A surplus lines broker seeking to procure or place nonadmitted insurance in a State
for an exempt commercial purchaser shall not be required to satisfy any State requirement
to make a due diligence search to determine whether the full amount or type of insurance
sought by such exempt commercial purchaser can be obtained from admitted insurers
(1) the broker procuring or placing the surplus lines insurance has disclosed to the
exempt commercial purchaser that such insurance may or may not be available from the
admitted market that may provide greater protection with more regulatory oversight;
(2) the exempt commercial purchaser has subsequently requested in writing the broker
to procure or place such insurance from a nonadmitted insurer.
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