Okla. Admin. Code § 365:25-7-63

Current through Vol. 41, No. 19, June 17, 2024

Section 365:25-7-63 - Credit for reinsurance - Accredited reinsurers

(a) Pursuant to Section 5122(C) of the Act, the Commissioner shall allow credit for reinsurance ceded by a domestic insurer to an assuming insurer which is accredited as a reinsurer in this state as of any date on which statutory financial credit for reinsurance is claimed. An accredited reinsurer is one which:

(1) Files a properly executed Form AR-1, as set forth in Appendix P of this Chapter, as evidence of its submission to this state's jurisdiction and to this state's authority to examine its books and records;

(2) Files with the Commissioner a certified copy of a certificate of authority or other acceptable evidence that it is licensed to transact insurance or reinsurance in at least one state, or, in the case of a United States branch of an alien assuming insurer, is entered through and licensed to transact insurance or reinsurance in at least one state;

(3) Files with the Commissioner, on or before March 1 of each year, a copy of its annual statement filed with the insurance department of its state of domicile or, in the case of an alien assuming insurer, with the state through which it is entered and in which it is licensed to transact insurance or reinsurance, and a copy of its most recent audited financial statement; and

(4) Maintains a surplus as regards policyholders in an amount not less than $20,000,000, or obtains the affirmative approval of the Commissioner upon a finding that it has adequate financial capacity to meet its reinsurance obligations and is otherwise qualified to assume reinsurance from domestic insurers.

(b) If the Commissioner determines that the assuming insurer has failed to meet or maintain any of these qualifications, the Commissioner may, upon written notice and hearing, suspend or revoke the accreditation. Credit shall not be allowed a domestic ceding insurer if the assuming insurer's accreditation has been revoked by the Commissioner, or if the reinsurance was ceded while the assuming insurer's accreditation was under suspension by the Commissioner.

Okla. Admin. Code § 365:25-7-63

Added at 9 Ok Reg 3971, eff 9-3-92 (emergency); Added at 10 Ok Reg 1487, eff 5-1-93; Amended at 17 Ok Reg 1690, eff 7-14-00; Amended at 19 Ok Reg 1310, eff 7-14-02

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/15/2017