LD 1192
pg. 9
Page 8 of 18 An Act to Update Insurance Financial Standards Page 10 of 18
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LR 1012
Item 1

 
reinsurance ceded by United States ceding insurers and,
in addition, include includes a trusteed surplus of at
least $100,000,000, which that must be held jointly for
the benefit of United States ceding insurers of any
member of the group. An incorporated member of the group
may not be engaged in any business other than
underwriting as a member of the group and is must be
subject to the same level of solvency regulation and
control by the group's domiciliary regulator as are the
unincorporated members. The group shall make available
to the superintendent an annual certification by the
group's domiciliary regulator and the independent public
accountants of the solvency of each underwriter. Within
90 days after its financial statements are due to be
filed with the group's domiciliary regulator, the group
shall provide to the superintendent an annual
certification by the group's domiciliary regulator of the
solvency of each underwriter member of the group or, if a
certification is unavailable, financial statements
prepared by independent public accountants.

 
(4-A)__The superintendent in rules adopted pursuant to
subsection 7 may establish alternative criteria for
approval of a reinsurance trust if the superintendent
determines that the criteria provide adequate
protection to policyholders of United States ceding
insurers and are in substantial conformance with
standards approved by the National Association of
Insurance Commissioners.

 
(5) The trust must be established in a form approved by the
superintendent and consistent with any rules adopted by the
superintendent pursuant to this section. The form of the trust
and any amendments to the trust must also have been approved by
the insurance regulatory official of the state where the trust is
domiciled or of another state that, pursuant to the terms of the
trust instrument, has accepted principal regulatory oversight of
the trust. The trust instrument must provide that contested
claims are 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 the benefit of the assuming insurer's United States
policyholders and ceding insurers, their assigns and successors
in interest. The trust and the assuming insurer are subject to
examination, as determined by the superintendent, at the assuming
insurer's expense. The trust must remain in effect for as long
as the assuming insurer has outstanding


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