Insurance Glossary

Excess and Surplus Lines

Industry

Definition

The non-admitted insurance market for risks that cannot be placed in the standard admitted market due to unique characteristics, high risk, or lack of available coverage. Excess and surplus lines insurers are not licensed (admitted) in the state where the risk is located, which provides them flexibility in rates and policy forms not subject to state prior approval requirements. However, they must meet financial requirements and are listed on state-approved eligible surplus lines insurer lists. The E&S market serves as a critical safety valve for the insurance system, providing coverage for unique, high-risk, or emerging exposures. Common E&S placements include high-value properties, unusual liability risks, and specialized commercial coverages. The U.S. surplus lines market exceeded $131 billion in direct premiums written in 2024, representing approximately 12% of the total property and casualty market.

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Related Terms

Non-Admitted Insurance

Insurance placed with carriers not licensed (admitted) in the state where the insured risk is located. Non-admitted insurers, also called surplus lines insurers, are not subject to state rate and form approval requirements, giving them flexibility to underwrite unique or high-risk exposures. However, they must meet financial requirements and be listed on the state's approved eligible surplus lines insurer list. Non-admitted policies are not protected by state guaranty funds in the event of insurer insolvency, though historical insolvency rates for surplus lines carriers are low. Non-admitted insurance can only be placed after a surplus lines broker conducts a diligent search in the admitted market and documents that coverage is not available from admitted carriers.

Surplus Lines Broker

A specially licensed insurance broker authorized to place insurance with non-admitted (surplus lines) carriers. Surplus lines brokers must hold a surplus lines license in addition to a standard insurance broker license. Before placing coverage in the surplus lines market, the broker is required to conduct a diligent search to demonstrate that coverage is not available from admitted carriers in the standard market. The surplus lines broker is responsible for ensuring the surplus lines insurer meets state eligibility criteria, collecting and remitting surplus lines premium taxes to the state, and providing required filings and documentation. They serve as the critical link between clients with hard-to-place risks and the non-admitted insurance market.

Diligent Search

The requirement that a surplus lines broker must make a good-faith effort to place insurance coverage with admitted carriers in the standard market before resorting to the non-admitted (surplus lines) market. The diligent search typically requires the broker to contact a specified number of admitted insurers (often three or more, depending on state requirements) and document their declinations or inability to provide adequate coverage. The broker must maintain records of the search efforts, including which carriers were contacted, dates of contact, and reasons for declination. This requirement protects the admitted market and ensures that surplus lines are used only when standard market options are genuinely unavailable.

Admitted Carrier

An insurance company that is licensed by a state's insurance department to do business in that state. Admitted carriers must comply with state regulations including rate and form approval requirements, financial solvency standards, and market conduct rules. Their policies are backed by the state guaranty fund, which provides protection to policyholders in the event of insurer insolvency. Admitted carriers file rates and policy forms with state regulators for approval before use. They are subject to regular financial examinations and must meet ongoing reporting requirements. The admitted market represents the standard insurance marketplace, as distinguished from the surplus lines (non-admitted) market.

A business professional who analyzes probabilities of risk and risk management, including calculation of premiums, dividends, and other applicable insurance industry standards.

The process by which an insurer evaluates the risk of insuring a person or property and determines coverage terms and premium rates.

The ratio of losses paid plus loss reserves to premiums earned, used by insurers to measure underwriting profitability and pricing adequacy.

The sum of the loss ratio and expense ratio, measuring an insurer's overall underwriting profitability. A ratio below 100% indicates underwriting profit.

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