The Insurance Commissioner proposes to adopt new Regulation .10 under COMAR 31.03.08 Surplus Lines.

 Statement of Purpose
The purpose of this action is to identify coverages that are eligible for placement with a surplus lines insurer without first conducting a diligent search.
.10 Surplus Lines Exportable List

1. Diligent Search Not Required.  In accordance with Insurance Artcile, 3-306.1(b)(1), Annotated Code of Maryland, a coverage that is listed in C of this regulation may be placed with a surplus lines insurer without first conducting a diligent search as defined by Insurance Article 3-306.1(a), Annotated Code of Maryland.
2. Affadavit Required.  When a coverage that is listed in C of this regulation is placed with a surplus lines insurer the originating agent or broker shall execute and file an affadavit in accordance with Insurance Article, 3-307, Annotated Code of Maryland, and Regulation .03 of this chapter. 
3. The surplus lines exportable list is as follows:

(1)     Amusement devices;

(2)     Animal mortality

(3)     Armored cars

(4)     Auto racing and auto race tracks;

(5)     Aviation-crop dusters;

(6)     Billiard halls;

(7)     Bowling alleys-property damage only;

(8)     Builders Risk-all risks form (Non Bureau form);

(9)     Building demolition-including use of explosives;

(10)  Carnivals and circuses;

(11)  Child and adult care centers; convalescent homes, or community resident facilities;

(12)  Difference in Condition-parasol;

(13)  Directors’ and officers’ liability for the following coverages:

(a)     Coverages

(i)       Employment Practices liability;

(ii)     Entity liability coverage;

(iii)    Non-monetary damages

(iv)   Year 2000 computer liability

(v)     Liability for prior acts, or

(vi)   Fiduciary liability; or

(b)     Classes

(i)       Entities involved in initial public offerings of securities,

(ii)     Nonprofit organizations with negative fund balances,

(iii)    Entities in business for less than three years, or

(iv)   Financially distressed risks, including risks in pending or threatened bankruptcy, risks operating under Chapter 11 of the Bankruptcy Code, or risks unable to meet their financial obligations out of current assets

(14)  Employment Practices liability for the following coverages:

(a)     Family Medical Leave Act liability;

(b)     False imprisonment;                                    

(c)     Intentional infliction of emotional distress;

(d)     Interference with contractual relationship;

(e)     Negligent supervision or hiring;

(f)      Damages for breach of express contract;

(g)     Mergers;

(h)     Prior Acts;

(i) Punitive or liquidated damages, or

(j) Prior knowledge

(15)  Environmental impairment liability;

(16)  Excess automobile and motorcycle;

(17)  Exercise and health clubs;

(18)  Excess liability;

(19)  Exterminators;

(20)  False arrest liability;

(21)  Fire and general liability on buildings occupied as auction markets or farmers markets;

(22)  Fire and general liability on buildings occupied as bars, restaurants, or night clubs, with or without entertainment;

(23)  Fireworks displays;

(24)  Flood and water damage-excess of federal flood programs or primary where a federal flood program is not available;

(25)  Golf driving ranges;

(26)  Holdup, theft and robbery coverages for:

(a)     Automated Teller machines;

(b)     Check chasing services;

(c)     Electronics stores;

(d)     Taverns;

(e)     Package stores;

(f)      Carnivals;

(g)     Fairs; and

(h)     Exhibitions;

(27)  House movers and house wreckers;

(28)  Libel and slander;

(29)  Liquor liability;

(30)  Non-appearance, event cancellation, or weather insurances;

(31)  Physical damage:

(a)     Automobile physical damage for antique vehicles, high-value vehicles, kits, replicas, and custom-made vehicles; or

(b)     Vehicle physical damage for vehicles with a gross vehicle weight classified by the Insurance Services Office (ISO) as medium or heavier;

(32)  pollutants-first and/or third-party coverages for existence or removal, or both, of a broad range of contaminants or pollutants;

(33)  Prize indemnification;

(34)  Professional liability-miscellaneous errors and omissions, except for those professions and occupations available in the admitted market, including architects, engineers, physicians, lawyers, travel agents, real estate brokers, and insurance agents and brokers;

(35)  Riding academies and pony rides (on location or away from premises);

(36)  Risks in bankruptcy;

(37)  Securities Exchange Act liability;

(38)  Short-term events;

(39)  Skating rinks-roller and ice;

(40)  Space satellites or craft;

(41)  Sporting events;

(42)  Stop loss and excess aggregate over self-insured retention (S.I.R.)-all lines; not excluded pursuant to Insurance Article §3-302, Annotated Code of Maryland (added, effective 10-20-2008)

(43)  Substandard fire risks not eligible for Fair Plan;

(44)  Swimming clubs, water skiing clubs, and swimming pools;

(45)  Tanning beds or salons;

(46)  Tattoo parlors;

(47)  Umbrella liability:

(a)     With no self-insured retention;

(b)     With defense costs outside policy limits, or

(c)     Written by the same non-admitted insurer that provides underlying liability insurance;

(48)  Vacant or unoccupied buildings;

(49)  Warehousepersons’ legal liability;

This list was printed in the Maryland Register, Vol. 26, Issue 15, Friday, July 16, 1999.
The regulation was granted emergency status on June 29, making it effective from that date.  Final action and permanent adoption was granted August 31, 1999.