Most insurance in Idaho is written by insurance companies licensed by the Idaho Department of Insurance and protected by the Idaho Guaranty Fund. These companies are regulated by the State in a variety of ways, including restrictions on the amount of premium charged and policy forms used. However, licensed companies will not provide all the insurance coverage needed by Idaho citizens. With the exception of “Eligible Lines for Export”, a needed coverage must first be rejected by licensed companies before it can be written in the surplus lines market, and then only by eligible companies on the Idaho “White List” or the NAIC Quarterly Listing of Alien Insurers. Surplus Line policies must be placed through licensed resident or non-resident Surplus Line Brokers.
Idaho Code
Idaho Statutes:
§41-1211 (Purpose of Surplus Line Law).
§41-1212 (Exemptions from Surplus Lines Law).
§41-1213 (Definitions).
§41-1214 (Conditions for Export, Surplus Line Membership, Diligent Search).
§41-1215 (Broker’s Affidavit).
§41-1216 (Open Lines for Export).
§41-1217 (Eligible Surplus Lines Insurers).
§41-1218 (Penalty for Violation of §41-1217).
§41-1219 (Evidence of the Insurance, Changes, and Penalty).
§41-1220 (Endorsement of Contract).
§41-1221 (Surplus Line Insurance Valid).
§41-1222 (Liability of Insurer as to Losses and Unearned Premiums).
§41-1223 (Licensing of Surplus Line Brokers).
§41-1224 (Suspension or Revocation of Broker’s license).
§41-1226 (Acceptance of Business from Agents).
§41-1227 (Records Required and Retention).
§41-1228 (Annual Report).
§41-1229 (Tax on Surplus Line).
§41-1230 (Failure to File Report or Remit Tax).
§41-1231 (Legal Process Against Surplus Line Insurer).
§41-1232 (Rules and Regulations).
§41-1233 (Acceptance of Business from Agents).
§41-1234 (Records of Insureds).
§41-1007 (1) (Licensing Requirements)
§41-1008 (Reinstatements, Military, 30 Day Address Change Requirement)
§41-1009 (State to State Address Change and Reciprocity)
§41-1011 (Refusal of License)
§41-1012 (Exemption from Exam and 90 day rule)
§41-1013 (Renewal/Reinstatement and late CE penalty requirements)
§41-1014 (Assumed Names)
§41-1016 (Administrative Penalty/Suspension, Revocation, Refusal of License)
§41-1020 (Reciprocity)
§41-1021 (Reporting of Actions)
§41-1026 (Conditions of Suspension and Revocation)
§30-21-801 through §30-21-810 (Use of a DBA/Assumed Business Name)
Rules:
18.06.02 Handling of Fiduciary Funds
18.06.03 Producer Fees
18.06.06 Broker Requirements
Definitions
Broker: a surplus line broker duly licensed as such under Idaho Title 41, Chapter 12, including resident surplus line brokers and nonresident surplus line brokers. A Broker is required to procure certain insurance coverage that cannot be procured from authorized insurers.
For a full list of insurance licensing terms please click here.
License Requirements
- Idaho does not license agencies as Surplus Lines Brokers.
- Idaho DOES NOT require a Surety Bond for the Surplus Lines License.
- Residents and Non-Residents must also hold and continue to hold a Producer Property and Casualty License in good standing. Due to this requirement, you are not required to be fingerprinted an additional time for a Surplus Lines License.
- Premium Tax. Each calendar year the SLA will also notify you of the accumulated monthly annual premium volume and tax totals due. This amount must be submitted to the Department on or before March 1st each year. A non-refundable late penalty of $25.00 per day for each day of delinquency after April 1 will be assessed, based on the actual postmark date. All Premium Tax filings must be E-filed.
- All Premium Tax filings must be E-filed.
- Idaho Diligent Search Report. A diligent search of licensed insurers must be performed before procuring insurance through a surplus lines insurer. The broker must also keep, in their office, a full and true record of each surplus line coverage procured. The broker is to document their due diligence of at least one (1) admitted carrier in Idaho before writing coverage.
- Idaho requires all Resident and Non-Resident Surplus Lines holders also be members of the Idaho Surplus Line Association.
- An affidavit must be filed for each Idaho Surplus Line placement within 30 days of receipt of policy. Contact carrie@idahosurplusline.org for additional information.
How to Apply
Residents
Step 1: Hold a producer license with property and casualty for a minimum of two years.
Step 2: Become a member of the Idaho Surplus Lines Association.
Step 3e: Apply online via either NIPR. There is a non-Refundable fee of $80.
Non-Residents
Step 1: Hold Surplus Lines license and a Producer license with property and casualty in your home state.
Step 2: Become a member of the Idaho Surplus Lines Association.
