ADMITTED VS. NON-ADMITTED INSURANCE
CARRIERS
There are
many carriers that are admitted in California that are not domiciled in California. The state where a carrier is domiciled is where their offices are physically
located. Probably most of the admitted carriers in California are
domiciled elsewhere. A carrier is only domiciled in one state but
can be admitted in many states. Thus, a “California Admitted
Carrier” can be domiciled in another state than California.
California
Admitted carriers participate in the California Insurance Guarantee Association or CIGA. Non-Admitted carriers do not participate in this fund. The California Insurance Guarantee Association (CIGA) operates under Sections
§1063-1063.77 of the California Insurance Code. CIGA provides a mechanism for the payment of covered (as defined
by the Insurance Code and specific case law) property, casualty, and workers' compensation insurance claims of
insolvent insurance companies. It is the mission of the association
to pay claims on a timely basis with no excessive delays and to help relieve the financial burden placed on
claimants when insurance companies fail.
CIGA has
three separate funds organized by line of business that cover (1) workers' compensation claims, (2) homeowners
and automobile claims (including personal injury), and (3) all other claims (e.g., products liability and
commercial property and liability). Claims and/or statutory benefits pursuant to a policy under categories (2)
and (3) above are limited to no more than $500,000. CIGA's revenue for each of its three funds is derived from
assessments of Member Insurers, distributions from the estates of insolvent Member Insurers, and investment
income. Revenues received are allocated into the three separate funds and are used to pay the claims and costs
allocated to the applicable line of business.
Non-Admitted carriers are also referred
to as Surplus Lines carriers. They typically write risks that
Admitted carriers will not write.
The
stability or size of an insurance carrier is not directly related to whether it is Admitted or
Non-Admitted. There are many A++ rated carriers that are
non-admitted that use industry standard forms, just as there are admitted carriers that are B rated and are much
smaller in the financial size category, and some carriers use manuscript forms (non-industry standard or non ISO
forms). It is often a matter of whether a particular carrier
decides to operate in California (or in any other state) as Admitted or Non-Admitted. Some carriers operate as Admitted in other states but Non-Admitted in
California. There are carriers that switched from being Admitted to
Non-Admitted, such as companies that are sister companies with one being Admitted and the other Non-Admitted
that moved business from the Admitted to the Non-Admitted carrier when the insurance market was very
hard. One of the reason carriers do this is that it gives them more
leeway in changing rates than if they were admitted. It makes more
possible for them to remain competitive and raise rates (in hard market) or lower them (in soft market) faster
than if they were Admitted carriers.
|