18 Del. Admin. Code § 301-2.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 301-2.0 - Purpose and Scope

2.1 The purpose of this regulation is to improve the Delaware Insurance Department's surveillance of the financial condition of insurers by requiring an annual audit of financial statements reporting the financial position and the results of operations of insurers by independent certified public accountants, Communication of Internal Control Related Matters Noted in an Audit, and Management's Report of Internal Control over Financial Reporting.

2.2 Every insurer (as defined in Section 3.0) shall be subject to this regulation. Insurers, and their affiliates in the same group, having direct premiums written in this State of less than $1,000,000 in any calendar year and less than 1,000 policyholders or certificate holders of direct written policies nationwide at the end of the calendar year shall be exempt from this regulation for the year (unless the Commissioner makes a specific finding that compliance is necessary for the Commissioner to carry out statutory responsibilities) except that insurers having assumed premiums pursuant to contracts and/or treaties of reinsurance of $1,000,000 or more will not be so exempt.

2.3 Foreign or alien insurers filing the Audited Financial Report in another state, pursuant to that state's requirement for filing of audited financial reports, which has been found by the Commissioner to be substantially similar to the requirements herein, are exempt from Sections 4.0 through 13.0 of this regulation if:

2.3.1 A copy of the audited financial report, Communication of Internal Control Related Matters Noted in an Audit, and the Accountant's Letter of Qualifications that are filed with the other state are filed with the Commissioner in accordance with the filing dates specified in Sections 4.0, 11.0 and 12.0, respectively (Canadian insurers may submit accountants' reports as filed with the Office of the Superintendent of Financial Institutions, Canada).

2.3.2 A copy of any Notification of Adverse Financial Condition Report filed with the other state is filed with the Commissioner within the time specified in Section 10.0.

2.4 Foreign or alien insurers required to file Management's Report of Internal Control over Financial Reporting in another state are exempt from filing the Report in this state provided the other state has substantially similar reporting requirements and the Report is filed with the commissioner of the other state within the time specified.

2.5 This regulation shall not prohibit, preclude or in any way limit the Commissioner from ordering or conducting or performing examinations of insurers under the rules and regulations of the Delaware Department of Insurance and the practices and procedures of the Delaware Department of Insurance.

18 Del. Admin. Code § 301-2.0

21 DE Reg. 441 (11/1/2017) (Final)