LD 1192
pg. 8
Page 7 of 18 An Act to Update Insurance Financial Standards Page 9 of 18
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LR 1012
Item 1

 
C. Maintains a trust fund in a qualified United States
financial institution for the payment of the valid claims of
its United States policyholders and ceding insurers, their
assigns and successors in interest.

 
(1) The assuming insurer shall report annually to the
superintendent 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 superintendent
to determine the sufficiency of the trust fund.

 
(2) In the case of a single assuming insurer, the
trust must consist of a trusteed account representing
the assuming insurer's liabilities attributable to
business written in the reinsurance ceded by United
States ceding insurers and, in addition, include a
trusteed surplus of at least $20,000,000.

 
(3) In the case of a A group of incorporated insurers
under common administration that is under the
supervision of the Department of Trade and Industry of
the United Kingdom, may in the superintendent's
discretion secure its obligations with a pooled trust
fund if the group must have has an aggregate
policyholders' surplus of $10,000,000,000 and the has
continuously transacted insurance during the 3 years
preceding the period for which credit for reinsurance
is to be taken.__The trust must be in an amount equal
to the group's several liabilities attributable to
business written in the reinsurance ceded by United
States ceding insurers. In addition, the group shall
maintain a joint trusteed surplus of which at least
$100,000,000 is that must be held jointly for the
benefit of the United States ceding insurers of any
member of the group. Each member of the group shall
make available to the superintendent an annual
certification of the member's solvency by that member's
domiciliary regulator and the member's independent
public accountant. Each group member shall comply with
the filing requirements of subparagraph 1, submit to
the State's authority to examine the member's books and
records, and bear the expense of the examination.

 
(4) In the case of a A group including incorporated and
individual unincorporated underwriters, may secure its
obligations with a pooled trust fund if the trust must consist
consists of a trusteed account representing in an amount at least
equal to the group's liabilities attributable to business written
in the


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