§33-12C-13. Licensee's duty to notify insured.
(a) No contract of insurance placed by a surplus lines
licensee under this article shall be binding upon the insured and
no premium or fee charged shall be due and payable until the
surplus lines licensee shall have notified the insured in writing,
in a form acceptable to the commissioner, a copy of which shall be
maintained by the licensee with the records of the contract and
available for possible examination, that:
(1) The insurer with which the licensee places the insurance
is not licensed by this state and is not subject to its
(2) In the event of the insolvency of the surplus lines
insurer, losses will not be paid by the state insurance guaranty
(b) Nothing herein contained shall nullify any agreement by
any insurer to provide insurance.