Current as of June 17, 2026. This survey states, for each state and DC, whether property/casualty cancellation and non-renewal notice requirements reach surplus lines / non-admitted insurers, or whether surplus lines is exempt so the policy's own contractual terms govern. Each conclusion is tied to a specific exemption clause, "insurer" definition, or applicability provision, with a primary-source citation. The jurisdictions were verified against official state code, regulation, and agency text. A number of rows are tagged "Unconfirmed": chiefly states that expressly exempt only domestic surplus lines while their admitted cancellation/non-renewal statutes stay insurer-neutral (Arizona, Virginia, Missouri, Iowa, Ohio), plus a few with no statute on point (Alabama, North Dakota, West Virginia) or a genuinely open interpretive question (Kansas); several more are "lean." All should be checked against the primary text before reliance. Commercial compilations were used only as leads.
Summary
- There is no national rule. Roughly a third of jurisdictions exempt surplus lines outright (contract governs), a third subject it (frequently only commercial or only personal lines), and the remainder are statutorily silent and turn entirely on whether the cancellation statute's word "insurer" means "authorized/admitted insurer."
- The cleanest "exempt" states have express carve-outs (Hawaii §431:10-201, Wisconsin §631.20(7)/§618.41(11), Colorado §10-5-118, North Carolina §58-41-10/§58-21-2, New Hampshire §405:24); the cleanest "apply" states have express inclusions (Florida §626.9201, Maine §2009-A, Connecticut §38a-323/§38a-324, Vermont §5029(b), Oklahoma §3639(C) (commercial cancellation), Montana §33-15-1102(5), New Mexico 13.8.4.7(E) NMAC, South Carolina §38-75-710, Pennsylvania 31 Pa. Code §113.81 (commercial)).
- Several states split by line or turn on statutory silence. New York exempts commercial excess line (§3426(l)(2)) but does not carve personal lines out of §3425; California reaches non-admitted insurers for most property/casualty lines, automobile and workers' compensation excepted. In a number of "silent" states (Georgia, Kentucky, Maryland, DC, South Dakota) no statute expressly reaches surplus lines, so the policy contract governs; Alabama and North Dakota still warrant a primary-text check before reliance.
Key Findings
- Express statutory/regulatory inclusion of surplus lines in the cancellation regime: FL, ME, CT, VT, OK (commercial cancellation), MT, NM, SC, PA (commercial); DE reaches SL for personal-lines property (§4122, via §1932(d)).
- Express statutory/regulatory carve-out exempting surplus lines (all lines): HI, WI (§631.20(7)/§618.41(11)), CO (§10-5-118), NC, NH, OR (ORS 742.001(3) / OAR 836-085-0001).
- Domestic surplus lines exempt; foreign/non-admitted unsettled (express exemption covers only domestic SL; admitted C/N statutes are insurer-neutral): AZ, VA, MO, IA, OH.
- Definition-driven exemption (statute runs only to "authorized/admitted insurer" or filed forms): TX, IL, NV, UT.
- By-line splits: CA (applies to non-admitted insurers for most P&C lines except auto and workers' comp, per CDI GC Opinion 9/17/2019); NY (commercial excess line exempt under §3426(l)(2); personal lines not carved out of §3425); RI (commercial SL exempt by regulation; standard fire defers to the policy); Idaho (commercial SL exempt under §41-1842(1); personal-lines notice not carved out, likely applies); and Minnesota, Arkansas, Tennessee, and New Jersey (same pattern: surplus lines is carved out only of the commercial C/N statute, while the personal-lines statutes are not); and West Virginia (no commercial C/N statute, so commercial contract-governs, while its residential-property statute (art. 33-17A) is insurer-neutral, so surplus lines is arguably subject for residential property but unconfirmed).
- No statute expressly reaching surplus lines (contract governs): GA, KY, MD, DC, SD. Kansas is unresolved: its commercial C/N statutes carry no surplus-lines carve-out (facially applicable), but §40-246b(b) disclaims commissioner jurisdiction over surplus-lines forms, rates, and trade practices. Arizona is likewise unresolved for foreign/non-admitted surplus lines, where only domestic SL is expressly exempt (§20-407.01(F)); Virginia, Missouri, Iowa, and Ohio share that structure: their only express surplus-lines C/N exemption covers domestic SL, while their admitted C/N statutes are insurer-neutral, so foreign/non-admitted SL is unsettled.
- Regulatory floor despite statutory exemption: WA (RCW 48.18.290(5) exempts, but WAC 284-30-590(5) sets a broker-placement floor); AK (admitted statutes don't reach SL, but 3 AAC 25.070(a) imposes a nonpayment-notice prerequisite).
