40 Pa. Stat. § 991.1612

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 991.1612 - Evidence of insurance
(a) Upon placing surplus lines insurance, the surplus lines licensee shall deliver to the insured or the writing producer the contract of insurance. If the contract of insurance is not immediately available, a cover note, binder or other evidence of insurance shall be delivered by the surplus lines licensee to the insured or the writing producer and shall, at a minimum, show the description and location of the subject of insurance, coverages, including any material limitations other than those in standard forms, the premium and rate charged and taxes to be collected from the insured, the name and address of the insured and the eligible surplus lines insurer and other nonadmitted insurer involved under section 1606 and proportion of the risk assumed by each, and the name of the surplus lines licensee.
(b) No surplus lines licensee shall bind or provide evidence of insurance unless he has authority from the eligible surplus lines insurer or other nonadmitted insurer to bind the risk or has received information from the insurer in the regular course of business that it has assumed the risk.
(c) If, after delivery of any such evidence of insurance, there is any change in the identity of the eligible surplus lines insurer, or the proportion of the risk assumed by any nonadmitted insurer, or any other material change in coverage as stated in the surplus lines licensee's original evidence of insurance, or any other material change as to the insurance coverage so evidenced, the surplus lines licensee shall promptly issue and deliver to the insured or to the original writing producer an appropriate substitute for or endorsement of the original document accurately showing the current status of the coverage and the insurer responsible thereunder.
(d) Every evidence of insurance negotiated, placed or procured under the provisions of this article issued by the surplus lines licensee shall bear the name of the licensee and the following legend in 10-point type: "The insurer which has issued this insurance is not licensed by the Pennsylvania Insurance Department and is subject to limited regulation. This insurance is NOT covered by the Pennsylvania Property and Casualty Insurance Guaranty Association."

40 P.S. § 991.1612

1921, May 17, P.L. 682, No. 284, art. XVI, § 1612, added 1992, Dec. 18, P.L. 1519, No. 178, § 19, effective in 120 days. Amended 2010, March 22, P.L. 147, No. 14, §8, effective in 180 days [ 9/20/2010].