Unique insurance high-risk products are often eligible for the non-admitted market, but one needs to determine whether to launch the product on an admitted or non-admitted basis. The decision between these two pathways involves regulatory compliance, product strategy, and market appeal.
Below are the top six factors our team of insurance product development experts recommend you consider as you plan your product launch:
1. Regulatory Requirements and Compliance
A primary difference between admitted and non-admitted (“E&S”) insurance is the level of regulatory oversight. Admitted products are subject to stringent regulations from states’ Department of Insurance (DOI), including rate, rule, and form approval, which can be time-consuming and costly.
E&S products also have more flexibility in pricing and form language. While the products are primarily required to follow surplus lines laws, there are some states where admitted product laws must be followed. In addition, E&S products must be written on insurer paper with the appropriate E&S license, and the product must be placed through a licensed Surplus Lines broker.
E&S products include surplus lines taxes and fees, which are not required with admitted products. These taxes and fees are many times in addition to (versus in place of) surcharges, assessments, and taxes required with admitted products. E&S also has a unique requirement for surplus lines data reporting, primarily completed by the surplus lines broker. However, in many states, this includes reporting reconciliation of a non-admitted insurer.
2. Market Accessibility and Reach
Admitted insurers generally have broader access to the insurance market because their products are approved by the DOIs in the states where they are licensed. They must also participate in state guaranty funds, which protect policyholders if the insurer becomes insolvent. This can be a significant advantage, as many insureds and brokers prefer working with admitted insurers due to perceived stability and policyholder protections.
In addition, many standard products that are broadly available, such as private passenger auto or homeowners, generally cannot be written on an E&S basis. On the other hand, E&S insurers offer products that may be higher-risk or unique for the admitted market. These products allow E&S insurers to tap into niche markets or provide coverage that admitted insurers may not offer. Insurers must consider whether they can effectively reach and serve their target market as an admitted insurer, or if the E&S market offers a better fit for their specific product.
A recent development in market access is the rise of Domestic Surplus Lines Insurers (DSLIs). Unlike traditional surplus carriers, which are typically admitted in a single state and must operate on a surplus basis elsewhere, (leaving at least one jurisdiction unavailable), DSLIs can write surplus lines business in all U.S. jurisdictions where they meet the requirements set forth in the Nonadmitted and Reinsurance Reform Act (NRRA) and any state- specific exceptions.
This status allows insurers to operate nationwide in the E&S space with fewer regulatory constraints, offering broader reach and continuity.
3. Capital Requirements
In addition to holding reserves to pay future claims, admitted insurers must maintain a minimum level of capital and surplus. Each state has its own minimum capital and surplus requirements, which also vary by line of business.
E&S insurers do not participate in the states’ guaranty funds; thus, they are typically required to hold a larger level of capital and surplus, usually exceeding $15 million. For example, New York requires a U.S-domiciled E&S carrier to hold a minimum of $49M in capital. Both admitted and E&S insurers must comply with solvency requirements, ensuring they maintain adequate reserves proportional to their level of underwriting risk.
4. Export List / Declinations
Products become eligible for the E&S market through either an export list or by the surplus lines broker obtaining the required number of declinations. Some jurisdictions issue export lists that detail classes of insurance coverage automatically eligible to be written in the E&S market without any additional due diligence.
In order to write a product in the E&S market in states without an export list or where the class of insurance is not listed on the export list, the surplus lines broker must obtain the required number of declinations, typically two to three, from an admitted carrier that is not in the same holding company structure as the E&S carrier in which the product will be written.
Another important consideration is “whitelisting,” a process by which surplus lines carriers become approved or eligible with specific state insurance departments. Being on a state’s whitelist can streamline compliance for brokers placing business and enhance a carrier’s credibility. Many large brokerages require that surplus carriers be whitelisted before agreeing to place business with them, making this an important strategic step for market access.
5. Pricing Flexibility
One of the most significant advantages of E&S insurance product development is the flexibility afforded in setting rates without the requirement to follow the admitted product regulatory filing process for regulatory approval. This flexibility allows E&S insurers to respond quickly to market conditions, offering competitive pricing or specialized products that might not be feasible in the more regulated admitted market.
However, this freedom comes with trade-offs – such as a higher price for non-admitted policies based on additional surplus lines taxes and stamping fees – that are not experienced in the admitted market.
6. Product and Policy Form Flexibility
Admitted insurers often must file policies and associated forms (“forms”) for approval with each state, which may limit their ability to quickly meet specific client needs. This can be a significant drawback in markets requiring unique or highly specialized coverage.
Filing is not required for E&S forms, which can facilitate quick tailoring to the unique risks associated with each policy. This flexibility can be a competitive advantage, particularly in complex or emerging markets. That said, it is important to note that E&S policy forms must be compliant with the applicable state laws and regulations. It should be further noted that flexibility exists in some states with the regulatory language (e.g., termination language). Always perform a thorough review of all non-admitted policy language prior to writing business in the E&S market. Insurers should consider whether their product requires a high degree of flexibility or if the form language options available in the admitted market will suffice.
The Advantage of Partnering with Experts
Determining whether an insurance product will be launched on an admitted or E&S basis is complex and multifaceted. Product managers must carefully evaluate regulatory requirements, market accessibility, pricing, and product flexibility. By considering these factors, insurers can make a strategic decision that aligns with their business objectives and market opportunities.
The insurance product development experts at Perr&Knight can guide you through the myriad of choices when deciding these two very different paths around your new business venture.
Contact Perr&Knight today to see how we can assist in developing the right products for your market.