<?xml version='1.0' encoding='utf-8'?>
<section article="gin" article_name="Insurance" number="3-319" title_number="3" title_name="Kinds of Insurers" subtitle_number="3" subtitle_name="Surplus Lines Insurance">
  <level label="a">
    <text>A surplus lines broker may not place surplus lines insurance with an unauthorized insurer that:</text>
    <level label="1">
      <text>has not been approved by the Commissioner as a surplus lines insurer in accordance with § 3–318 of this subtitle;</text>
    </level>
    <level label="2">
      <text>for an insurer not domiciled in the State, has not qualified under § 3–303 of this subtitle;</text>
    </level>
    <level label="3">
      <text>has been determined by the Commissioner to be insolvent or unsafe financially under subsection (b) of this section; or</text>
    </level>
    <level label="4">
      <text>has been determined by the Commissioner to have refused to pay just claims.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>The Commissioner shall direct that surplus lines insurance may not be placed with a surplus lines insurer that has been approved by the Commissioner if the Commissioner determines that the surplus lines insurer:</text>
      <level label="i">
        <text>is not in a safe or solvent financial condition; or</text>
      </level>
      <level label="ii">
        <text>has refused to pay just claims.</text>
      </level>
    </level>
    <level label="2">
      <text>After written notice of a determination made by the Commissioner under paragraph (1) of this subsection is mailed by the Commissioner to qualified surplus lines brokers, surplus lines insurance may not be placed with the surplus lines insurer.</text>
    </level>
  </level>
  <level label="c">
    <text>Notwithstanding any other provision of this subtitle, a surplus lines broker may not place surplus lines insurance with an insurer if the broker knows, or reasonably should know, that the insurer is in an unsafe or insolvent financial condition.</text>
  </level>
  <level label="d">
    <text>A qualified surplus lines broker may not place a risk in an unauthorized insurer that has not previously appointed the Commissioner as agent for the acceptance of service of process.</text>
  </level>
</section>
