Appendix I - Categories of Acceptable Surplus Lines CoverageThe following categories of surplus lines coverage are not the only lines which may be written in North Dakota. Other lines of coverage not on this list may be acceptable because of special underwriting considerations. Any exceptions must be fully explained on the surplus lines report of placement.
If the coverage written is in an approved category, there is a presumption that after diligent search the insurance, indemnity contract, or surety bond desired cannot be procured from a company authorized to do business in this state.
These categories may be changed from time to time at the discretion of the insurance commissioner subject to provisions of North Dakota Century Code chapter 28-32, the Administrative Agencies Practice Act.
2. Commercial cyber insurance (inclusive of first-party and/or third-party commercial cyber insurance coverage).3. Professional liability (E & O) except for hospitals.4. Directors and officers.5. Ocean marine cargo, liability and hull.6. Hazardous cargo and short-term trip transit.8. Heavy woodworking property (unprotected, high-value sawmills).9. Product liability (hazardous). 10. Ski lifts and tows' liability.11. Fireworks, ammunition, fuse, cartridges, power, nitroglycerine, explosive gases.12. Environmental impairment - pollution.14. Oil and gas liability and marine.15. Livestock mortality (high values and unusual).16. Short tail (hole-in-one, 300 bowling score, etc.).17. Large utilities (generation, transmission).18. Building demolition and moving.19. Mono line liquor legal liability.20. Surcharged fire and allied lines excluding uncontrolled marine.21. High-value substandard private passenger automobile.22. Commercial automobile physical damage coverage in excess of rating organizations' filed rates.23. Any excess liability coverages.24. Day care liability insurance coverages.N.D. Admin Code tit. 45, art. 45-09, ch. 45-09-01, app I
Amended effective February 1, 1983; November 1, 1987; December 1, 2001; January 1, 2008; July 1, 2012.
General Authority: NDCC 26.1-44-09
Law Implemented: NDCC 26.1-44-02 .Amended by Administrative Rules Supplement 2023-391, January 2024, effective 1/1/2024.General Authority: NDCC 26.1-44-09
Law Implemented: NDCC 26.1-44-02