Details: 50-State and D.C. Table
| Jurisdiction | Surplus lines statute | C/N applies to SL? | Verified notice periods (if applies) | Controlling primary citation | Source URL |
|---|---|---|---|---|---|
| Alabama | Ala. Code tit. 27, ch. 10, art. 2 (§27-10-20+) | Unconfirmed (no broad P&C C/N statute; contract governs interim) | n/a | Alabama has no broad property/casualty cancellation/non-renewal notice statute; its only P&C cancellation-notice statute (tit. 27, ch. 23, art. 2) is limited to personal private-passenger auto and does not address non-renewal, so no statute clearly reaches surplus lines. Confirm against primary text; contract governs in the interim | https://law.justia.com/codes/alabama/title-27/ |
| Alaska | AS ch. 21.34 | Regulatory floor (admitted statutes exempt SL; nonpayment-notice prerequisite) | Nonpayment prerequisite only | 3 AAC 25.070(a): non-admitted insurer may not issue a nonpayment cancellation notice until the AS 21.34.110 disclosure is satisfied | https://www.akleg.gov/ |
| Arizona | A.R.S. tit. 20, ch. 2, art. 5 | Unconfirmed (domestic SL: exempt; foreign: not carved out) | Admitted (for context): auto cancel 10 days / non-renewal 45 (§20-1632); property §20-1651+ | A.R.S. §20-407.01(F) exempts a domestic surplus lines insurer's policies from "policy cancellation and nonrenewal" (all lines), but that is domestic-SL only. For foreign/non-admitted SL (most of the market) there is no express C/N exemption, and the admitted C/N statutes (property §20-1651/§20-1652; auto §20-1631/§20-1632) apply to "an insurer" (covering both personal and commercial lines) with no surplus-lines carve-out, so foreign-SL treatment is unsettled | https://www.azleg.gov/ars/20/00407-01.htm |
| Arkansas | A.C.A. §23-65-301 et seq. | By-line (commercial: exempt; personal lines: not carved out) | Personal: property non-renewal 30 days; auto cancel 20 / nonpay 10 / non-renewal 30 | The §23-79-301 carve-out ("not intended to … apply to … surplus lines insurers … in compliance with §23-65-310") sits in the commercial P&C minimum-standards subchapter, so commercial SL is exempt. But the personal-lines C/N notice statutes, property/HO §23-88-105 (non-renewal 30 days), personal auto §23-89-304 (cancel 20 / nonpay 10) and §23-89-305 (non-renewal 30), say "the insurer" with no surplus-lines carve-out, and §23-60-102 defines "insurer" to include unauthorized carriers (§23-65-303 preserves penalties against non-admitted insurers), so personal-lines notice is not carved out and likely applies | https://law.justia.com/codes/arkansas/title-23/ |
| California | Cal. Ins. Code §1760+ | By-line (most P&C: applies; auto & WC: excepted) | Cancellation 20 days, 10 nonpayment/fraud (§677.4); non-renewal 45 days, 75 if expiring on/after 7/1/2020 (§678) | Per CDI General Counsel opinion (9/17/2019), Cal. Ins. Code §§676/677.4 (cancellation) and §678 (non-renewal) apply to non-admitted/surplus lines insurers for any contingency under §675 except automobile and workers' compensation; §675.5(d)'s exclusion of surplus line from "commercial insurance" does not exempt SL because §675 (not §675.5) is the trigger. SL disclosures at §1764.1(a)/(b) | https://leginfo.legislature.ca.gov/ |
| Colorado | C.R.S. tit. 10, art. 5 | No (express carve-out; auto silent) | n/a (property); auto silent | C.R.S. §10-5-118 makes the notice provisions in §§10-4-109.7, 10-4-110, 10-4-110.5, and 10-4-110.7 (homeowner's) "not … applicable to … surplus lines insurance in Colorado", so commercial and personal-homeowners SL are expressly exempt (reinforced by in-section carve-outs §10-4-109.7(3)/§10-4-110(6)). The personal-auto C/N statute (§10-4-628, "no insurer") is not listed in §10-5-118 and is silent on surplus lines | https://colorado.public.law/statutes/crs_10-5-118 |
| Connecticut | C.G.S. ch. 701a | Yes | Non-renewal: 60-day premium-billing notice; 90-day coverage extension on defective notice (§38a-323(f)). Cancellation: 90 days professional liability / 60 days other / 10 days nonpayment (§38a-324(b)) | C.G.S. §38a-323(f) (non-renewal applies to SL insurers) & §38a-324(b) (commercial cancellation applies to SL) | https://www.cga.ct.gov/current/pub/chap_701a.htm |
| Delaware | 18 Del. C. ch. 19 | Yes (domestic SL, personal residential) | Cancellation 30 days (10 nonpayment); non-renewal 30 days (§4122) | 18 Del. C. §4122 (cancellation 30 days, 10 nonpayment; non-renewal 30 days) reaches a domestic surplus lines insurer via §1932(d) (which exempts only chs. 42 & 44, not ch. 41); §4120 limits that subchapter to residential property (≤4 units) and §4123 contains no surplus-lines exclusion. Commercial liability C/N (18 Del. C. §531) expressly excludes "excess and surplus lines insurance"; foreign non-admitted SL is otherwise outside the admitted regime | https://delcode.delaware.gov/title18/c041/sc03/index.html |
| District of Columbia | D.C. Code §31-2502.40+ | No (no statute; contract governs) | n/a (contract governs) | DC's P&C cancellation/non-renewal regime is regulatory (26 DCMR §§300 to 301, 30-day notice) and does not name surplus lines/non-admitted insurers; the SL statute (§31-2502.40) is silent on notice | https://code.dccouncil.gov/us/dc/council/code/sections/31-2502.40 |
