<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".11" citation="COMAR 31.03.06.11" title_num="31" subtitle_num="03" chapter_num="06" heading="Exempt Commercial Purchaser — Waiver of Diligent Search Requirement.">
  <paragraph num="A.">
    <text>Scope. This regulation does not apply to:</text>
    <paragraph num="(1)">
      <text>Professional liability insurance;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Title insurance; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Workers' compensation insurance.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>In this regulation, “Exempt Commercial Purchaser” means any person purchasing commercial insurance that, at the time of placement, meets the following requirements:</text>
    <paragraph num="(1)">
      <text>The person employs or retains a qualified risk manager to negotiate insurance coverage;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The person has paid aggregate nationwide commercial property and casualty insurance premiums in excess of $100,000 in the immediately preceding 12 months; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The person meets at least 1 of the following criteria:</text>
      <paragraph num="(a)">
        <text>The person possesses a net worth in excess of $20,000,000, as such amount is adjusted pursuant to §C of this regulation;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The person generates annual revenues in excess of $50,000,000, as such amount is adjusted pursuant to §C of this regulation;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The person employs more than 500 full-time or full-time equivalent employees per individual insured or is a member of an affiliated group employing more than 1,000 employees in the aggregate;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The person is a not-for-profit organization or public entity generating annual budgeted expenditures of at least $30,000,000, as such amount is adjusted pursuant to §C of this regulation; or</text>
      </paragraph>
      <paragraph num="(e)">
        <text>The person is a municipality with a population in excess of 50,000 persons.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Effective on the fifth January 1 occurring after July 21, 2011, and each fifth January 1 occurring thereafter, the amounts in §B(3)(a), (b), and (d) of this regulation shall be adjusted to reflect the percentage change for the 5-year period in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Waiver of Diligent Search Requirement.</text>
    <paragraph num="(1)">
      <text>An Exempt Commercial Purchaser may waive the diligent search requirement of Insurance Article, §3-306, Annotated Code of Maryland, for the procurement of a surplus lines insurance policy if:</text>
      <paragraph num="(a)">
        <text>The surplus lines broker has disclosed to the Exempt Commercial Purchaser that the insurance may or may not be available from admitted insurers that may be subject to greater protection and regulatory oversight; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The Exempt Commercial Purchaser subsequently has requested the surplus lines broker in writing to procure nonadmitted insurance from or place the nonadmitted insurance with a nonadmitted insurer.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The surplus lines broker shall:</text>
      <paragraph num="(a)">
        <text>Retain for at least 3 years a copy of the written request document signed by the Exempt Commercial Purchaser; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Make the written request document available for inspection by the Commissioner on request.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Procurement That Is Not Authorized By Regulation. This regulation does not authorize an Exempt Commercial Purchaser to procure surplus lines insurance:</text>
    <paragraph num="(1)">
      <text>Solely to obtain a lower premium rate than would be accepted by an authorized insurer;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Solely to obtain more favorable terms of the insurance contract; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>To replace coverage on residential property that is insured by an authorized insurer and for which a renewal offer has been made on substantially the same terms and conditions as the current coverage.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Premium Tax. This regulation does not exempt an Exempt Commercial Purchaser from payment of the premium tax on surplus lines insurance pursuant to Insurance Article, §3-324, Annotated Code of Maryland.</text>
  </paragraph>
</regulation>