Alaska Confirms No Changes to Surplus Lines Placement List What Order R 26-01 Means for Producing Brokers

The Alaska Division of Insurance has finalized Order R 26-01, confirming that no updates will be made to the state’s Surplus Lines Placement List. After a formal hearing and public comment period yielded no testimony or written submissions, the Director determined that the placement list adopted under prior orders will remain unchanged. This order provides continued regulatory clarity for producing brokers regarding due diligence requirements and surplus lines placement standards effective January 5, 2026.

Overview of Order R 26-01

On October 15, 2025, the Alaska Division of Insurance conducted a hearing in accordance with 3 AAC 25.040 and Alaska Statutes 21.06.180 through 21.06.230. The purpose of the hearing was to receive testimony regarding the types of insurance coverage that insureds are generally unable to secure from admitted insurers and that may therefore be eligible for placement in the surplus lines market.

No testimony was presented during the hearing, and no written comments were submitted by interested parties before the deadline of October 29, 2025. As a result, the Director concluded that no modifications were necessary and issued Order R 26-01 to formally maintain the existing Surplus Lines Placement List.

Surplus Lines Placement List Remains Unchanged

Order R 26-01 confirms that the Surplus Lines Placement List previously adopted under Order R 25-01, along with code number corrections issued under Order R 25-02, will remain in effect without modification. This determination provides stability and predictability for surplus lines transactions in Alaska.

The placement list serves as a critical compliance reference for producing brokers by identifying categories of insurance that may be placed with eligible non-admitted insurers when coverage is not available in the admitted market.

Due Diligence and Broker Responsibilities

Under Alaska Statute 21.34.020(a)(3), producing brokers are required to conduct a diligent search of the admitted market before placing coverage with a non-admitted insurer. The statute provides that due diligence is presumed when a producing broker affirms that the coverage being placed appears on the Surplus Lines Placement List.

This presumption simplifies compliance obligations for brokers by allowing them to rely on the placement list as evidence that admitted coverage is generally unavailable for certain types of risk.

Exceptions and Coverage Not on the Placement List

The Division’s order also reiterates that brokers may request an exception under AS 21.34.020(a)(4) when coverage not included on the placement list is available in the admitted market. This process ensures flexibility while preserving the regulatory framework intended to prioritize admitted insurers whenever feasible.

Brokers should continue to document market research and maintain records supporting placement decisions, particularly when seeking or relying upon statutory exceptions.

Effective Date and Ongoing Compliance

Order R 26-01 is effective January 5, 2026. With no changes made to the placement list, producing brokers and surplus lines stakeholders can continue operating under the same standards established in early 2025.

The absence of changes also signals the Division’s satisfaction with the current structure and its alignment with market conditions in Alaska.

Conclusion

Order R 26-01 reinforces regulatory consistency for Alaska’s surplus lines market by confirming that the existing Surplus Lines Placement List remains unchanged. For producing brokers, this provides continued clarity around due diligence requirements and placement eligibility. As surplus lines regulations continue to evolve nationally, maintaining awareness of state-specific orders remains essential to ensuring compliant and efficient placement practices.