| Florida | Fla. Stat. §626.913+ | Yes (SL-specific statute) | Non-renewal 45 days; mid-term cancellation 45 days; nonpayment 10 days; 20 days if within first 90 days; §626.9201(3) continues coverage 45 days past defective notice | Fla. Stat. §626.9201 (SL-specific notice); §626.913(4) (SL exempt from ch. 627 except where specifically stated); §626.9373 (prevailing-party fees). A hurricane moratorium for SL residential property (90-day post-repair cancel/nonrenew bar) was enacted by Ch. 2024-182 (eff. 7/1/2024), codified at §626.9201(2)(c) | http://www.leg.state.fl.us/statutes/ |
| Georgia | O.C.G.A. ch. 33-5 | No (no statute; contract governs) | n/a (contract governs) | Ch. 33-24 cancellation/non-renewal reaches only authorized insurers' policies "issued for delivery in this state" (§33-24-2); surplus lines is a separate track (ch. 33-5) with no advance-notice duty, and the state-mandated SL disclosure (Ga. Comp. R. & Regs. 120-2-89, App. A) warns insureds an SL policy "is generally not subject to the same notice requirements." Admitted baseline: commercial §33-24-47 (45 days); personal auto §33-24-45 (30-day non-renewal); nonpayment §33-24-44 (10 days); 60-day in-force threshold | https://law.justia.com/codes/georgia/title-33/ |
| Hawaii | HRS art. 431:8 | No (express carve-out) | n/a | HRS §431:10-201 (Scope): "The provisions of this part shall apply to all classes or lines of insurance except:… surplus line insurance" (as defined in §431:8-102); the C/N notice rule (§431:10-226.5) sits within that same Part II | https://www.capitol.hawaii.gov/hrscurrent/Vol09_Ch0431-0435H/HRS0431/ |
| Idaho | Idaho Code ch. 41-12 (§41-1212+) | By-line (commercial: exempt; personal lines: not carved out) | Commercial: n/a (exempt). Personal: auto cancel ≥20 days / nonpay 10 / non-renew ≥30 (§41-2508); property cancel ≥30 / nonpay 10 (§41-2401) | Commercial C/N (§41-1842, "applies only to" commercial property/liability/multiperil) expressly excludes "excess and surplus lines insurance" (§41-1842(1)), so commercial surplus lines is exempt. But the personal-lines statutes (personal auto §41-2506 to 41-2509, property/dwelling-fire §41-2401) say "an insurer"/"fire insurer" with no authorized-only limit, and §41-1221 gives surplus lines contracts "recognition… to the same effect as like contracts issued by authorized insurers," so personal-lines notice is not carved out and likely applies | https://legislature.idaho.gov/statutesrules/idstat/Title41/T41CH18/SECT41-1842/ |
| Illinois | 215 ILCS 5/445 | No (definition-driven exemption) | n/a | 215 ILCS 5/143.11 provides "nothing contained in Section 143.12 through Section 143.24 shall apply to… contracts procured by agents under the authority of Section 445" (the SL section); 215 ILCS 5/445(12) likewise omits the cancellation statutes from the provisions applicable to SL | https://www.ilga.gov/legislation/ilcs/ |
| Indiana | IC 27-1-15.8 (surplus lines era/current) | Yes (commercial) | §27-1-31-2/3: cancellation 45 days (20 fraud/misrep; 10 nonpayment); non-renewal 45 days (60 for municipality/county per P.L.158-2024) | IC 27-1-31-1: "this chapter applies to all lines of commercial property and casualty insurance" (no SL carve-out) | https://law.justia.com/codes/indiana/title-27/article-1/chapter-31/ |
| Iowa | Iowa Code ch. 515I | Unconfirmed (domestic SL: exempt; foreign: not carved out) | Unsettled for foreign SL | Iowa Code §515I.4A(7) exempts a domestic surplus lines policy from C/N "in the same manner and to the same extent as a policy… issued by a nonadmitted insurer domiciled in another state." But for foreign/non-admitted SL the admitted C/N statutes (commercial §§515.127 to 515.129; personal §§515.129A to 515.129C) are insurer-neutral ("an insurer," triggered by policy type) with no surplus-lines carve-out, and the only eligible-SL carve-out (§515I.4(3)) covers forms and rates (not C/N), so foreign SL is arguably subject | https://www.legis.iowa.gov/docs/code/515I.4A.pdf |
| Kansas | K.S.A. §40-246b et seq. | Unconfirmed (commercial C/N facially applies; §40-246b(b) may exempt) | Non-renewal ≥60 days (§40-2,121); cancellation for-cause after 90 days (§40-2,120), if applicable | K.S.A. §40-2,120/§40-2,121 (commercial P&C cancellation/non-renewal) are keyed to policy type ("used primarily for business or professional needs") with no surplus-lines carve-out, so they facially reach an SL-written commercial policy; but §40-246b(b) places a nonadmitted insurer's "financial condition, policy forms, rates and trade practices … not subject to the review or jurisdiction of the commissioner", a colorable exemption argument that no statute or department guidance squarely resolves | https://www.ksrevisor.gov/statutes/chapters/ch40/040_002_0120.html |
| Kentucky | KRS subtitle 304.10 | No (no statute; contract governs) | n/a (contract governs) | No Kentucky statute extends cancellation/non-renewal NOTICE duties to surplus lines insurers. KRS §304.20-040 is automobile-only, and its "'Agent' includes… surplus lines broker" language (§304.20-040(1)(f)) is a definitions clause, not an insurer-side duty; the SL law (KRS §304.10-100) only makes SL contracts "fully valid and enforceable" | https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40552 |
| Louisiana | La. R.S. §22:434+ | Yes (by bulletin; SL exempt from statutes) | 30 days cancellation/non-renewal for SL P&C (LDI Advisory Letter 2026-01) | LDI Advisory Letter 2026-01 (3/11/2026) holds "there is no statutory requirement governing cancellation or nonrenewal notice for surplus lines" and instead requires 30 days' notice under the Commissioner's general authority (La. R.S. 22:2, 22:431). The admitted-market statutes (§22:887, §22:1267) and Act 182 / HB 345's increase of those to 60 days eff. 7/1/2026 do not reach surplus lines | https://ldi.la.gov/ |
