2. a. Notwithstanding any other provision of law to the contrary, a domestic insurer possessing policyholder surplus of at least $15,000,000 may, pursuant to a resolution by its board of directors, and upon the written approval of the Commissioner of Banking and Insurance, be designated as a domestic surplus lines insurer. A domestic surplus lines insurer shall be considered an eligible, unauthorized insurer for purposes of writing surplus lines insurance coverage.

b. A domestic surplus lines insurer shall only insure in this State a New Jersey risk procured from a surplus lines agent in accordance with the provisions of “the surplus lines law,” P.L.1960, c.32 (C. 17:22-6.40 et seq.).

c. A domestic surplus lines insurer shall not issue policies of private passenger automobile insurance, workers’ compensation or workers’ occupational disease insurance.

d. Insurance written by a domestic surplus lines insurer shall be subject to the tax on premiums provided by section 25 of P.L.1960, c.32 (C. 17:22-6.59).

L.2011, c.39, s.2.