The Surplus Lines Market is Not Just for Celebrities
January 25, 2022
The Surplus Lines Market is Not Just for Celebrities

In 2004 a movie came out with Ben Stiller and Jennifer Aniston called “Along Came Polly”, the movie centers around Stiller who is a Risk Analyst for a life insurance company and part of the story follows a Richard Branson type who is seeking life insurance. Stiller uses his Risk Master software to calculate the risk of insuring this individual who is an extreme adrenaline junkie. Needless to say, Stiller finds that the CEO’s penchant for danger makes him uninsurable for life insurance- how can you calculate a rate for someone willing to jump out of a perfectly good airplane? There are very few movies out there about insurance folks so bear with me while I circle back around on this.


We all know that you can insure a person through life insurance, although there are several hazardous occupations that make that endeavor expensive or seemingly impossible. The most dangerous jobs in the world include logging, commercial fishing, and mining, but did you know that it also includes farmers, truck drivers, and garbage collectors? These occupations are considered inherently dangerous and therefore the rates to insure the life of these occupations is costly and hard to obtain. Or what about the celebrities that want to insure their limbs? Rihanna, Heidi Klum and Jamie Lee Curtis insure their legs, Keith Richards insures his hands, Julia Roberts and America Ferrera insure their smiles and numerous other celebrities insure various parts and pieces for Millions of Dollars. So, where does one go to obtain insurance when the standard companies won’t take the risk?


Throughout modern history there have been insurers who have hit the headlines for covering unusual risks, mostly through a conglomerate of underwriters and actuaries that put pencil to paper to calculate manual rates for the risks and put up a promise to pay in exchange for a premium, essentially gambling that they will not have to payout. In theory, you can insure anything, from a satellite in space to the Titanic (the Titanic was insured for 1 million pounds). One of the many myths floating around Lloyd’s of London is thousands of policies taken out by people just in case they are turned into a vampire or werewolf (the Twilight Saga has some explaining to do). What about a movie director that wanted to protect himself against losses in the event that extraterrestrial intelligence was discovered before his movie came out to which the insurer refused, stating “I’m sorry Dave, I’m afraid I can’t do that”.


One of the most famous and largest conglomerates of underwriters in the world that take on this very enigmatic endeavor is called Lloyd’s of London. They are one of the many brokers who undertake the rating of the strange and unusual or the emerging risks that don’t have standard rates developed due to the newness of their innovation. They may also take on risks with adverse losses, high hazards and large values. This market segment is called Surplus Lines.


What is surplus lines insurance?

Simply put, surplus lines insurers are carriers that are willing to take on the risk when a number of admitted carriers have declined to do so. Standard market insurers continue to depart from certain lines of business, classes of business and certain geographies and are reducing limit capacities on both property and casualty placements. Admitted carriers seek to maintain underwriting discipline by reducing or withdrawing from certain risk classes to improve margins and de- risk their portfolios and the excess & surplus lines sector of the industry continues to grow as a result.


The U.S. insurance market is very competitive with many insurers licensed and admitted by states to provide coverage for numerous risks through a variety of distribution channels. Simply stated, in most states surplus lines insurers cannot write insurance coverage available from admitted insurers and may only write coverage rejected by a number of admitted insurers.


Are Surplus Lines Regulated?

While the surplus lines insurance market is regulated differently than the admitted market, it is a regulated marketplace. Surplus lines insurers are subject to regulatory requirements and are overseen for solvency by their domiciliary state or country. While solvency regulation is the responsibility of the surplus lines insurer’s domiciliary state or country, the surplus lines transaction is regulated through a licensed surplus lines broker. These brokers are responsible for ensuring the surplus lines insurer meets eligibility criteria to write policies in the state and to ensure the insurers are financially sound.


A consumer benefit available to admitted insurer policyholders but not available to surplus line insurers is protection by the state’s guaranty fund. This guaranty is funded by admitted insurers and will pay claims should an insurer become insolvent. Due to the strong and effective state-based solvency monitoring framework, the insolvency rate of surplus lines insurers has been historically equivalent to the admitted marketplace.


Just like Ben Stiller in the movie, surplus lines underwriters have to calculate the hazards and risks associated with the operations of that risk and calculate the premiums needed to cover their loss should it occur. This can be difficult when there is no past experience to draw from, but many times an underwriter will draw the knowledge and experience of similar risks to get to the point where they feel comfortable with the rate and an insurance policy is born. Most surplus lines business is not as dramatic as the examples above, but I have found through my 2-decade career to have experienced a few interesting endeavors such as a Reindeer farm, an antique steamboat, and my personal favorite, a fireworks factory (oh yes, they exist, Billy).


