N.Y. Comp. Codes R. & Regs. tit. 11 § 108.3

Current through Register Vol. 46, No. 50, December 11, 2024

Section 108.3 - Allocation of expenses to primary lines of business

(a) The allocation of expenses to lines of business shall be by expense groups. Each classification of expense within each expense group shall be allocated separately to lines of business on the bases of allocation prescribed as follows. All bases employed in such allocations shall be applicable and appropriate to the expense group of which such expense is a part.

Example:

Expenses which are allocated to lines of business as an overhead on salaries shall be calculated in relation only to the salaries included in the same expense group.

Expenses included in the expense group, loss adjustment expenses	Bases of allocation to lines of business
Claim adjustment services:
Direct	Actual
Reinsurance assumed	Actual
Reinsurance ceded	Actual
Commission and brokerage-direct	See commission and allowances (section 107.3[c][2] of this Title)
Allowances to managers and agents	See commission and allowances (section 107.3[c][2] of this Title)
Salaries	See special instructions relating to the allocation of salaries and other expenses (Part 109 of this Title)
Employee relations and welfare	Overhead on salaries
Pensions	Overhead on salaries
Directors' fees	Overhead on salaries
Travel and travel items	Special studies
Rent and rent items	Overhead on salaries
Equipment	Overhead on salaries
Printing and stationery	Overhead on salaries
Postage, telephone and telegraph, exchange and express	Overhead on salaries
Legal and auditing	Special studies
Income from special services	Special studies
Miscellaneous	Special studies
Expenses included in the expense group, acquisition, field supervision and collection expenses	Bases of allocation to lines of business
Commission and brokerage:
Direct	Actual, but subject to instructions under commission and allowances (section 107.3[c][2] of this Title)
Reinsurance assumed	Actual
Reinsurance ceded	Actual
Contingent-net	Special studies
Policy and membership	Actual
Allowances to managers and agents	Special studies, but subject to instructions under commission and allowances (section 107.3[c][2] of this Title)
Advertising	Premiums
Salaries	See special instructions relating to the allocation of salaries and other expenses (Part 109 of this Title)
Employee relations and welfare	Overhead on salaries
Pensions	Overhead on salaries
Directors' fees	Overhead on salaries
Travel and travel items	Special studies
Rent and rent items	Overhead on salaries
Equipment	Overhead on salaries
Printing and stationery	Overhead on salaries
Postage, telephone and telegraph, exchange and express	Overhead on salaries
Legal and auditing	Special studies
Income from special services	Special studies
Miscellaneous	Special studies
Expenses included in the expense group, general expenses	Bases of allocation to lines of business
Commission and brokerage-direct	See commission and allowances (section 107.3[c][2] of this Title)
Allowances to managers and agents	See commission and allowances (section 107.3[c][2] of this Title)
Boards, bureaus an associations	Special studies
Surveys and underwriting reports	Special studies
Audit of assurance records	Special studies
Salaries	See special instructions relating to the allocation of salaries and other expenses (Part 109 of this Title)
Employee relations and welfare	Overhead on salaries
Pensions	Overhead on salaries
Directors' fees	Overhead on salaries
Travel and travel items	Special studies
Rent and rent items	Overhead on salaries
Equipment	Overhead on salaries
Printing and stationery	Overhead on salaries
Postage, telephone and telegraph, exchange and express	Overhead on salaries
Legal and auditing	Special studies
Income from special services	Special studies
Miscellaneous	Special studies
Expenses included in the expense group, taxes	Bases of allocation to lines of business
Taxes, licenses and fees:
State and local insurance taxes	Special studies
Insurance Dept. licenses and fees	Special studies
Payroll taxes	Overhead on salaries
All other (excluding federal income and real estate)	Special studies

(b)Definitions.

(1) The term actual means that the expenses are susceptible of direct and accurate allocation, and companies shall allocate directly to lines of business and shall not employ any apportionments or estimations.

(2) For definitions of the terms special studies, premiums and overhead on salaries, see section 106.3, supra.

(c)Other bases permitted or prescribed.

For these expense classifications permitting the basis "overhead on salaries or premiums," any other basis of allocation may be adopted which yields more accurate results. The bases "overhead on salaries and premiums" shall not be used if clearly inappropriate.

(d)Other instructions applicable.

In making any allocations to lines of business, companies shall observe the general instructions regarding allocation bases (see section 109.3, infra.)

(e)Records required.

(1) The methods followed in allocating to lines of business shall be described, kept and supported as set forth under detail of allocation bases (see section 109.4[g], infra.)

(2) The effects of the application to each operating expense classification of all bases of allocation shall be shown on records kept in clear and legible form. Such records shall be readily available for examination.

N.Y. Comp. Codes R. & Regs. Tit. 11 § 108.3