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 small residual — Alabama, North Dakota, and West Virginia — is tagged "Unconfirmed," and a handful of states remain "lean," both of which 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, Maine §2908(9)/§3007(9), Wisconsin §618.41(13)(b)2, Virginia §38.2-4811.1(H), Missouri §384.018(7), Colorado §10-5-118, North Carolina §58-41-10/§58-21-2, New Hampshire §405:24, Iowa §515I.4A(7), Ohio §3905.332(I)(3)); the cleanest "apply" states have express inclusions (Florida §626.9201, 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, North Dakota, and West Virginia still warrant a primary-text check before reliance.
Key Findings
- Express statutory/regulatory inclusion of surplus lines in the cancellation regime: FL, 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, ME, MO, WI, VA, CO (§10-5-118), NC, NH, IA (§515I.4A(7)), OH (§3905.332(I)(3)), OR (ORS 742.001(3) / OAR 836-085-0001).
- 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).
- 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 and personal lines — only domestic SL is expressly exempt (§20-407.01(F)).
- 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: 51-Jurisdiction Table
| Jurisdiction | Surplus lines statute | C/N applies to SL? | Controlling primary citation | Verified notice periods (if applies) | Source URL |
|---|---|---|---|---|---|
| Alabama | Ala. Code tit. 27, ch. 10, art. 2 (§27-10-20+) | Unconfirmed | 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 | n/a | https://law.justia.com/codes/alabama/title-27/ |
| Alaska | AS ch. 21.34 | Partial | 3 AAC 25.070(a): non-admitted insurer may not issue a nonpayment cancellation notice until the AS 21.34.110 disclosure is satisfied | Nonpayment prerequisite only | https://www.akleg.gov/ |
| Arizona | A.R.S. tit. 20, ch. 2, art. 5 | Unconfirmed (domestic SL exempt; foreign/personal not carved out) | A.R.S. §20-407.01(F) exempts a domestic surplus lines insurer's policies from "policy cancellation and nonrenewal" — 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" with no surplus-lines carve-out, so foreign and personal-lines treatment is unsettled (confirm with DIFI) | Admitted (for context): auto cancel 10 days / non-renewal 45 (§20-1632); property §20-1651+ | 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) | 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 | Personal: property non-renewal 30 days; auto cancel 20 / nonpay 10 / non-renewal 30 | https://law.justia.com/codes/arkansas/title-23/ |
| California | Cal. Ins. Code §1760+ | Applies (most P&C; auto & WC excepted) | 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) | Cancellation 20 days, 10 nonpayment/fraud (§677.4); non-renewal 45 days, 75 if expiring on/after 7/1/2020 (§678) | https://leginfo.legislature.ca.gov/ |
| Colorado | C.R.S. tit. 10, art. 5 | No (exempt; 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 | n/a (property); auto silent | https://colorado.public.law/statutes/crs_10-5-118 |
| Connecticut | C.G.S. ch. 701a | Yes | C.G.S. §38a-323(f) (non-renewal applies to SL insurers) & §38a-324(b) (commercial cancellation applies to SL) | 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)) | https://www.cga.ct.gov/current/pub/chap_701a.htm |
| Delaware | 18 Del. C. ch. 19 | Applies (domestic SL, personal residential) | 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 | Cancellation 30 days (10 nonpayment); non-renewal 30 days (§4122) | https://delcode.delaware.gov/title18/c041/sc03/index.html |
| District of Columbia | D.C. Code §31-2502.40+ | No express applicability (contract governs) | DC's P&C cancellation/non-renewal regime is regulatory (26 DCMR §§300–301, 30-day notice) and does not name surplus lines/non-admitted insurers; the SL statute (§31-2502.40) is silent on notice | n/a (contract governs) | https://code.dccouncil.gov/us/dc/council/code/sections/31-2502.40 |
| Florida | Fla. Stat. §626.913+ | Yes (SL-specific statute) | 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) | 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 | http://www.leg.state.fl.us/statutes/ |
| Georgia | O.C.G.A. ch. 33-5 | No express applicability (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 | n/a (contract governs) | https://law.justia.com/codes/georgia/title-33/ |
