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Division of Insurance

Surplus Lines Insurance Forms and Information

Surplus Lines Broker

Anyone writing business through insurance companies not licensed in South Dakota including Risk Purchasing Groups and Risk Retention Groups is required to have a Surplus Lines Broker license.

The South Dakota Division of Insurance does not allow Life and Health to be written in the surplus lines market. The only exception to this rule is the following:

1. Disability insurance that has a benefit limit in excess of any benefit limit available from an admitted insurer. (Effective July 1, 2015)
2. Health insurance for an individual traveling or temporarily living outside the United States for health care costs incurred abroad. (Effective July 1, 2019)

In both instances the surplus lines broker must email a copy of the policy/declarations/schedule of benefits, along with 3 declinations to the Division Surplus Lines Contact (Charlene Squires Keller) at sdinsurance@state.sd.us for verification that it meets the requirements of SDCL § 58-32-4.

Surplus Lines Broker information is available on the Broker Information webpage.

Surplus Lines Broker - Tax Reports

Annual and quarterly tax reports are not required with policies filed through SLIP in the SL Clearinghouse. Zero filings are not required.

If you filed Endorsements to policies that have an original effective date before 1/1/13 that you had to file directly with the Division of Insurance then please complete an annual and quarterly tax report for those endorsements only.

Multi-State Surplus Lines Policies

In 2012, the South Dakota Division of Insurance became a signatory to the Nonadmitted Insurance Multi-State Agreement (NIMA) for the uniform filing and allocation of surplus lines premium taxes. (See Bulletin 12-03). On April 28, 2016, the Board of Directors of NIMA voted to wind-down operations and dissolve the organization. The Division issued Bulletin 16-05 a guidance to surplus line brokers regarding the filing of multi-state surplus lines policies.

September 30, 2016 was the last day for brokers to report new multi-state policies to the Florida Surplus Lines Service Office (FSLSO). Policy endorsements or cancellations for policies filed prior to September 30, 2016 may be reported to the FSLSO until September 30, 2017.

The FSLSO will continue serving as the South Dakota Division of Insurance's vendor for all surplus lines filings and premium tax submissions. As of October 1, 2016, all new and renewal multi-state surplus lines policies will be filed as single-state policies with the FSLSO when South Dakota is the home state. If you have any questions regarding this process, please contact the Division of Insurance.

Surplus Lines Clearinghouse Tax Estimator

SD Tax Rates Surplus Lines Clearinghouse Coverage Codes (in Adobe PDF format)

Single-State Surplus Lines Policies

The Division requires all surplus lines premium tax filings, including surplus lines tax reporting and remittance, to be filed with the Clearinghouse through their website. Brokers are no longer required to file affidavits or surplus lines broker premium tax reports with the Division on surplus lines policies issued or renewed on or after January 1, 2013; this requirement is met by accurately supplying the required information at the Clearinghouse website. Brokers must report surplus line business to the Clearinghouse within 30 days of the effective date of the policy. South Dakota brokers need to register with the Clearinghouse to file policies. Surplus Lines Brokers must obtain at least 3 declinations before placing business in the surplus lines market.

Additional information can be found in Bulletin 12-06.

Insurance companies will continue to file with the Division using the following forms (many of which are available in Adobe PDF format).

Surplus Lines Insurance Company Forms

Surplus Lines Insurer Packet

Surplus Lines Annual Filing Checklist

Surplus Lines Insurer Business Written and Premium Tax Report

Surplus lines policies in existence on January 1, 2013 and endorsements on those policies will continue to be filed with the Division until renewal. On those policies, the old forms will need to be used until renewal.

Surplus Lines Uniform Application (from the National Association of Insurance Commissioners)

Surplus Lines Broker Information

Surplus Lines Renewals

Contact the Division of Insurance