disclosure Statement required.

Remember: It's your responsibility to obtain the insured's signature on the particular statement and to retain the form. For information, refer to the below matrix, designed to help you know how and when to use which form with which line of insurance. As the Office of Insurance Regulation reviews and interprets the new law, the definitions of some of the commercial lines listed above may be further refined. We will attempt to keep you informed of any new developments and interpretations by the regulation.

Group A Coverage*
Prior to 7/1/11: Diligent Effort Form and compliance with F.S. 626.916***

Effective 7/1/11: Signed Surplus Lines Disclosure Form

Group B Coverage**
Prior to 10/1/11: Diligent Effort Form and compliance with F.S. 626.916***

Effective 10/1/11: Signed Surplus Lines Disclosure form

All others including but not limited to residential, residential multiperil, and commercial residential
= Diligent Effort Form and compliance with F.S. 626.916***

* Group A Coverage:
• Commercial excess or umbrella insurance
• Surety and fidelity Insurance
• Boiler and machinery insurance and leakage and fire extinguishing equipment insurance
• Errors and omissions insurance ("E&O")
• Directors’ and officers’, employment practices, and management liability insurance
• Intellectual property and patent infringement insurance
• Advertising injury and Internet liability insurance
• Property risks rated under a highly protected risks rating plan
• Other types of commercial lines insurance determined by the OIR

** Group B Coverage:
• Fiduciary liability
• General liability
• Nonresidential property (except for collateral protection insurance as defined in §624.6085)
• Nonresidential multiperil (package policies)
• Excess property (nonresidential)
• Burglary and theft
• Commercial auto

Contact us for more information info@firestoneagency.com