26.1-31.2 Reinsurance Credit - North Dakota Statutes

Download pdf

Loading PDF...

CHAPTER 26.1-31.2REINSURANCE CREDIT26.1-31.2-01. Credit allowed a domestic ceding insurer. Credit for reinsurance mustbe allowed a domestic ceding insurer as either an asset or a deduction from liability on account
of reinsurance ceded only when the reinsurer meets the requirements of either subsection 1, 2,
3, 4, or 5. Credit will be allowed under subsection 1, 2, or 3 only with respect to cessions of a
kind or class of business that the assuming insurer is licensed or otherwise allowed to write or
assume in its state of domicile or, in the case of a United States branch of an alien assuming
insurer, in the state through which it is entered and licensed to transact insurance or reinsurance.
If meeting the requirements of subsection 3 or 4, the requirements of subsection 6 must also be
met.1.Credit must be allowed when the reinsurance is ceded to an assuming insurer or
nonprofit health service corporation which is licensed to transact insurance or
reinsurance in this state.2.Credit must be allowed when the reinsurance is ceded to an assuming insurer which
is accredited as a reinsurer in this state. An accredited reinsurer is one which:a.Files with the commissioner evidence of its submission to this state's
jurisdiction;b.Submits to this state's authority to examine its books and records;c.Is licensed to transact insurance or reinsurance in at least one state, or, in the
case of a United States branch of an alien assuming insurer, is entered through
and licensed to transact insurance or reinsurance in at least one state; andd.Files annually with the commissioner a copy of its annual statement filed with
the insurance department of its state of domicile and a copy of its most recent
audited financial statement; and either(1)Maintains a surplus as regards policyholders in an amount which is not
less than twenty million dollars and whose accreditation has not been
denied by the commissioner within ninety days of its submission; or(2)Maintains a surplus as regards policyholders in an amount less than
twenty million dollars and whose accreditation has been approved by the
commissioner.No credit may be allowed a domestic ceding insurer if the assuming insurer's
accreditation has been revoked by the commissioner after notice and hearing.3.Credit must be allowed when the reinsurance is ceded to an assuming insurer which
is domiciled and licensed in, or in the case of a United States branch of an alien
assuming insurer, is entered through, a state which employs standards regarding
credit for reinsurance substantially similar to those applicable under this statute and
the assuming insurer or United States branch of an alien assuming insurer:a.Maintains a surplus as regards policyholders in an amount not less than twenty
million dollars; andb.Submits to the authority of this state to examine its books and records.Provided, however, that the requirement of subdivision a does not apply to
reinsurance ceded and assumed pursuant to pooling arrangements among insurers
in the same holding company system.Page No. 14.a.Credit must be allowed when the reinsurance is ceded to an assuming insurer
which maintains a trust fund in a qualified United States financial institution, as
defined in subsection 2 of section 26.1-31.2-03, for the payment of valid claims
of its United States policyholders and ceding insurers, their assigns, and
successors in interest.The assuming insurer shall report annually to thecommissioner information substantially the same as that required to be
reported on the national association of insurance commissioners annual
statement form by licensed insurers to enable the commissioner to determine
the sufficiency of the trust fund. In the case of a single assuming insurer, the
trust must consist of a trusteed account representing the assuming insurer's
liabilities attributable to reinsurance ceded by United States ceding insurers
and, in addition, the assuming insurer shall maintain a trusteed surplus of not
less than twenty million dollars. In the case of a group, including incorporated
and individual unincorporated underwriters, the trust must consist of a trusteed
account representing the group's liabilities attributable to business written in the
United States and, in addition, the group shall maintain a trusteed surplus of
which one hundred million dollars must be held jointly for the benefit of United
States ceding insurers of any member of the group for all years of account; the
incorporated members of the group may not be engaged in any business other
than underwriting as a member of the group and are subject to the same level
of solvency regulation and control by the group's domiciliary regulator as are
the unincorporated members. Within ninety days after its financial statements
are due to be filed with the group's domiciliary regulator, the group shall provide
to the commissioner an annual certification of the solvency of each underwriter
by the group's domiciliary regulator or if a certification is unavailable, financial
statements prepared by each underwriter's independent public accountants.b.In the case of a group of incorporated insurers under common administration
which complies with the filing requirements contained in subdivision a, and
which has continuously transacted an insurance business outside the United
States for at least three years immediately prior to making application for
accreditation and submits to this state's authority to examine its books and
records and bears the expense of the examination, and which has aggregate
policyholders' surplus of ten billion dollars; the trust must be in an amount equal
to the group's several liabilities attributable to business ceded by United States
ceding insurers to any member of the group pursuant to reinsurance contracts
issued in the name of such group plus the group shall maintain a joint trusteed
surplus of which one hundred million dollars must be held jointly and
exclusively for the benefit of United States ceding insurers of any member of
the group as additional security for any such liabilities. Within ninety days after
its financial statements are due to be filed with the group's domiciliary regulator,
each member of the group shall make available to the commissioner an annual
certification of the member's solvency by the member's domiciliary regulator
and financial statements of each underwriter member prepared by its
independent public accountant.c.The trust and any amendments to the trust must be established in a form