| Maine | 24-A M.R.S.A. ch. 19 | Yes (SL-specific statute) | SL per §2009-A: non-renewal 30 days; nonpayment 10 days; other 14 days | 24-A §2908(9) (casualty) & §3007(9) (property): "applies to all contracts… except surplus lines contracts." But §2009-A ("Cancellation or nonrenewal of surplus lines coverage") sets SL-specific notice, so SL is exempt from §2908/§3007 yet not notice-free | https://legislature.maine.gov/statutes/24-A/title24-Asec2009-A.html |
| Maryland | Md. Ins. tit. 3, subt. 3 | No (no statute; contract governs) | n/a (contract governs) | Md. Ins. §27-602 (personal) and §27-603 (commercial) are scoped by insurance type and do not name nonadmitted/surplus lines insurers; §3-308 requires every SL policy to state it is "not under the jurisdiction of the Maryland Insurance Commissioner" | https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gin§ion=3-308 |
| Massachusetts | M.G.L. ch. 175 §168 | Unconfirmed (leans exempt) | n/a | Admitted C/N at M.G.L. ch. 175 §99 (standard fire policy form), §187C (cancellation procedure), §193P (fire non-renewal); ch. 175A is rate regulation; no cited section expressly addresses surplus lines, and SL insurers are treated as "not subject to Massachusetts regulations" (the BR-7 broker affidavit) | https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXII/Chapter175/Section187C |
| Michigan | MCL §500.1901+ | Unconfirmed (leans exempt) | n/a | MCL §500.1201a(2) (producer chapter does not apply to E&S except as specified); §500.1903 SL definitions; admitted casualty C/N at §500.3020 (cancellation 10 days / non-renewal 60 days); §§500.2118/500.2120 are auto underwriting, not C/N; scope as to surplus lines is unconfirmed | https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-500-3020 |
| Minnesota | Minn. Stat. §§60A.195 to 60A.209 | By-line (commercial: exempt; personal lines: not carved out) | Personal: HO non-renewal 60 days; auto 30 days (10 nonpayment) | §60A.35 carves "surplus lines insurance" out of the §§60A.35 to 60A.38 regime, but that regime applies "to all commercial liability and/or property insurance policies", so the carve-out is commercial-only. The personal-lines statutes, homeowners §65A.29 ("No insurer may cancel"; 60-day non-renewal), personal auto §§65B.15 to .16 (30 days / 10 nonpayment), use unqualified "insurer" with no SL carve-out, and the SL Act's only general exemption (§60A.197) covers rates/forms only, so personal-lines notice is not carved out and likely applies | https://www.revisor.mn.gov/statutes/cite/60A.35 |
| Mississippi | Miss. Code §83-21-17 to -31 | Unconfirmed (leans apply) | 30 days C/N; 10 days nonpayment (creditor loss payee); 45 days effective 7/1/2026 (HB1611) | Miss. Code §83-5-28 (speaks to "insurer" generally; no SL carve-out); HB1611 (2025) increases notice to 45 days for coverage issued/renewed on or after 7/1/2026 | https://law.justia.com/codes/mississippi/title-83/chapter-5/article-1/section-83-5-28/ |
| Missouri | Mo. Rev. Stat. ch. 384 | Unconfirmed (domestic SL: exempt; foreign: not carved out) | Unsettled for foreign SL | Mo. Rev. Stat. §384.018(7) exempts a domestic surplus lines insurer ("in the same manner and to the same extent as a nonadmitted insurer domiciled in another state"). For foreign/non-admitted SL the auto C/N statutes (§§379.110 to .120) are authorized-only (SL out), but the commercial-casualty C/N statutes (§§379.882 to .886) are insurer-neutral ("transacting… in this state," "no insurance company") with no SL carve-out, so foreign SL is arguably subject for commercial casualty | https://revisor.mo.gov/main/OneSection.aspx?section=384.018 |
| Montana | MCA §33-2-301+ | Yes | Cancellation 10 days (§33-15-1103); non-renewal 45 days (§33-15-1105); personal property 45 days, 20 nonpayment (§33-23-401) | MCA §33-2-302(1)(a) (MT-home-state SL transaction "subject to the applicable statutory and regulatory requirements in Montana"); §33-15-1102(5) ("insurer" includes "an unauthorized insurer transacting surplus lines insurance in this state") | https://leg.mt.gov/bills/mca/33/2/33-2-302.htm |
| Nebraska | Neb. Rev. Stat. §§44-5501 to 44-5515 | Unconfirmed (leans apply) | 60 days C/N; 10 days nonpayment | Neb. Rev. Stat. §44-522(2) ("any policy… of property, marine, or liability insurance"; no authorized-insurer limit; SL Act has no exemption). Note subsection (1)'s filed-form trigger may narrow application | https://nebraskalegislature.gov/laws/statutes.php?statute=44-522 |
| Nevada | NRS ch. 685A | No (definition-driven exemption) | n/a | NRS §685A.100 (SL validity); admitted C/N statutes not extended to SL | https://www.leg.state.nv.us/nrs/nrs-685a.html |
| New Hampshire | RSA ch. 405 (405:24+) | No (express carve-out) | n/a | RSA §405:24(I): unadmitted SL companies "are not subject to any statutory or regulatory provision unless the statute or regulation specifically references unadmitted surplus lines companies" | https://gencourt.state.nh.us/rsa/html/XXXVII/405/405-24.htm |
