83-15-9 - Reserve for unearned premiums and reinsurance.
§ 83-15-9. Reserve for unearned premiums and reinsurance.
A corporation created as provided in this chapter shall establish, segregate and maintain, in addition to the reserve for losses as provided in Section 83-15-7, a reserve for unearned premiums and reinsurance during the period hereinafter provided, which shall at all times and for all purposes be deemed and shall constitute unearned portions of the original premiums and shall be charged as a reserve liability of such corporation in determining its financial condition. The assets constituting the unearned premium reserve shall be withdrawn from the use by the corporation for its general purposes, shall be impressed with a trust for the benefit of the corporation's title insurance policyholders, and shall be available for reinsurance of title insurance policies in the event of the insolvency of the corporation. The income from such unearned premium reserve shall be included in the general income of the corporation and may be used by such corporation for any lawful corporate purposes. The unearned premium reserve of every corporation shall be cumulative and shall consist of:
(a) An amount equal to the unearned premium reserve previously required to be held pursuant to Section 83-15-9 as of March 4, 1977;
(b) The amount of all additions required to be made to such reserve by this section; and less
(c) The withdrawals from such reserve as required by this section.
On the last day of each month after March 4, 1977, each corporation shall add to its unearned premium reserve, with respect to each title insurance policy or contract or reinsurance agreement issued by it, a sum equal to ten percent (10%) of all premiums received during such month. The amounts set aside as additions to such unearned premium reserve shall be deducted in determining the net income of the corporation. Upon the expiration of one hundred eighty (180) months after the month of the issuance of each title insurance policy, contract or reinsurance agreement that portion of the assets of the unearned premium reserve attributable to said title insurance policy, contract or reinsurance agreement shall be released and withdrawn from said reserve, shall no longer constitute part of said reserve, shall be included in the income of the corporation, and may then be used by the corporation for any lawful corporate purposes.
Sources: Codes, 1892, § 2336; 1906, §§ 2588-2590; Hemingway's 1917, §§ 5052-5054; 1930, § 5164; 1942, § 5671; Laws, 1952, ch. 297; Laws, 1958, ch. 441; Laws, 1977, ch. 328, § 2, eff from and after passage (approved March 4, 1977).