Not All Agents are Created Equal

When it comes to surplus lines insurance you need to have an agent that you can trust who knows the marketplace and the brokers like the back of their hand. Not all agents are created equal. If you’re in the market and not sure where you should turn to for your unique endeavor, try calling us at Simco. Our licensed agents can guide you through the process to provide you with insurance coverage as unique as your business.

Sign up for our newsletter.

Top 5 HR Trends That Will Shape Businesses in 2025

January 7, 2025
As 2025 kicks off, the HR landscape is evolving faster than ever before. Technology, shifting workforce expectations, and the need for businesses to be agile in a dynamic global environment are all driving change. What worked yesterday may not be enough today, and companies must adapt to stay ahead. Here are the top five HR trends you’ll need to watch closely in 2025: 1. AI is Changing the Hiring Game Artificial intelligence is no longer just a buzzword in HR—it’s a game-changer. Tools that can scan resumes, match candidates to roles, and even conduct initial assessments are becoming staples for businesses aiming to save time and improve hiring outcomes. In 2024, many organizations began integrating AI to remove unconscious bias and make their hiring practices more inclusive, and this trend is expected to accelerate. 2. Flexibility Isn’t Just a Perk Anymore Hybrid and remote work models are here to stay, but the conversation has shifted. In 2025, it’s less about offering flexibility and more about making it work effectively. Companies are adopting sophisticated tools for remote collaboration, redefining performance metrics, and ensuring policies address the nuances of managing both in-office and remote teams. The focus is on maintaining productivity without compromising employee well-being. 3. Wellness Goes Beyond Gym Memberships In recent years, wellness programs have evolved beyond basic offerings like gym memberships to address a wider range of employee needs. As companies recognize the link between employee well-being and productivity, they’re broadening their focus to include mental health, financial stability, and holistic support. In 2023 and 2024, for example, Delta expanded its employee wellness initiatives by improving access to mental health care. The airline worked with Spring Health, a new EAP provider, to create a larger and more diverse network of mental health professionals, offering better support for both employees and their household members. Looking ahead to 2025, wellness will become more deeply integrated into company cultures. Expect companies to go beyond providing reactive support to fostering proactive wellness through personalized tools, such as mental health apps, financial coaching, and enhanced benefits like paid leave for caregiving. With these programs, businesses are not just addressing immediate health concerns but also empowering employees to manage their overall well-being in a more holistic way. The focus will be on creating a supportive, sustainable work environment that helps employees thrive both at work and in their personal lives. 4. Upskilling is a Competitive Necessity Technology is evolving faster than ever, and companies are racing to keep up. Upskilling employees in areas like data analysis, AI, and emerging tech became a priority in 2024, and it’s clear that this trend will only grow. Businesses that invest in continuous learning programs—whether through certifications, on-the-job training, or digital learning platforms—are better positioned to stay ahead in their industries. 5. Data is Driving HR Decisions HR is leaning heavily on people analytics to guide decision-making. Instead of relying on intuition, businesses are using data to understand employee engagement, pinpoint reasons for turnover, and improve productivity. The emphasis on metrics like employee sentiment and workforce utilization gained traction last year, and more organizations are embedding analytics into their HR strategies to tackle challenges proactively. Final Thoughts The HR landscape in 2025 will be shaped by these transformative trends. Businesses that embrace innovation and prioritize their people will find themselves not just adapting but thriving in the evolving workplace. As these trends unfold, staying proactive and flexible will be the key to turning challenges into opportunities.

IRS Announces 2025 PCORI Fee Update

January 6, 2025
The IRS has released the 2025 Patient-Centered Outcomes Research Institute (PCORI) fee , which will increase to $3.47 per covered life —a $0.25 increase from 2024. This fee applies to plan years ending on or after October 1, 2024 , and before October 1, 2025 . What is the PCORI Fee? The PCORI fee was introduced as part of the Affordable Care Act (ACA) to help fund the research conducted by the Patient-Centered Outcomes Research Institute (PCORI). This research focuses on improving healthcare outcomes by comparing different medical treatments. The fee is levied on insurers, as well as self-insured and level-funded health plans. The fee is calculated based on the average number of covered lives under a plan and is due once a year, with the filing occurring during the second quarter on Form 720 , the Quarterly Federal Excise Tax Return . The payment is due by July 31 each year. Key Details for Employers and Plan Sponsors Who is Affected? : The fee applies to health insurers, self-insured health plans, and level-funded health plans. When is it Due? : The fee must be reported on Form 720 and paid by July 31 each year. How is it Calculated? : The fee is based on the average number of covered lives during the plan year. The updated $3.47 per covered life fee will be in effect for health plans with policy years ending between October 1, 2024, and October 1, 2025. Employers should be prepared to account for this increase when filing for 2025. For more information on the PCORI fee and its reporting requirements, consult the IRS Bulletin 2024-49 , published on December 2, 2024, or visit the IRS PCORI Fee page . 