| New Jersey | N.J.S.A. §17:22-6.40 et seq. | By-line (commercial: exempt; personal lines: not carved out) | Personal: HO cancel/non-renewal 30 to 120 days (10 nonpayment); auto non-renewal 60 / cancel 20 | N.J.A.C. 11:1-20.1(a) & 11:1-22.1(a) exclude "any policy written by a surplus lines insurer", but only from the commercial clause; subsection (b) of each extends the same C/N regime to personal-lines homeowners (defined at 11:2-42.2) with no SL carve-out, and core rule 11:1-20.4(a) binds "no insurer." Personal auto (N.J.S.A. 17:29C-6+) is scoped by policy type with no SL carve-out. The surplus lines law (N.J.S.A. 17:22-6.40) has no broad code-exemption | https://www.law.cornell.edu/regulations/new-jersey/N-J-A-C-11-1-20-1 |
| New Mexico | NMSA §59A-14-1+ | Yes | Non-renewal 30 days (13.8.4.9); substantial-change cancellation 30 days / enumerated-grounds 15 days (13.8.4.8) | 13.8.4.7(E) NMAC ("insurer" includes non-admitted surplus line carriers); authority NMSA §59A-18-29 | https://www.srca.nm.gov/parts/title13/13.008.0004.html |
| New York | N.Y. Ins. Law §2118+ | By-line (commercial excess line: exempt; personal lines: not carved out) | Personal lines per §3425; fire 5-day per §3404 | N.Y. Ins. Law §3426(l)(2) (commercial excess line exempt from §3426); §3425 (personal lines: no excess-line carve-out, so it is not excluded); §3404 (fire, 5-day cancellation); DFS OGC Op. 03-09-11 (9/10/2003); Circular Letter 14 (1986) | https://www.nysenate.gov/legislation/laws/ISC/3426 |
| North Carolina | G.S. ch. 58, art. 21 | No (express carve-out) | n/a | N.C.G.S. §58-41-10 (scope of art. 41) provides "This Article does not apply to insurance written under Articles 21, 26, 36, 37, 45 or 46" (Article 21 is the Surplus Lines Act) and the master carve-out is §58-21-2 (other Chapter 58 articles do not apply to surplus lines unless specifically referenced) | https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_58/Article_21.html |
| North Dakota | N.D.C.C. ch. 26.1-44 | Unconfirmed (admitted C/N scope re non-admitted insurers unverified) | n/a | Admitted C/N §§26.1-39-10 to 26.1-39-21 / 26.1-40; scope as to non-admitted insurers is unconfirmed | https://ndlegis.gov/cencode/t26-1c44.pdf |
| Ohio | R.C. §3905.30+ | Unconfirmed (domestic SL: exempt; foreign commercial: not carved out) | Unsettled for foreign commercial SL | R.C. §3905.332(I)(3) exempts a domestic surplus lines insurer's policies from "policy cancellation and renewal" ("to the same extent as… an insurer domiciled in another state"). For foreign/non-admitted SL the commercial C/N statutes (§3937.25/§3937.26, "an insurer") are insurer-neutral with no SL carve-out, so foreign SL is arguably subject for commercial lines; the auto sections §§3937.30 to 3937.39 are insurer-neutral but auto-only, and Ohio has no general homeowners/personal-lines C/N statute (personal property exempt by absence) | https://codes.ohio.gov/ohio-revised-code/section-3905.332 |
| Oklahoma | 36 O.S. §1100 et seq. | Yes (commercial cancellation only) | Cancellation 10 days (for-cause); non-renewal 45 days but to "insurer" only (not SL); other lines exempt | 36 O.S. §3639(C) reaches surplus lines for cancellation: "a notice of cancellation shall not be issued by any licensed insurer or surplus or excess lines insurer…" (commercial lines only: commercial marine, automobile, property, casualty, and fire policies; for-cause, 10-day). Non-renewal, §3639(D) (45 days), runs only to "an insurer" and is not extended to surplus lines | https://law.justia.com/codes/oklahoma/title-36/section-36-3639/ |
| Oregon | ORS §735.400 to 735.495 | No (express carve-out) | n/a | ORS §742.001(3) excludes "surplus lines insurance policies" from chapter 742, which houses the commercial cancellation/non-renewal provisions (§§742.700 to 742.710); OAR 836-085-0001(3)(o) separately excludes "any policy issued by a surplus lines insurer" from the commercial C/N rules | https://oregon.public.law/statutes/ors_742.001 |
| Pennsylvania | 40 P.S. §§991.1601+ | Yes (commercial) | Per Act 86 / 31 Pa. Code §§113.85, 113.88 (commercial: 60-day non-renewal; mid-term cancellation per enumerated grounds) | 31 Pa. Code §113.81 (defines "insurer" to include "eligible surplus lines insurer"); Act 86 of 1986 (40 P.S. §§3401 to 3409) | https://www.pacodeandbulletin.gov/ |
| Rhode Island | R.I. Gen. Laws ch. 27-3 | By-line (commercial: exempt; personal: defers to policy) | Commercial reg: 30 days cancellation / 10 nonpayment / 60 non-renewal (SL exempt); standard fire per policy (§27-5-3.4) | Rhode Island's commercial cancellation/non-renewal regulation (230-RICR-20-20-1, §1.2(C)) expressly exempts "policies issued… by approved surplus lines insurers" (R.I. Gen. Laws §27-3-40); the standard-fire C/N statute §27-5-3.4 is silent on SL and defers notice timing to the policy | https://rules.sos.ri.gov/regulations/part/230-20-20-1 |
| South Carolina | S.C. Code ch. 38-45 | Yes | §38-75-730 cancellation (first 120 days any reason; specified grounds thereafter); §38-75-740 non-renewal | S.C. Code §38-75-710 (scope): the article "applies to policies issued by licensed insurers and to policies issued by eligible surplus lines insurers"; §38-75-770 makes notice to the broker notice to the insured | https://www.scstatehouse.gov/code/t38c075.php |
| South Dakota | S.D.C.L. ch. 58-32 | No (no statute; contract governs) | n/a (contract governs) | South Dakota's P&C cancellation/non-renewal statutes, §58-33-60 (cancellation, 20-day notice), §58-33-61 (grounds), §58-1-14 (non-renewal, 60 days), read "an insurer" with no SL carve-out, but §58-32-32 declares an SL contract "not… under the jurisdiction of the South Dakota insurance director," so the admitted regime does not reach SL | https://sdlegislature.gov/Statutes/58-33-60 |
