The Surplus Lines Market is Not Just for Celebrities
January 25, 2022
The Surplus Lines Market is Not Just for Celebrities

In 2004 a movie came out with Ben Stiller and Jennifer Aniston called “Along Came Polly”, the movie centers around Stiller who is a Risk Analyst for a life insurance company and part of the story follows a Richard Branson type who is seeking life insurance. Stiller uses his Risk Master software to calculate the risk of insuring this individual who is an extreme adrenaline junkie. Needless to say, Stiller finds that the CEO’s penchant for danger makes him uninsurable for life insurance- how can you calculate a rate for someone willing to jump out of a perfectly good airplane? There are very few movies out there about insurance folks so bear with me while I circle back around on this.


We all know that you can insure a person through life insurance, although there are several hazardous occupations that make that endeavor expensive or seemingly impossible. The most dangerous jobs in the world include logging, commercial fishing, and mining, but did you know that it also includes farmers, truck drivers, and garbage collectors? These occupations are considered inherently dangerous and therefore the rates to insure the life of these occupations is costly and hard to obtain. Or what about the celebrities that want to insure their limbs? Rihanna, Heidi Klum and Jamie Lee Curtis insure their legs, Keith Richards insures his hands, Julia Roberts and America Ferrera insure their smiles and numerous other celebrities insure various parts and pieces for Millions of Dollars. So, where does one go to obtain insurance when the standard companies won’t take the risk?


Throughout modern history there have been insurers who have hit the headlines for covering unusual risks, mostly through a conglomerate of underwriters and actuaries that put pencil to paper to calculate manual rates for the risks and put up a promise to pay in exchange for a premium, essentially gambling that they will not have to payout. In theory, you can insure anything, from a satellite in space to the Titanic (the Titanic was insured for 1 million pounds). One of the many myths floating around Lloyd’s of London is thousands of policies taken out by people just in case they are turned into a vampire or werewolf (the Twilight Saga has some explaining to do). What about a movie director that wanted to protect himself against losses in the event that extraterrestrial intelligence was discovered before his movie came out to which the insurer refused, stating “I’m sorry Dave, I’m afraid I can’t do that”.


One of the most famous and largest conglomerates of underwriters in the world that take on this very enigmatic endeavor is called Lloyd’s of London. They are one of the many brokers who undertake the rating of the strange and unusual or the emerging risks that don’t have standard rates developed due to the newness of their innovation. They may also take on risks with adverse losses, high hazards and large values. This market segment is called Surplus Lines.


What is surplus lines insurance?

Simply put, surplus lines insurers are carriers that are willing to take on the risk when a number of admitted carriers have declined to do so. Standard market insurers continue to depart from certain lines of business, classes of business and certain geographies and are reducing limit capacities on both property and casualty placements. Admitted carriers seek to maintain underwriting discipline by reducing or withdrawing from certain risk classes to improve margins and de- risk their portfolios and the excess & surplus lines sector of the industry continues to grow as a result.


The U.S. insurance market is very competitive with many insurers licensed and admitted by states to provide coverage for numerous risks through a variety of distribution channels. Simply stated, in most states surplus lines insurers cannot write insurance coverage available from admitted insurers and may only write coverage rejected by a number of admitted insurers.


Are Surplus Lines Regulated?

While the surplus lines insurance market is regulated differently than the admitted market, it is a regulated marketplace. Surplus lines insurers are subject to regulatory requirements and are overseen for solvency by their domiciliary state or country. While solvency regulation is the responsibility of the surplus lines insurer’s domiciliary state or country, the surplus lines transaction is regulated through a licensed surplus lines broker. These brokers are responsible for ensuring the surplus lines insurer meets eligibility criteria to write policies in the state and to ensure the insurers are financially sound.


A consumer benefit available to admitted insurer policyholders but not available to surplus line insurers is protection by the state’s guaranty fund. This guaranty is funded by admitted insurers and will pay claims should an insurer become insolvent. Due to the strong and effective state-based solvency monitoring framework, the insolvency rate of surplus lines insurers has been historically equivalent to the admitted marketplace.


Just like Ben Stiller in the movie, surplus lines underwriters have to calculate the hazards and risks associated with the operations of that risk and calculate the premiums needed to cover their loss should it occur. This can be difficult when there is no past experience to draw from, but many times an underwriter will draw the knowledge and experience of similar risks to get to the point where they feel comfortable with the rate and an insurance policy is born. Most surplus lines business is not as dramatic as the examples above, but I have found through my 2-decade career to have experienced a few interesting endeavors such as a Reindeer farm, an antique steamboat, and my personal favorite, a fireworks factory (oh yes, they exist, Billy).


Not All Agents are Created Equal

When it comes to surplus lines insurance you need to have an agent that you can trust who knows the marketplace and the brokers like the back of their hand. Not all agents are created equal. If you’re in the market and not sure where you should turn to for your unique endeavor, try calling us at Simco. Our licensed agents can guide you through the process to provide you with insurance coverage as unique as your business.

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