Maine recently enacted significant changes to its surplus lines requirements through L.D. 1837, “An Act to Amend the Laws Affecting Insurance” (Public Law 2025, Chapter 348), which became effective on September 24, 2025. See July 25, 2025 Bulletin Notice
Key Changes to Surplus Lines Requirements
Enhanced Consumer Notification Requirements
The most significant change involves new consumer protection notice requirements for surplus lines policies. Under the updated Maine Revised Statutes Title 24-A §2009, surplus lines licensees must now provide enhanced consumer notices with specific formatting requirements.
New Notice Requirements:
- Must be printed in 16-point type on a separate document affixed to the application.
- Applicants must sign and date a copy to acknowledge receiving it.
- Surplus lines licensees must maintain the signed notice for 5 years from policy expiration
- A copy of the signed notice must be sent to the insured at policy delivery, attached as a separate document
Required Notice Text (printed in 16-point type):
“Notice: A nonadmitted or surplus lines insurer is issuing the insurance policy that you have applied to purchase. These insurers do not participate in insurance guaranty funds. The guaranty funds will not pay your claims or protect your assets if the insurer becomes insolvent and is unable to make payments as promised. For additional information about the above matters and about the insurer, you should ask questions of your insurance agent, broker or surplus lines broker. You may also contact your insurance department consumer helpline.”
NAIC Model 870 Conformance
Maine’s legislation specifically included provisions to conform the Surplus Lines chapter to NAIC Model 870. This modernization effort updated various aspects of Maine’s surplus lines law to align with national standards and best practices.
Updated Terminology and Requirements
The legislation made several technical updates including:
- Replacing references to “unauthorized insurers” with “nonadmitted insurers” throughout the surplus lines statutes
- Updating cancellation and nonrenewal notice requirements for surplus lines coverage
- Clarifying that workers’ compensation insurance is not eligible for surplus lines placement
Where to Locate These Requirements
The updated requirements can be found in several locations:
- Maine Revised Statutes Title 24-A, Chapter 19 – The complete surplus lines law framework
- Maine Bureau of Insurance Bulletin 485 – Published July 25, 2025, providing a comprehensive summary of all 2025 legislative changes affecting insurance
- Maine Bureau of Insurance Website – Official surplus lines information and resources
- Maine Bureau of Insurance Bulletin 457 – Still relevant for general surplus lines placement guidance, issued April 14, 2021
Current Surplus Lines Tax and Fees
For reference, Maine’s current surplus lines requirements include:
- Premium tax rate: 3% (applied retroactively to January 1, 2023)
- Filing frequency: Within 45 days of end of each quarter and annually
- No stamping fee – Maine does not have a surplus lines association or stamping office
Implementation Timeline
All changes from L.D. 1837 became effective on September 24, 2025, except where specifically noted otherwise in the legislation. Surplus lines licensees should ensure full compliance with the new consumer notice requirements for all policies issued or renewed after this date.
The enhanced notification requirements represent Maine’s commitment to consumer protection in the surplus lines market, ensuring that policyholders clearly understand they are purchasing coverage from non-admitted insurers that do not participate in state guaranty funds
Disclaimer:
This summary of recent changes to Maine surplus lines law is provided by ReSource Pro as a courtesy based on regulatory notices and legislative publications. It is for general informational purposes only and should not be considered legal advice or interpretation. ReSource Pro makes no guarantee of accuracy or completeness and is not responsible for any misinterpretation or reliance on this information. For specific guidance, please consult official sources or legal counsel.