| Tennessee | Tenn. Code ch. 56-14 | By-line (commercial: exempt; personal lines: not carved out) | Personal: non-renewal 30 days; auto cancel 20 / nonpay 10 / non-renewal 30 | Tenn. Code §56-7-1802(1)(B) ("'Commercial risk insurance' does not include… insurance written by a surplus lines insurer") exempts SL only from the Commercial Risk Insurance Act (§§56-7-1801+). The personal-lines regime, personal-risk non-renewal §56-7-1901 (30 days), personal auto §§56-7-1303/1304, is silent/unqualified on insurer status with no SL carve-out, and the SL law §56-14-110 is validity-only. (Primary personal auto is SL-ineligible in TN, so the live exposure is E&S homeowners/dwelling fire under §56-7-1901) | https://law.justia.com/codes/tennessee/title-56/chapter-7/part-19/ |
| Texas | Tex. Ins. Code ch. 981 | No (definition-driven exemption) | n/a | Tex. Ins. Code ch. 551, subch. C reaches only an "authorized insurer" (§551.101, defining the term "in this subchapter"); the operative limit on surplus lines is §551.102's applicability (personal auto, residential property, governmental P&C). HB 2067 (2025, eff. 1/1/2026) amended ch. 551 re declination/e-delivery, not the admitted-insurer scope | https://statutes.capitol.texas.gov/Docs/IN/htm/IN.551.htm |
| Utah | Utah Code §31A-15-103 | No (definition-driven exemption) | n/a | Utah Code §31A-21-101(2)(b) excludes a policy "procured under Sections 31A-15-103 and 31A-15-104" (surplus lines / nonadmitted) from all of Chapter 21, which contains the cancellation/non-renewal section (§31A-21-303) | https://le.utah.gov/xcode/Title31A/Chapter21/31A-21-S101.html |
| Vermont | 8 V.S.A. ch. 138 | Yes | Cancellation 45 days; 15 days nonpayment (§4712(a)); non-renewal 45 days | 8 V.S.A. §5029(b) (cancellation provisions §§3879-3883 (fire/casualty) and §§4711-4715 (commercial risk) "shall apply to surplus lines insurers, both domestic and foreign"); Bulletin 176 (6/3/2013) | https://legislature.vermont.gov/statutes/fullchapter/08/138 |
| Virginia | Va. Code ch. 48 (§38.2-4805.1+) | Unconfirmed (domestic SL: exempt; foreign: not carved out) | Unsettled for foreign SL | Va. Code §38.2-4811.1(H) exempts a domestic surplus lines insurer's policies from "policy cancellation and nonrenewal." But that is domestic-SL only. For foreign/non-admitted SL the admitted-market C/N notice statutes (fire/homeowners §38.2-2113/§38.2-2114, commercial §38.2-231) apply to "an insurer" (§38.2-100 = any insurance company, no licensure requirement) with no surplus-lines carve-out, and no general provision exempts non-admitted insurers, so foreign SL is arguably subject. (Personal auto §38.2-2212 is authorized-only) | https://law.lis.virginia.gov/vacode/title38.2/chapter48/section38.2-4811.1/ |
| Washington | RCW ch. 48.15 | Regulatory floor (admitted statutes exempt SL; broker-placement floor) | Broker placement floor: 10 days nonpayment / 20 days other (fire under ch. 48.53 may be shorter) | RCW §48.18.290(5) exempts ch. 48.15 SL from statutory cancellation provisions; WAC §284-30-590(5) makes it an unfair practice for a SL broker to place a policy cancelable on <10 days nonpayment / <20 days other reason | https://app.leg.wa.gov/RCW/default.aspx?cite=48.18.290 |
| West Virginia | W. Va. Code ch. 33-12C | By-line (commercial: contract governs; residential property: unconfirmed) | Non-renewal ≥30 days (§33-17A-4(c)) if applicable | W. Va. Code art. 33-17A is limited to residential/personal property (≤4 dwelling units) (§33-17A-2) and gates on line of business, not insurer status, with no SL carve-out either way; non-renewal at least 30 days (§33-17A-4(c)) | https://code.wvlegislature.gov/33-17A-4/ |
| Wisconsin | Wis. Stat. §618.41 | No (express carve-out) | n/a | Surplus lines policies fall outside the admitted C/N statute §631.36, which by §631.36(1)(a) reaches only forms "subject to filing under s. 601.58 or 631.20", and §631.20(7) expressly excludes surplus lines forms issued under §618.41. §618.41(11) likewise subjects surplus lines to chs. 600 to 646 only as the commissioner imposes by rule (default-off); §618.41(13)(b)2 confirms domestic SL is exempt "in the same manner as… a nondomestic insurer" | https://docs.legis.wisconsin.gov/document/statutes/631.20 |
| Wyoming | Wyo. Stat. ch. 26-11 | Unconfirmed (leans apply) | Non-renewal 45 days (90 days professional health care malpractice) (§26-35-203); cancellation 45 days / 10 days nonpayment (§26-35-202) | Wyo. Stat. §26-35-203 (non-renewal) and §26-35-202 (cancellation) apply to "an insurer" with no authorized-only limit, so the C/N notice statutes reach surplus lines on their face | https://law.justia.com/codes/wyoming/title-26/chapter-35/article-2/section-26-35-203/ |
Doctrinal Patterns
States fall into three patterns, and identifying which pattern governs is the fastest route to the right answer:
- Express inclusion. The cancellation statute or a definitions/scope section names surplus lines: Oklahoma §3639(C), Montana §33-15-1102(5), Vermont §5029(b), Connecticut §38a-323/§38a-324, New Mexico 13.8.4.7(E) NMAC, South Carolina §38-75-710, Florida §626.9201, Maine §2009-A, Pennsylvania 31 Pa. Code §113.81, Delaware §4122 (domestic SL via §1932(d)).