Federal DOL Restores Simplified Tip Credit Rule: Employer Guidance

January 6, 2025
In a move welcomed by many employers in the hospitality and service industries, the U.S. Department of Labor (DOL) has officially reinstated the pre-2021 tip credit rule. This change, effective December 17, 2024, follows a recent court of appeals decision that vacated the “80/20/30” tip credit rule that had been implemented under the Trump administration. If you’re wondering what this means for your business, don’t worry—this update doesn’t require any immediate action on your part. What Was the "80/20/30" Rule? Before we dive into the implications of the DOL’s latest rule change, let’s quickly review the "80/20/30" rule. This rule, introduced in 2021, placed specific restrictions on how much time tipped employees (such as waitstaff and bartenders) could spend on non-tip-generating duties (e.g., cleaning, setting up, and other side work). The rule essentially required that tipped workers spend at least 80% of their work hours on tip-generating activities to continue qualifying for the tip credit. Moreover, under the "80/20/30" rule, employers could no longer use the tip credit to offset wages for certain non-tip-producing activities, and they had to ensure that employees spent no more than 30 minutes at a time on side duties. This increased the burden on employers, as it required more careful tracking of employee duties and work hours to remain in compliance. Why Was the Rule Vacated? The court of appeals decision in August 2024 ruled that the "80/20/30" rule was too restrictive and inconsistent with the intent of the Fair Labor Standards Act (FLSA), which allows employers to take a tip credit for workers who perform both tipped and non-tipped duties. The court found that the new rule created unreasonable administrative burdens and restrictions that were not in line with past practices or legal precedents. In response to this ruling, the DOL moved quickly to restore the pre-2021 tip credit rule. What Does the Reinstatement of the Pre-2021 Rule Mean for Employers? With the reinstatement of the pre-2021 tip credit rule, the DOL has effectively simplified the way employers can apply the tip credit to their workers. Under the prior rule, employees who perform a combination of tipped and non-tipped duties can still qualify for the tip credit, as long as their primary job responsibility is related to tipped work. Employers no longer have to track the precise breakdown of time spent on tip-generating vs. non-tip-generating activities in the same way. This returns to the more flexible guidelines where as long as tipped employees perform "related" duties (e.g., cleaning their station, setting up for service), they can still receive the tip credit for those hours, provided those activities don’t dominate their workday. What Action Is Needed from Employers? For most employers, this change will not require any immediate action, as the final rule effectively restores the pre-2021 approach. The main thing to note is that employers should continue to comply with the broader requirements of the Fair Labor Standards Act (FLSA) and ensure they are properly paying employees at least the federal minimum wage (including tips) when they apply the tip credit. Here are a few things to keep in mind: Reassess Timekeeping Systems: While the rule change simplifies some aspects of record-keeping, employers still need to ensure they have a timekeeping system in place that accurately tracks the hours worked by tipped employees. It is essential to ensure that the wages (base pay plus tips) equal at least the federal minimum wage. No Need for Immediate Adjustments: If you were already applying the pre-2021 tip credit rule, no changes are necessary on your part. For those who had adjusted to the "80/20/30" rule, reverting back to the previous method should not require significant changes. State and Local Laws: Employers should still be mindful of any state or local laws that may have stricter requirements than federal law. Always check your state’s labor regulations to ensure full compliance. Why Is This Change Important? The reinstatement of the simplified tip credit rule provides relief to many employers, particularly in industries like restaurants, hotels, and other service-based businesses where tipping is common. The pre-2021 rule is seen as more employer-friendly, offering more flexibility in how tipped employees can spend their time without losing eligibility for the tip credit. For employers, this means less administrative burden, reduced risk of compliance issues, and potentially fewer legal challenges. This shift is a step toward simplifying labor law compliance for businesses already struggling with the complexities of wage and hour rules. Looking Ahead As we move further into 2025, it’s important for employers to stay informed of any future changes in federal labor regulations. While this change restores a previous rule, the DOL’s stance on tip credits and wage issues can continue to evolve. Employers in tip-dependent industries should continue to monitor updates from the Department of Labor and legal rulings to ensure ongoing compliance. The DOL’s restoration of the pre-2021 tip credit rule is a welcome change for many businesses, offering a return to simpler guidelines and less restrictive requirements. For most employers, no immediate action is required, but it’s always a good idea to review your practices to ensure they align with the updated rule. If you need further assistance in navigating these changes, reach out to Simco to ensure your business stays compliant in 2025 and beyond. 

Have a question? Get in touch.

Share by: