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786-1 Credit for Reinsurance Model Regulation

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786-1 Credit for Reinsurance Model Regulation NAIC Model Laws, Regulations, Guidelines and Other Resources—Summer 2019 CREDIT FOR REINSURANCE MODEL REGULATION Table of Contents Section 1. Authority Section 2. Purpose Section 3. Severability Section 4. Credit for Reinsurance—Reinsurer Licensed in this State Section 5. Credit for Reinsurance—Accredited Reinsurers Section 6. Credit for Reinsurance—Reinsurer Domiciled in Another State Section 7. Credit for Reinsurance—Reinsurers Maintaining Trust Funds Section 8. Credit for Reinsurance––Certified Reinsurers Section 9. Credit for Reinsurance—Reciprocal Jurisdictions Section 10. Credit for Reinsurance Required by Law Section 11. Asset or Reduction from Liability for Reinsurance Ceded to Unauthorized Assuming Insurer Not Meeting the Requirements of Sections 4 Through 10 Section 12. Trust Agreements Qualified Under Section 11 Section 13. Letters of Credit Qualified Under Section 11 Section 14. Other Security Section 15. Reinsurance Contract Section 16. Contracts Affected Form AR-1 Certificate of Assuming Insurer Form CR-1 Certificate of Certified Reinsurer Form RJ-1 Certificate of Reinsurer Domiciled in Reciprocal Jurisdiction Form CR-F Form CR-S Section 1. Authority This regulation is promulgated pursuant to the authority granted by Sections [insert applicable section number] and [insert applicable section number] of the Insurance Code. Section 2. Purpose The purpose of this regulation is to set forth rules and procedural requirements that the commissioner deems necessary to carry out the provisions of the [cite state law equivalent to the Credit for Reinsurance Model Law (#785)] (the Act). The actions and information required by this regulation are declared to be necessary and appropriate in the public interest and for the protection of the ceding insurers in this state. Section 3. Severability If any provision of this regulation, or the application of the provision to any person or circumstance, is held invalid, the remainder of the regulation, and the application of the provision to persons or circumstances other than those to which it is held invalid, shall not be affected. Section 4. Credit for Reinsurance—Reinsurer Licensed in this State Pursuant to Section [cite state law equivalent of Section 2A of the Credit for Reinsurance Model Law (#785)] the commissioner shall allow credit for reinsurance ceded by a domestic insurer to an assuming insurer that was licensed in this state as of any date on which statutory financial statement credit for reinsurance is claimed. Drafting Note: “Statutory financial statement” means quarterly, annual or other financial statements required by state law. The drafters conditioned the recognition of credit on matters reported, existing or occurring “as of any date on which” statutory financial statement credit is claimed or a financial statement is filed to ensure that requisite conditions for credit exist at the time the credit is claimed or reported and that the conditions remained satisfied at all times thereafter until information reported in one statement was replaced by information reported in a subsequently filed statement. Insurers are to satisfy requisite conditions at the time credit is first taken and shall maintain compliance at all times thereafter in which the credit is taken. The drafters believe the requirements to be perpetual, not periodic. © 2019 National Association of Insurance Commissioners 786-1 Credit for Reinsurance Model Regulation Section 5. Credit for Reinsurance—Accredited Reinsurers A. Pursuant to Section [cite state law equivalent of Section 2B of the Credit for Reinsurance Model Law (#785)] the commissioner shall allow credit for reinsurance ceded by a domestic insurer to an assuming insurer that is accredited as a reinsurer in this state as of the date on which statutory financial statement credit for reinsurance is claimed. An accredited reinsurer must: (1) File a properly executed Form AR-1 (attached as an exhibit to this regulation) as evidence of its submission to this state’s jurisdiction and to this state’s authority to examine its books and records; (2) File with the commissioner a certified copy of a certificate of authority or other acceptable evidence that it is licensed to transact insurance or reinsurance in at least one state, or, in the case of a U.S. branch of an alien assuming insurer, is entered through and licensed to transact insurance or reinsurance in at least one state; (3) File annually with the commissioner a copy of its annual statement filed with the insurance department of its state of domicile or, in the case of an alien assuming insurer, with the state through which it is entered and in which it is licensed to transact insurance or reinsurance, and a copy of its most recent audited financial statement; and (4) Maintain a surplus as regards policyholders in an amount not less than $20,000,000, or obtain the affirmative approval of the commissioner upon a finding that it has adequate financial capacity to meet its reinsurance obligations and is otherwise qualified to assume reinsurance from domestic insurers. B. If the commissioner determines that the assuming insurer has failed to meet or maintain any of these qualifications, the commissioner may upon written notice and opportunity for hearing, suspend or revoke the accreditation. Credit shall not be allowed a domestic ceding insurer under this section if the assuming insurer’s accreditation has been revoked by the commissioner, or if the reinsurance was ceded while the assuming insurer’s accreditation was under suspension by the commissioner. Section 6. Credit for Reinsurance—Reinsurer Domiciled in Another State A. Pursuant to Section [cite state law equivalent to Section 2C of the Credit for Reinsurance Model Law (#785)] the commissioner shall allow credit for reinsurance ceded by a domestic insurer to an assuming insurer that as of any date on which statutory financial statement credit for reinsurance is claimed: (1) Is domiciled in (or, in the case of a U.S. branch of an alien assuming insurer, is entered through) a state that employs standards regarding credit for reinsurance substantially similar to those applicable under the Act and this regulation; Drafting Note: This subsection is intended to apply to an assuming insurer domiciled in (or, in the case of the U.S. branch of an alien assuming insurer, entered through) another state only if the assuming insurer also is licensed in that state and is therefore subject to the application of the state’s credit for reinsurance standards as the result of the imposition of licensure requirements and also regulatory oversight and examination as a domiciliary company. (2) Maintains a surplus as regards policyholders in an amount not less than $20,000,000; and (3) Files a properly executed Form AR-1 with the commissioner as evidence of its submission to this state’s authority to examine its books and records. B. The provisions of this section relating to surplus as regards policyholders shall not apply to reinsurance ceded and assumed pursuant to pooling arrangements among insurers in the same holding company system. As used in this section, “substantially similar” standards means credit for reinsurance standards that the commissioner determines equal or exceed the standards of the Act and this regulation. 786-2 © 2019 National Association of Insurance Commissioners NAIC Model Laws, Regulations, Guidelines and Other Resources—Summer 2019 Section 7. Credit for Reinsurance—Reinsurers Maintaining Trust Funds A. Pursuant to Section [cite state law equivalent to Section 2D of the Credit for Reinsurance Model Law (#785)] the commissioner shall allow credit for reinsurance ceded by a domestic insurer to an assuming insurer which, as of any date on which statutory financial statement credit for reinsurance is claimed, and thereafter for so long as credit for reinsurance is claimed, maintains a trust fund in an amount prescribed below in a qualified U.S. financial institution as defined in Section [cite state law equivalent to Section 4B of the Credit for Reinsurance Model Law (#785)] of the Act, for the payment of the valid claims of its U.S. domiciled ceding insurers, their assigns and successors in interest. The assuming insurer shall report annually to the commissioner substantially the same information as that required to be reported on the National Association of Insurance Commissioners (NAIC) annual statement form by licensed insurers, to enable the commissioner to determine the sufficiency of the trust fund. B. The following requirements apply to the following categories of assuming insurer: (1) The trust fund for a single assuming insurer shall consist of funds in trust in an amount not less than the assuming insurer’s liabilities attributable to reinsurance ceded by U.S. domiciled insurers, and in addition, the assuming insurer shall maintain a trusteed surplus of not less than $20,000,000, except as provided in Paragraph (2) of this subsection. (2) At any time after the assuming insurer has permanently discontinued underwriting new business secured by the trust for at least three full years, the commissioner with principal regulatory oversight of the trust may authorize a reduction in the required trusteed surplus, but only after a finding, based on an assessment of the risk, that the new required surplus level is adequate for the protection of U.S. ceding insurers, policyholders and claimants in light of reasonably foreseeable adverse loss development. The risk assessment may involve an actuarial review, including an independent
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