P&COhiomedium
Before placing an Ohio risk in the surplus lines market under R.C. 3905.30 et seq., the licensed surplus lines broker generally must:
AObtain personal written approval from the Governor of Ohio before any surplus lines placement can proceed
Document a diligent search of the admitted market that has been unable to write the risk
CConfirm the unauthorized insurer is a member of OIGA and participates in the guaranty fund
DCharge a premium equal to the highest admitted-market quote received during the diligent search
Why this is the answer
R.C. 3905.30 et seq. requires the licensed surplus lines broker to make a diligent effort to place the risk with admitted Ohio insurers first and to document the search. Surplus lines insurers do not participate in OIGA — which is why the 5% surplus lines tax under R.C. 3905.36 applies instead of guaranty protection. The Governor is not involved, and premium is not set by reference to admitted quotes.
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