Sec. 38a-85. Credit allowed a domestic ceding insurer. Requirements re filing of annual reports and financial statements.
Sec. 38a-85. Credit allowed a domestic ceding insurer. Requirements re filing
of annual reports and financial statements. (a) Credit for reinsurance shall be 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 subsection (b), (c),
(d), (e) or (f) of this section. If credit is allowed on the basis of meeting the requirements of
subsection (d) or (e) of this section, the requirements of subsection (g) of this section
shall also be met.
(b) Credit shall be allowed when the reinsurance is ceded to an assuming insurer
which is licensed to transact insurance or reinsurance in this state.
(c) (1) Credit shall be allowed when the reinsurance is ceded to an assuming insurer
which is accredited as a reinsurer in this state. No credit shall be allowed a domestic
ceding insurer, if the assuming insurers' accreditation has been revoked by the commissioner after notice and hearing. An accredited reinsurer is one that (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, and (D) 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 (i) 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 (ii) maintains a surplus as regards policyholders in an amount less than twenty
million dollars and whose accreditation has been approved by the commissioner.
(2) Each accredited reinsurer doing business in this state shall, annually, on or before
the first day of March, submit to the commissioner, by electronically filing with the
National Association of Insurance Commissioners, a true and complete report, signed
and sworn to by its president or a vice president, and secretary or an assistant secretary,
of its financial condition on the thirty-first day of December next preceding, prepared in
accordance with the National Association of Insurance Commissioners annual statement
instructions handbook and following those accounting procedures and practices prescribed by the National Association of Insurance Commissioners accounting practices
and procedures manual, subject to any deviations in form and detail as may be prescribed
by the commissioner. An electronically filed report in accordance with section 38a-53a
that is timely submitted to the National Association of Insurance Commissioners is
deemed to have been submitted to the commissioner in accordance with this subdivision.
(d) Credit shall 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 in this state and the assuming
insurer or United States branch of an alien assuming insurer (1) maintains a surplus as
regards policyholders in an amount not less than twenty million dollars and (2) submits
to the authority of this state to examine its books and records. The requirement of subdivision (1) of this subsection does not apply to reinsurance ceded and assumed pursuant
to pooling arrangements among insurers in the same holding company system.
(e) (1) Credit shall 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 (b) of section 38a-87, for the payment of the valid claims of its United
States policyholders and ceding insurers, their assigns and successors in interest. The
assuming insurer shall report annually to the commissioner information substantially
the same as that required to be reported on in 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 shall consist of a trusteed account representing the assuming insurer's
liabilities attributable to business written in the United States 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 shall 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 shall be held jointly for the benefit
of United States ceding insurers of any member of the group; the incorporated members
of the group shall not be engaged in any business other than underwriting as a member
of the group and shall be subject to the same level of solvency regulation and control
by the group's domiciliary regulator as are the unincorporated members; and the group
shall make available to the commissioner an annual certification of the solvency of each
underwriter by the group's domiciliary regulator and its independent public accountants.
(2) Such trust shall be established in a form approved by the commissioner. The
trust instrument shall provide that contested claims shall be valid and enforceable upon
the final order of any court of competent jurisdiction in the United States. The trust shall
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 shall be subject to examination as determined by the commissioner. The trust
described herein must remain in effect for as long as the assuming insurer shall have
outstanding obligations due under the reinsurance agreements subject to the trust.
(3) No later than the first day of March 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 end of the preceding year and shall certify the date of
termination of the trust, if so planned, or certify that the trust shall not expire prior to
the next following December thirty-first.
(4) Each assuming insurance company shall, on or before the first day of March,
submit to the commissioner, and electronically to the National Association of Insurance
Commissioners, a true and complete report, signed and sworn to by its president or a
vice president, and secretary or an assistant secretary, of its financial condition of the
trust on the thirty-first day of December next preceding, prepared in accordance with
the National Association of Insurance Commissioners annual statement instructions
handbook and following those accounting procedures and practices prescribed by the
National Association of Insurance Commissioners accounting practices and procedures
manual, subject to any deviations in form and detail as may be prescribed by the commissioner. An electronically filed report in accordance with section 38a-53a that is timely
submitted to the National Association of Insurance Commissioners does not exempt an
assuming insurance company from timely filing a true and complete paper copy with
the commissioner.
(f) Credit shall be allowed when the reinsurance is ceded to an assuming insurer
not meeting the requirements of subsection (b), (c), (d) or (e) of this section but only
with respect to the insurance of risks located in jurisdictions where such reinsurance is
required by applicable law or regulation of that jurisdiction.
(g) If the assuming insurer is not licensed or accredited to transact insurance or
reinsurance in this state, the credit permitted by subsections (d) and (e) of this section
shall not be allowed unless the assuming insurer agrees (1) that 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 (A) submit
to the jurisdiction of any court of competent jurisdiction in any state of the United States,
(B) comply with all requirements necessary to give such court jurisdiction, and (C) abide
by the final decision of such court or any appellate court in the event of an appeal, and
(2) 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.
(P.A. 90-41, S. 1, 6; P.A. 94-19; P.A. 08-147, S. 1.)
History: P.A. 94-19 added a reference in Subsec. (e)(1) to "incorporated groups" of underwriters and a requirement
that incorporated members of the group not be engaged in any business other than underwriting and subjecting such group
to the same level of solvency regulation and control as is exercised on unincorporated members; P.A. 08-147 designated
existing provisions in Subsec. (c) as Subsec. (c)(1) and made conforming changes therein, added Subsec. (c)(2) re accredited
reinsurers electronically filing a true and complete financial report, and added Subsec. (e)(4) re assuming insurers electronically filing with National Association of Insurance Commissioners, and filing of paper copy with commissioner, a true
and complete financial report.