approved by the commissioner of the state where the trust is domiciled or the
commissioner of another state who, pursuant to the terms of the trust
instrument, has accepted principal regulatory oversight of the trust. The form of
the trust and any trust amendments also must be filed with the commissioner of
every state in which the ceding insurer beneficiaries of the trust are domiciled.
The trust instrument must provide that contested claims must be valid and
enforceable upon the final order of any court of competent jurisdiction in the
United States. The trust must vest legal title to its assets in the trustees of the
trust for its United States policyholders and ceding insurers, their assigns, and
successors in interest.The trust and the assuming insurer are subject toexamination as determined by the commissioner. The trust described herein
must remain in effect for as long as the assuming insurer, or any member orPage No. 2former member of a group of insurers, has outstanding obligations due under
the reinsurance agreements subject to the trust.d.No later than February twenty-eighth of each year the trustees of the trust shall
report to the commissioner in writing setting forth the balance of the trust and
listing the trust's investments at the preceding yearend and shall certify the date
of termination of the trust, if so planned, or certify that the trust will not expire
prior to the next following December thirty-first.5.Credit must be allowed when the reinsurance is ceded to an assuming insurer not
meeting the requirements of subsection 1, 2, 3, or 4 but only with respect to the
insurance of risks located in jurisdictions where the reinsurance is required by
applicable law or regulation of that jurisdiction.6.If the assuming insurer is not licensed or accredited to transact insurance or
reinsurance in this state, the credit permitted by subsections 3 and 4 may not be
allowed unless the assuming insurer agrees in the reinsurance agreements:a.In the event of the failure of the assuming insurer to perform its obligations
under the terms of the reinsurance agreement, the assuming insurer, at the
request of the ceding insurer, shall submit to the jurisdiction of any court of
competent jurisdiction in any state of the United States, will comply with all
requirements necessary to give such court jurisdiction, and will abide by the
final decision of such court or of any appellate court in the event of an appeal;
andb.To designate the commissioner or a designated attorney as its true and lawful
attorney upon whom may be served any lawful process in any action, suit, or
proceeding instituted by or on behalf of the ceding company.This provision is not intended to conflict with or override the obligation of the parties
to a reinsurance agreement to arbitrate their disputes, if such an obligation is
created in the agreement.26.1-31.2-02. Reduction from liability for reinsurance ceded by a domestic insurerto an assuming insurer. A reduction from liability for the reinsurance ceded by a domestic
insurer to an assuming insurer not meeting the requirements of section 26.1-31.2-01 must be
allowed in an amount not exceeding the liabilities carried by the ceding insurer and such
reduction must be in the amount of funds held by or on behalf of the ceding insurer, including
funds held in trust for the ceding insurer, under a reinsurance contract with the assuming insurer
as security for the payment of obligations thereunder, if the security is held in the United States
subject to withdrawal solely by, and under the exclusive control of, the ceding insurer; or, in the
case of a trust, held in a qualified United States financial institution, as defined in subsection 2 of
section 26.1-31.2-03. This security may be in the form of:1.Cash.2.Securities listed by the securities valuation office of the national association of
insurance commissioners and qualifying as admitted assets.3.Clean, irrevocable, unconditional, and evergreen letters of credit issued or confirmed
by a qualified United States institution, as defined in subsection 1 of section
26.1-31.2-03, effective no later than December thirty-first in respect of the year for
which filing is being made, and in the possession of, or in trust for, the ceding
company on or before the filing date of its annual statement.Letters of creditmeeting applicable standards of issuer acceptability as of the dates of their issuance
or confirmation must, notwithstanding the issuing or confirming institution's
subsequent failure to meet applicable standards of issuer acceptability, continue toPage No. 3be acceptable as security until their expiration, extension, renewal, modification, or
amendment, whichever first occurs.26.1-31.2-03. Qualified United States financial institutions.1.For purposes of subsection 3 of section 26.1-31.2-02, a "qualified United States
financial institution" means an institution that:a.Is organized, or in case of a United States office of a foreign banking
organization, is licensed, under the laws of the United States or any state
thereof;b.Is regulated, supervised, and examined by United States federal or state
authorities having regulatory authority over banks and trust companies;c.Has been determined by either the commissioner, or the securities valuation
office of the national association of insurance commissioners, to meet such
standards of financial condition and standing as are considered necessary and
appropriate to regulate the quality of financial institutions whose letters of credit
will be acceptable to the commissioner.2.A "qualified United States financial institution" means, for purposes of those
provisions of this chapter specifying those institutions that are eligible to act as a
fiduciary of a trust, an institution that:a.Is organized, or in the case of a United States branch or agency office of a
foreign banking organization, is licensed, under the laws of the United States or
any state thereof and has been granted authority to operate with fiduciary
powers; andb.Is regulated, supervised, and examined by federal or state authorities having
regulatory authority over banks and trust companies.26.1-31.2-04. Rulemaking authority. The commissioner may adopt reasonable rulesfor the implementation and administration of this chapter.26.1-31.2-05. Reinsurance agreements affected. Sections 26.1-31.2-01, 26.1-31.2-02,26.1-31.2-03, and 26.1-31.2-04 apply to all cessions after July 7, 1991, under reinsurance
agreements which have had an inception, anniversary, or renewal date not less than six months
after July 7, 1991.Page No. 4Document Outlinechapter 26.1-31.2 reinsurance credit