If a surplus lines broker contacts a wholesale SL broker to obtain coverage, does the wholesale SL broker need to be licensed in DE? Who is responsible for making the filings with the State?

It depends on contract terms. Most of the time it is the broker who actually transacts business with the insurance company that is responsible for making the filings with the state. And Delaware law requires any insurance producer who transacts business with a nonadmitted company to be specially licensed for surplus lines. However, if a wholesale broker is under contract with a nonadmitted insurer, and if the contract includes underwriting and claims handling authority in addition to binding authority, then the Department considers that wholesale broker to be acting as the insurer, not the SL broker, in the transaction. In that case the wholesale broker would not need to be licensed and the “original” SL broker must be licensed in Delaware and is responsible for the filings as if they had contacted the company directly. This is especially true if the wholesale broker is registered in Delaware as an MGA.