- Express carve-out (all lines). Surplus lines is removed from the regime entirely: Hawaii §431:10-201, Wisconsin §631.20(7)/§618.41(11), New Hampshire §405:24, Colorado §10-5-118, North Carolina §58-41-10 & §58-21-2. A second group has a carve-out that sits only inside a commercial-lines C/N statute and therefore resolves as by-line (commercial exempt; the personal-lines statutes are not carved out, so they apply or are silent): Idaho, Minnesota, Arkansas, Tennessee, New Jersey (see the table). West Virginia also resolves by-line on a different basis: no commercial C/N statute (commercial contract-governs) and an insurer-neutral residential-property statute (art. 33-17A) under which surplus lines is arguably subject but unconfirmed. A third group, the "domestic surplus lines insurer" designation states, expressly exempt only domestic SL while leaving their admitted C/N statutes insurer-neutral, so foreign/non-admitted SL is unsettled: Arizona, Virginia, Missouri, Iowa, Ohio.
- Silent statutes. These turn on whether "insurer" means "authorized insurer," whether the form is "subject to filing," or whether scope reaches policies "issued for delivery in this state": Texas (authorized-only, §551.101/§551.102), Illinois (445(12) list), Nevada, Utah (filed-form trigger) lean exempt; Nebraska, Mississippi, Wyoming lean apply; Kansas is unresolved (no surplus-lines carve-out in §§40-2,120/121, but §40-246b(b) disclaims commissioner jurisdiction over SL forms/rates/trade practices). Georgia, Kentucky, Maryland, DC, and South Dakota are silent and impose no express surplus-lines notice duty, so the contract governs.
Controlling vs. Persuasive Authority (Cases)
The case law cited here is limited to two jurisdictions (Florida and New York). The "definition-driven" exempt calls (Texas, Illinois, Nevada, Utah) and the silent-statute "lean" calls rest on the statutory text and its reading, not on cited judicial authority; no controlling case is cited for them, and each should be confirmed against any on-point decision before reliance.
- Florida: Essex Ins. Co. v. Zota, 985 So. 2d 1036 (Fla. 2008), controlling (Florida Supreme Court). The operative holding answers one certified question (that delivering a surplus-lines policy to the insured's independent broker satisfies the delivery requirements of §§626.922 and 627.421) and the opinion confirms (n.8) that §627.401, the scope provision for part II of chapter 627, does not exclude surplus lines. Opinion: https://www.courtlistener.com/opinion/1663571/essex-ins-co-v-zota/ .
- New York: Kinsale Ins. Co. v. OBMP NY, LLC, 171 F. Supp. 3d 277 (S.D.N.Y. 2016), persuasive (federal district applying New York law; on summary judgment, holds an excess and surplus lines insurer exempt from the §3426(c) cancellation-notice requirement by operation of §3426(l)(2)). Opinion: https://law.justia.com/cases/federal/district-courts/new-york/nysdce/1:2014cv07792/433068/49/ .
Recommendations
- Set the file default by pattern. In silent/exempt states, treat the surplus lines policy's own cancellation/non-renewal endorsement as controlling and confirm the contract language is at least as protective as any regulatory floor; in express-inclusion states, calendar the statutory notice periods exactly as for admitted business. Benchmark that changes the call: a definitions section that says "insurer means authorized insurer" (Texas) flips a state to exempt. Also watch the line of business, since a clause that appears to reach policies "issued for delivery in this state" may still be limited to authorized insurers (Georgia §33-24-2) or sit in an automobile-only statute (Kentucky §304.20-040).
- Treat by-line states discretely. In New York, exempt commercial excess-line placements (§3426(l)(2)) but apply §3425 to personal lines; in California, apply §§677.4/678 to non-admitted insurers for most P&C lines (automobile and workers' compensation excepted) per the CDI General Counsel Opinion (9/17/2019). Do not assume a blanket commercial exemption.
- Honor the floor states. In WA and AK the admitted statutes don't apply, but WAC 284-30-590(5) (10/20-day broker placement floor) and 3 AAC 25.070(a) (nonpayment disclosure prerequisite) still bind; verify the policy endorsement satisfies them at placement.
- Confirm the residual jurisdictions before relying on a conclusion. Alabama (no broad P&C C/N statute; ch. 23 art. 2 is personal-auto only) and North Dakota (§§26.1-39-10 to 26.1-39-21 scope re non-admitted insurers) still warrant a primary-text check before reliance. Kansas is likewise unresolved: its commercial C/N statutes facially apply but §40-246b(b) disclaims commissioner jurisdiction over surplus-lines practices. For Georgia, Kentucky, Maryland, DC, and South Dakota the admitted statutes are silent on surplus lines, so the policy contract governs; Massachusetts, Michigan, Mississippi, Nebraska, and Wyoming remain lean. The "domestic surplus lines insurer" states (Arizona, Virginia, Missouri, Iowa, Ohio) expressly exempt only domestic SL, so confirm a foreign/non-admitted placement's treatment with the department.
- Track 2024 to 2026 changes. Florida CS/CS/HB 1611, Ch. 2024-182 (SL residential hurricane moratorium, eff. 7/1/2024); Iowa HF 2265 (personal-lines non-renewal to 60 days, eff. 1/1/2025); Texas HB 2067 (ch. 551 declination/e-delivery, eff. 1/1/2026); Mississippi HB1611 (45-day notice, eff. 7/1/2026); Louisiana Act 182 / HB 345 (admitted-market residential cancellation and non-renewal notice raised from 30 to 60 days, eff. 7/1/2026, but LDI Advisory Letter 2026-01 (3/11/2026) holds surplus lines is not bound by those statutes and sets a 30-day SL notice by general authority).
Caveats
- This survey was primary-source-verified in June 2026 against official state code, regulation, and agency text (and CourtListener for the cited opinions). The residual jurisdictions still warranting a primary-text check before reliance are Alabama and North Dakota; Massachusetts, Michigan, Mississippi, Nebraska, and Wyoming rest on strong but not fully verbatim-confirmed scope/insurer-definition language; Kansas turns on whether §40-246b(b)'s jurisdictional disclaimer exempts surplus lines from the facially applicable commercial C/N statutes.
- Several states' carve-outs are commercial-scoped, and resolve as by-line. Where the surplus-lines carve-out sits inside a commercial-lines C/N statute (Idaho, Minnesota, Arkansas, Tennessee, New Jersey), the exemption runs only to the commercial regime; each state's personal-lines C/N statutes were checked and are not carved out for surplus lines, so personal-lines notice applies or is silent (see the per-state rows). Arizona's exemption (§20-407.01(F)) is domestic-SL-only, so its foreign/non-admitted treatment is unsettled, as are Virginia (§38.2-4811.1(H)), Missouri (§384.018(7)), Iowa (§515I.4A(7)), and Ohio (§3905.332(I)(3)), which share that "domestic surplus lines insurer" designation framework with insurer-neutral admitted C/N statutes.
- Maine and Florida are the only states whose surplus lines laws themselves contain cancellation/non-renewal standards. In Maine, the admitted statutes (§2908/§3007) expressly exempt surplus lines, so any surplus-lines-specific obligation would arise (if at all) under the surplus lines law itself; verify.
- NRRA (15 U.S.C. §8201 et seq.) governs home-state determination and premium-tax allocation, not cancellation notice; the home-state analysis still controls which state's law applies to a multi-state placement before this table is consulted.
- This reference is a research tool for the practitioner who pulls the opinions and statutes; every period and citation above should be re-checked against the current official text on the cited URL before it is relied upon in a filing or coverage position.
Sources
Per-jurisdiction primary citations and official URLs appear in the Source URL column of the table above. The cross-cutting primary sources and the verified opinions are listed here, primary materials first, then case opinions.
Primary statutes, bills, regulations, and bulletins:
- Florida CS/CS/HB 1611 (2024), Ch. 2024-182: https://www.flsenate.gov/Session/Bill/2024/1611
- Texas HB 2067 (2025), Acts 89th Leg. Ch. 940; Tex. Ins. Code ch. 551: https://statutes.capitol.texas.gov/Docs/IN/htm/IN.551.htm
- Iowa HF 2265 (2024); Iowa Code §515.129C: https://www.legis.iowa.gov/docs/code/515.129C.pdf
- Mississippi HB 1611 (2025); Miss. Code §83-5-28: https://billstatus.ls.state.ms.us/documents/2025/html/HB/1600-1699/HB1611SG.htm
- Louisiana Act 182 / HB 345 (2025) digest: https://www.legis.la.gov/Legis/ViewDocument.aspx?d=1430160 ; LDI Advisory Letter 2026-01 (surplus lines C/N notice, 3/11/2026): https://ldi.la.gov/
Case opinions:
- Essex Ins. Co. v. Zota, 985 So. 2d 1036 (Fla. 2008): https://www.courtlistener.com/opinion/1663571/essex-ins-co-v-zota/
- Kinsale Ins. Co. v. OBMP NY, LLC, 171 F. Supp. 3d 277 (S.D.N.Y. 2016): https://law.justia.com/cases/federal/district-courts/new-york/nysdce/1:2014cv07792/433068/49/
Frequently asked questions
Do state cancellation and non-renewal notice laws apply to surplus lines insurers?
There is no national rule. Roughly a third of jurisdictions exempt surplus lines outright, so the policy's own contract governs; about a third subject it (frequently only commercial or only personal lines); and the rest are statutorily silent, turning on whether the cancellation statute's word "insurer" is limited to authorized/admitted insurers. This survey states each of the 50 states and D.C. as of June 17, 2026, tying every conclusion to a primary-source citation.
Which states clearly exempt surplus lines from cancellation and non-renewal rules?
The cleanest carve-outs, where surplus lines is removed from the cancellation and non-renewal regime entirely, are Hawaii, Wisconsin, Colorado, North Carolina, New Hampshire, and Oregon. In definition-driven states (Texas, Illinois, Nevada, Utah) the statute runs only to authorized insurers or filed forms, so surplus lines is effectively exempt. Watch the common false positives: states whose carve-out sits in a commercial-lines statute (Idaho, Minnesota, Arkansas, Tennessee, New Jersey) exempt only commercial surplus lines, and states with a "domestic surplus lines insurer" exemption (Arizona, Virginia, Missouri, Iowa, Ohio) exempt only domestic SL, leaving foreign/non-admitted treatment unsettled.
Which states apply cancellation and non-renewal notice rules to surplus lines?
States with express statutory or regulatory inclusion include Florida, Connecticut, Vermont, Oklahoma (commercial), Montana, New Mexico, South Carolina, and Pennsylvania (commercial); Delaware reaches surplus lines for personal-lines property. Florida and Maine are the only states whose surplus lines laws themselves address cancellation/non-renewal standards.
Do any states treat surplus lines differently for commercial and personal lines?
Yes. This is common. Several states exempt commercial surplus lines but leave the personal-lines notice rules applicable: Idaho, Minnesota, Arkansas, Tennessee, and New Jersey. New York runs the other way: commercial excess line is exempt (N.Y. Ins. Law § 3426(l)(2)) but personal lines are not carved out of § 3425, while California applies its rules to non-admitted insurers for most property/casualty lines (automobile and workers' compensation excepted). Washington and Alaska exempt surplus lines from the admitted statutes but impose a regulatory floor (WAC 284-30-590(5); 3 AAC 25.070(a)).
When surplus lines is exempt, what governs cancellation and non-renewal?
The surplus lines policy's own cancellation and non-renewal endorsement controls. The practical default is to treat the contract language as governing in silent or exempt states (confirming it is at least as protective as any regulatory floor) and to calendar the statutory notice periods exactly as for admitted business in express-inclusion states.