| Hawaii | HRS art. 431:8 | No (exempt) | 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 | n/a | 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 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 | Commercial: n/a (exempt). Personal: auto cancel ≥20 days / nonpay 10 / non-renew ≥30 (§41-2508); property cancel ≥30 / nonpay 10 (§41-2401) | https://legislature.idaho.gov/statutesrules/idstat/Title41/T41CH18/SECT41-1842/ |
| Illinois | 215 ILCS 5/445 | No (exempt) | 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 | n/a | https://www.ilga.gov/legislation/ilcs/ |
| Indiana | IC 27-1-15.8 (surplus lines era/current) | Yes (commercial) | IC 27-1-31-1: "this chapter applies to all lines of commercial property and casualty insurance" (no SL carve-out) | §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) | https://law.justia.com/codes/indiana/title-27/article-1/chapter-31/ |
| Iowa | Iowa Code ch. 515I | No (exempt) | Iowa Code §515I.4A(7) exempts a domestic surplus lines policy from "all requirements imposed in this state relating to… policy or contract cancellation and nonrenewal… in the same manner and to the same extent as a policy… issued by a nonadmitted insurer domiciled in another state" | n/a | https://www.legis.iowa.gov/docs/code/515I.4A.pdf |
| Kansas | K.S.A. §40-246b et seq. | Unconfirmed (commercial) | 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 | Non-renewal ≥60 days (§40-2,121); cancellation for-cause after 90 days (§40-2,120) — if applicable | https://www.ksrevisor.gov/statutes/chapters/ch40/040_002_0120.html |
| Kentucky | KRS subtitle 304.10 | No express applicability (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" | n/a (contract governs) | https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40552 |
| Louisiana | La. R.S. §22:434+ | By bulletin (SL exempt from C/N statutes) | 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 | 30 days cancellation/non-renewal for SL P&C (LDI Advisory Letter 2026-01) | https://ldi.la.gov/ |
| Maine | 24-A M.R.S.A. ch. 19 | No (admitted statutes exempt SL; SL law sets its own notice) | 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 | SL per §2009-A: non-renewal 30 days; nonpayment 10 days; other 14 days | https://legislature.maine.gov/statutes/24-A/title24-Asec2009-A.html |
| Maryland | Md. Ins. tit. 3, subt. 3 | No express applicability (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" | n/a (contract governs) | https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gin§ion=3-308 |
| Massachusetts | M.G.L. ch. 175 §168 | Unconfirmed (lean exempt) | 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) | n/a | https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXII/Chapter175/Section187C |
| Michigan | MCL §500.1901+ | Unconfirmed (lean exempt) | 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 | n/a | 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) | §60A.35 carves "surplus lines insurance" out of the §§60A.35–60A.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–.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 | Personal: HO non-renewal 60 days; auto 30 days (10 nonpayment) | https://www.revisor.mn.gov/statutes/cite/60A.35 |
| Mississippi | Miss. Code §83-21-17 to -31 | Yes (lean) | 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 | 30 days C/N; 10 days nonpayment (creditor loss payee); 45 days effective 7/1/2026 (HB1611) | https://law.justia.com/codes/mississippi/title-83/chapter-5/article-1/section-83-5-28/ |
| Missouri | Mo. Rev. Stat. ch. 384 | No (exempt) | Mo. Rev. Stat. §384.018(7) (domestic SL exempt from C/N "in the same manner and to the same extent as a nonadmitted insurer domiciled in another state"); §384.036(6) legend | n/a | https://revisor.mo.gov/main/OneSection.aspx?section=384.018 |
| Montana | MCA §33-2-301+ | Yes | 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") | Cancellation 10 days (§33-15-1103); non-renewal 45 days (§33-15-1105); personal property 45 days, 20 nonpayment (§33-23-401) | https://leg.mt.gov/bills/mca/33/2/33-2-302.htm |
| Nebraska | Neb. Rev. Stat. §§44-5501 to 44-5515 | Yes (lean) | 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 | 60 days C/N; 10 days nonpayment | https://nebraskalegislature.gov/laws/statutes.php?statute=44-522 |
| Nevada | NRS ch. 685A | No (exempt) | NRS §685A.100 (SL validity); admitted C/N statutes not extended to SL | n/a | https://www.leg.state.nv.us/nrs/nrs-685a.html |
