Ala. Admin. Code r. 482-1-156-.10
Current through Register Vol. 43, No. 02, November 27, 2024
Section 482-1-156-.10 - Asset Or Reduction From Liability For Reinsurance Ceded To An Unauthorized Assuming Insurer Not Meeting The Requirements Of Rules 482-1-156-.04 Through 482-1-156-.09(1) Pursuant to Section 27-5B-14, the Commissioner shall allow a reduction from liability for reinsurance ceded by a domestic insurer to an assuming insurer not meeting the requirements of Sections 27-5B-4, 27-5B-5, 27-5B-6, 27-5B-7, 27-5B-8, 27-5B-8.1, 27-5B-9, 27-5B-10, or 27-5B-11, or other appropriate section of the Act in an amount not exceeding the liabilities carried by the ceding insurer. The reduction shall be in the amount of funds held by or on behalf of the ceding insurer, including funds held in trust for the exclusive benefit of the ceding insurer, under a reinsurance contract with such assuming insurer as security for the payment of obligations under the reinsurance contract. The security shall be held in the United States subject to withdrawal solely by, and under the exclusive control of, the ceding insurer, or, in the case of a trust, held in a qualified United States financial institution as defined in Section 27-5B-15. This security may be in the form of any of the following: (b) Securities listed by the Securities Valuation Office of the National Association of Insurance Commissioners, including those deemed exempt from filing as defined by the Purposes and Procedures Manual of the Securities Valuation Office, and qualifying as admitted assets.(c) Clean, irrevocable, unconditional and "evergreen" letters of credit issued or confirmed by a qualified United States institution, as defined in the Act, effective no later than December 31 of the year for which filing is being made, and in the possession of or in trust for the ceding insurer on or before the filing date of its annual statement. Letters of credit meeting applicable standards of issuer acceptability as of the dates of their issuance (or confirmation) shall, notwithstanding the issuing (or confirming) institution's subsequent failure to meet applicable standards of issuer acceptability, continue to be acceptable as security until their expiration, extension, renewal, modification or amendment, whichever first occurs.(d) Any other form of security acceptable to the Commissioner.(2) An admitted asset or a reduction from liability for reinsurance ceded to an unauthorized assuming insurer pursuant to this rule shall be allowed only when the requirements of Rule 482-1-156-.14 and the applicable portions of Rules 482-1-156-.11, 482-1-156-.12, or 482-1-156-.13 have been satisfied.Ala. Admin. Code r. 482-1-156-.10
New Rule: October 9, 2013; effective January 1, 2014. Filed with LRS October 9, 2013. Rule is not subject to the Alabama Administrative Procedure Act.Amended by Alabama Administrative Monthly Volume XXXIX, Issue No. 09, June 30, 2021, eff. 1/1/2022.Author: Commissioner of Insurance
Statutory Authority:Code of Ala. 1975, §§ 27-2-17, 27-5B-1, et seq.