Schwarzenegger Signs Surplus Line Bill Into Law

California Gov. Arnold Schwarzenegger has signed AB 1708 (Villines) into law, requiring the total capital and surplus requirements for nonadmitted insurers in California to be at least $45 million, up from $15 million. The law requires $25 million of this amount to be held in forms that meet the requirements of Department of Insurance statutes relative to the general investment law. AB 1708 also authorizes the balance of the required minimum capital to be held in instruments that are allowable under either the General Investments Law or the Excess Funds Investments Law.

If a nonadmitted insurer on the List of Eligible Surplus Line insurers does not meet the capital and surplus requirements as of Jan. 1, 2011, the insurer must have at least $30 million in capital and surplus as of Dec. 31, 2011, and at least $45 million by Dec. 31, 2013.

AB 1837, which would authorize admitted affiliates of California domestic insurers to provide administrative services to nonadmitted affiliates approved by the DOI to accept surplus lines placements in California, is still awaiting the Governor’s signature.