Step 3: Apply online via either NIPR. There is a non-Refundable fee of $80.
Renewal
The Department considers the renewal of the license to be the responsibility of the licensee.
Surplus Lines licenses renew every two years.
Renewal may be applied for up to 90 days prior to the expiration of the license.
The related Producer License must be renewed with or before the Surplus Lines License.
Online license renewal can be done via NIPR.
Late renewals are available up to one (1) year past the expiration of the license via the NIPR renewal application.
Resident Renewal
Step 1:Renew the underlying Producer License.
Step 2: Apply for a renewal online via via the NIPR renewal application. The non-refundable fee is $60 (plus vendor processing fee) when submitted online.
Non-Resident Renewal
Step 1: Hold a Surplus Lines license and Producer License in your home state.
Step 2: Renew the underlying Idaho Producer License.
Step 3: Apply for a renewal online via via the NIPR renewal application. The non-refundable fee is $60 (plus vendor processing fee) when submitted online.
Resident Late Renewal
Step 1:Renew the underlying Producer License.
Step 2: Apply for a renewal online via via the NIPR renewal application. The non-refundable reinstatement fee is $120 (plus vendor processing fee) when submitted online.
Non-Resident Late Renewal
Step 1: Hold a Surplus Lines license and Producer License in your home state.
Step 2: Renew the underlying Idaho Producer License.
Step 3: Apply for a renewal online via via the NIPR renewal application. The non-refundable reinstatement fee is $120 (plus vendor processing fee) when submitted online.
Reporting of Actions
Producers and agencies have a duty to report any criminal or administrative actions to the Idaho Department of Insurance within 30 days per §41-1021.
Producers are encouraged to use the NIPR Reporting of Actions Warehouse at www.nipr.com as a convenient means to post documents and explanations related to reportable actions.
While the Department encourage the use of the NIPR Reporting of Actions Warehouse for documents, actions still need to be reported to the Department directly, either by e-mail or the applicable background question on new license applications and/or renewals.
Resources
FAQ
Where can I get a copy of my license?
You can get a free copy of your license from the SBS License Manager.
How do I get a license in Idaho?
Click here for instructions on applying for a license.
How long do I have to have a Property and Causality Producer license before I can apply for Surplus lines?
2 years
How long does it take for an application to be processed?
There are many factors that go into the processing time of an application. The department can typically process a non-resident individual license application within 1-2 business days of receiving all documentation.
Many factors can increase the processing time, including but not limited to:
- Fingerprints. Processing time does not include the time waiting for fingerprints. Your application is not considered complete until the fingerprints are processed and returned to the DOI. For more information on fingerprinting click here.
- Background Issues. If you have criminal offense that needs reviewed your application will be on hold while it is reviewed. You can speed up this process by ensuring that all needed documents are submitted with your application or are already uploaded to the NIPR Document warehouse. For more information on Criminal Offenses and licensing click here.
- Applying by paper instead of online. While there are licenses that must apply via paper most can be applied for online. Applying by paper process can add upwards of 4-7 days, not including shipping time to the turnaround time.
- Inaccurate information. Make sure that everything is correct in your application, including addresses, before submitting.
- Missing Items. Ensure that you have everything on your Application Checklist completed and ready to submit together with the application. Ensuring that all documents are submitted together will help speed the process.
How long is my license good for?
Your license will expire after two years if you do not apply for and are granted a renewal. Licenses expire on the last day of your birth month.
When can I apply to renew my license?
You can apply for renewal up to 90 days before the expiration date. The related Producer License must be renewed with or before the Surplus Lines License.
How do I renew my license?
Click here for information on renewing your license.
How do I reinstate my license?
Click here for information on reinstating your license.
Can I reinstate a license that has been expired for more than a year?
No. You will need to apply for a new license.
I have moved, do I need to notify the Department?
Yes. It is your responsibility to notify and update the Department of any changes to the contact information for your license. Address changes need to be reported within 30 days.
How do I change the name on my license?
In order to change the name on your license you will need to submit the Name Change Form along with proof of legal name change, to the Department. Examples of accepted forms are Marriage Certificates, Divorce decree (showing a court ordered name change), Driver’s License, Passport or Legal Order. DO NOT SEND YOUR SOCIAL SEUCIRTY CARD.
How do I change my contact information (address, phone number, email address)?
Click here to change your contact information. Once updated, allow 24 hours for the updated information to appear on our website. Once updated, allow 24 hours for the updated information to appear on our website.
How do I switch my license from Non-resident to Resident?
Click here for a step-by-step guide to changing your non-resident license to resident.
How do I surrender/cancel my license?
You will need to submit the Voluntary Surrender Request Form for Surplus Lines Brokers to the DOI.
Have more questions?
Contact the Licensing Team