Does Delaware require “due diligence”?
Yes. Surplus lines insurance may be procured by SL brokers from non-admitted insurers only “…after diligent effort has been made to do so, from among the insurers authorized to transact and actually writing that kind and class of insurance in this State…” §1904 (2). Only after representatives of admitted companies have declined to accept the risk can the surplus lines broker place the business with a nonadmitted company.
Related Questions
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