Broker waiver could let unauthorized insurers sell commercial policies
Permits a waiver of the diligent effort requirement in limited circumstances for certain insurance coverage to be placed by licensed excess line brokers with unauthorized insurers where a retail producing insurance broker seeks to procure or place commercial lines insurance through an unaffiliated wholesale excess line insurance broker. · Engrossed as of 2026-05-19
Bad for everyday people — on our 1–10 scale, 1 hurts and 10 helps.
What it does
The bill would let insurance brokers skip proving they tried authorized insurers before using unauthorized ones, easing placement of commercial coverage through unaffiliated excess line brokers.
What it means for you
The bill would lower the checks on brokers, letting them work with insurers that are not authorized. That could mean cheaper or faster coverage for businesses, but it also reduces oversight and may put more risk on policyholders if the insurer cannot pay claims. Citizens should watch the bill because it shifts protection away from consumers toward the insurance industry.
Who it's for
Insurance brokers
Why it scores 3/10 — the receipts
- Accountability (hurts) — Removes oversight requirement. Waives the diligent effort proof, reducing broker accountability.
- Rights & Protections (hurts) — Weakens consumer safeguards. Eliminates a protection that ensures insurers are authorized before coverage is placed.
- Who Bears the Cost (hurts) — Potential cost shift to policyholders. Using unauthorized insurers may increase risk for consumers if claims are not paid.
- Process Transparency (hurts) — Less transparent placement process. No longer requires brokers to document efforts with authorized insurers.
- Funding Tilt (neutral) — No new funding mentioned. The bill does not create or allocate any funding.
Who's behind it
Bipartisan sponsorship (4R / 2D)
How they voted
Senate · 2026-05-19 — passed
Yes 20R/39D · No 0R/0D