| New Hampshire | RSA ch. 405 (405:24+) | No (exempt) | 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" | n/a | 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) | 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 | Personal: HO cancel/non-renewal 30–120 days (10 nonpayment); auto non-renewal 60 / cancel 20 | https://www.law.cornell.edu/regulations/new-jersey/N-J-A-C-11-1-20-1 |
| New Mexico | NMSA §59A-14-1+ | Yes | 13.8.4.7(E) NMAC ("insurer" includes non-admitted surplus line carriers); authority NMSA §59A-18-29 | Non-renewal 30 days (13.8.4.9); substantial-change cancellation 30 days / enumerated-grounds 15 days (13.8.4.8) | 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 not carved out) | 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) | Personal lines per §3425; fire 5-day per §3404 | https://www.nysenate.gov/legislation/laws/ISC/3426 |
| North Carolina | G.S. ch. 58, art. 21 | No (exempt) | 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) | n/a | 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 §§26.1-39-10 to 26.1-39-21 / 26.1-40; scope as to non-admitted insurers is unconfirmed | n/a | https://ndlegis.gov/cencode/t26-1c44.pdf |
| Ohio | R.C. §3905.30+ | No (exempt, by statute) | R.C. §3905.332(I)(3) exempts surplus lines policies "from all statutory requirements relating to… (3) Policy cancellation and renewal." (The admitted C/N sections §§3937.30–3937.39 are automobile-only) | n/a | https://codes.ohio.gov/ohio-revised-code/section-3905.332 |
| Oklahoma | 36 O.S. §1100 et seq. | Yes (commercial cancellation only) | 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 | Cancellation 10 days (for-cause); non-renewal 45 days but to "insurer" only (not SL); other lines exempt | https://law.justia.com/codes/oklahoma/title-36/section-36-3639/ |
| Oregon | ORS §735.400 to 735.495 | No (exempt) | ORS §742.001(3) excludes "surplus lines insurance policies" from chapter 742, which houses the commercial cancellation/non-renewal provisions (§§742.700–742.710); OAR 836-085-0001(3)(o) separately excludes "any policy issued by a surplus lines insurer" from the commercial C/N rules | n/a | https://oregon.public.law/statutes/ors_742.001 |
| Pennsylvania | 40 P.S. §§991.1601+ | Yes (commercial) | 31 Pa. Code §113.81 (defines "insurer" to include "eligible surplus lines insurer"); Act 86 of 1986 (40 P.S. §§3401 to 3409) | Per Act 86 / 31 Pa. Code §§113.85, 113.88 (commercial: 60-day non-renewal; mid-term cancellation per enumerated grounds) | https://www.pacodeandbulletin.gov/ |
| Rhode Island | R.I. Gen. Laws ch. 27-3 | By-line (SL exempt for commercial lines) | 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 | Commercial reg: 30 days cancellation / 10 nonpayment / 60 non-renewal (SL exempt); standard fire per policy (§27-5-3.4) | https://rules.sos.ri.gov/regulations/part/230-20-20-1 |
| South Carolina | S.C. Code ch. 38-45 | Yes | 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 | §38-75-730 cancellation (first 120 days any reason; specified grounds thereafter); §38-75-740 non-renewal | https://www.scstatehouse.gov/code/t38c075.php |
| South Dakota | S.D.C.L. ch. 58-32 | No express applicability (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 | n/a (contract governs) | https://sdlegislature.gov/Statutes/58-33-60 |
| Tennessee | Tenn. Code ch. 56-14 | By-line (commercial exempt; personal lines not carved out) | 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) | Personal: non-renewal 30 days; auto cancel 20 / nonpay 10 / non-renewal 30 | https://law.justia.com/codes/tennessee/title-56/chapter-7/part-19/ |
| Texas | Tex. Ins. Code ch. 981 | No (exempt) | 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 | n/a | https://statutes.capitol.texas.gov/Docs/IN/htm/IN.551.htm |
| Utah | Utah Code §31A-15-103 | No (exempt) | 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) | n/a | https://le.utah.gov/xcode/Title31A/Chapter21/31A-21-S101.html |
| Vermont | 8 V.S.A. ch. 138 | Yes | 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) | Cancellation 45 days; 15 days nonpayment (§4712(a)); non-renewal 45 days | https://legislature.vermont.gov/statutes/fullchapter/08/138 |
| Virginia | Va. Code ch. 48 (§38.2-4805.1+) | No (exempt) | Va. Code §38.2-4811.1(H) exempts domestic surplus lines insurers' policies from "policy cancellation and nonrenewal… in the same manner and to the same extent as a nonadmitted insurer domiciled in another state"; foreign/alien SL is likewise outside the admitted regime, as ch. 48 governs broker placement only (§38.2-4815) | n/a | https://law.lis.virginia.gov/vacode/title38.2/chapter48/section38.2-4811.1/ |
| Washington | RCW ch. 48.15 | Regulatory floor | 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 | Broker placement floor: 10 days nonpayment / 20 days other (fire under ch. 48.53 may be shorter) | https://app.leg.wa.gov/RCW/default.aspx?cite=48.18.290 |
| West Virginia | W. Va. Code ch. 33-12C | Unconfirmed (residential property only) | 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)) | Non-renewal ≥30 days (§33-17A-4(c)) if applicable | https://code.wvlegislature.gov/33-17A-4/ |
| Wisconsin | Wis. Stat. §618.41 | No (exempt) | Wis. Stat. §618.41(13)(b)2 (domestic SL policy "exempt from all statutory requirements, including requirements relating to… policy cancellation and nonrenewal… in the same manner as a surplus lines insurance policy issued by a nondomestic insurer"); admitted C/N §631.36 | n/a | https://docs.legis.wisconsin.gov/document/statutes/618.41 |
| Wyoming | Wyo. Stat. ch. 26-11 | Yes (lean) | Wyo. Stat. §26-35-203 ("an insurer"; no authorized-only limit); §26-35-202 cancellation. The Wyoming DOI "Surplus Lines Exemption Rescission Bulletin" (Bulletin 01-2026, dated 1/22/2026, on doi.wyo.gov) rescinds export/diligent-effort exemptions and concerns export eligibility, not C/N notice; it likely does not move this row, but confirm | Non-renewal 45 days (90 days professional health care malpractice) (§26-35-203); cancellation 45 days / 10 days nonpayment (§26-35-202) | 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, 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, Maine §2908(9)/§3007(9), Missouri §384.018(7), Wisconsin §618.41(13)(b)2, Virginia §38.2-4811.1(H), New Hampshire §405:24, Colorado §10-5-118, North Carolina §58-41-10 & §58-21-2, Iowa §515I.4A(7), Ohio §3905.332(I)(3). A separate 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, Oklahoma, Minnesota, Arkansas, Tennessee, New Jersey (see the table). Arizona's §20-407.01(F) exemption is domestic-SL-only, leaving foreign and personal-lines treatment unsettled.
- 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; Indiana, 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 — and 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), North Dakota (§§26.1-39-10 to 26.1-39-21 scope re non-admitted insurers), and West Virginia (art. 33-17A covers residential property only) 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.
- 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); and the Wyoming DOI Surplus Lines Exemption Rescission Bulletin (dated 1/22/2026), which concerns export/diligent-effort eligibility rather than cancellation/non-renewal and likely does not move Wyoming.
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, North Dakota, and West Virginia; 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, Oklahoma, 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 and personal-lines treatment is unsettled.
- 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/
- Wyoming DOI Bulletin 01-2026, Surplus Lines Exemption Rescission (1/22/2026): https://doi.wyo.gov/legal
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 express carve-outs are Idaho, Hawaii, Minnesota, Maine, Arkansas, Wisconsin, Virginia, Missouri, Arizona, Colorado, North Carolina, New Hampshire, Tennessee, New Jersey, Iowa, and Ohio — though several sit inside a commercial-lines statute, so personal-lines treatment is a separate question. In definition-driven states (Texas, Illinois, Nevada, Utah) the statute runs only to authorized insurers or filed forms, so surplus lines is effectively exempt.
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. New York exempts commercial excess-line policies (N.Y. Ins. Law § 3426(l)(2)) but does not carve personal lines out of § 3425, while California applies its cancellation and non-renewal rules to non-admitted insurers for most property/casualty lines (automobile and workers' compensation excepted). Washington and Alaska exempt surplus lines from the admitted-market statutes but impose a regulatory floor — Washington's broker-placement rule (WAC 284-30-590(5)) and Alaska's nonpayment-disclosure prerequisite (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.