Wis. Admin. Code Office of the Commissioner of Insurance Ins 6.31

Current through May 28, 2024

Section Ins 6.31 - Interpretations of the instructions for uniform classifications of expenses of fire and marine and casualty and surety insurers

(1) PURPOSE.

(a) This rule is intended to implement and interpret uniform accounting instructions in s. Ins 6.30.

1. The following kinds of expense shall be allocated to indicated operating expense classifications.

Kind of Expense		Allocation to Operating Expense Classification
a.	Payments, based on a percentage of premiums or losses, to independent claim adjusters where none of the activities of the payees are concerned with the production of business ----------	Claim Adjustment Services
b.	Payments, based on a percentage of premiums or losses, to independent attorneys-at-law for investigation, adjustment and settlement of claims where none of the activities of the payees are concerned with the production of business ---------- -----------------------	Claim Adjustment Services
c.	Cost of cafeteria equipment -----------------------	Equipment
d.	Salaries paid in connection with the operation of a company cafeteria -----------	Salaries
e.	Cost of food used in company cafeteria ----------- ----------------------- -----------------------	Employee Relations and Welfare
f.	Cost of food license fees in connection with the operation of a company cafeteria ----- ----------------------- -----------------------	Employee Relations and Welfare
g.	Cost of telephone directory listings ------------	Postage, Telephone and Telegraph, Exchange and Express
h.	Fees paid in connection with stockholders' meetings, such as fees to tellers and inspectors of elections -----------	Legal and Auditing
i.	Payment to an independent efficiency engineer for an inside on-the-job analysis of a company's operations and procedures --------- -----------------------	Legal and Auditing
j.	Cost of credit reports on agents --------------	Surveys and Underwriting Reports
k.	Payment made in settlement of damage suit brought by an agent because of the termination of contract ------------ -----------------------	Miscellaneous
L.	Premium for group life insurance coverage of janitor, in connection with company owned real estate ----------	Real Estate Expenses
m.	Cost of pensions, in connection with company owned real estate ------------ -----------------------	Real Estate Expenses
n.	Service fees for servicing real estate owned ---------- --------------------------- ---------------------------	Real Estate Expenses
o.	Service fees for servicing of mortgages held -------- --------------------------- ---------------------------	Legal and Auditing
p.	Cost of policy typing service, when such service is rendered by outside personnel (contract typists) ------- ---------------------------	Miscellaneous
q.	Cost of "outside" special assistance employed by a company for the purpose of changing its filing system from a numerical arrangement to a digit system --------	Legal and Auditing

a. When contingent commission payments are large in number and small in average amount, a method of allocation based on the over-all profit in each line of business should yield reasonably correct allocations.

b. Company-owned automobiles and equipment may be depreciated on a 100% basis.

c. A company may carry company-owned automobiles and equipment as an asset (non-admitted) and deduct depreciation each year.

d. Handling of certain filing charges: Where a company sells a policy to a long haul firm and that firm requests that the insuring company make a "filing" with a State Commerce Commission in a state in which it is not licensed and another insurance company on behalf of the first insurance company actually issues the policy and makes the required filing, charging a nominal fee for the transaction, the company receiving the fee should credit it to "Direct Premiums" and the company paying the fee should charge it to "Direct Premiums."

3. The following kind of expense shall be allocated to the indicated expense group:

Kind of Expense	Allocation to Expense Group
All expenses includable in Taxes, Licenses and Fees	Taxes, licenses and fees applicable solely to investments should be allocated to the expense group, Investment Expenses. All other taxes, licenses and fees should be allocated to the expense group, Taxes.

4. When commission on reinsurance is on a "sliding scale" or "guaranteed profit" basis both the tentative commission and any adjustments brought about by the "sliding scale" or "guaranteed profit" provisions should be allocated to Commission and Brokerage-Reinsurance Assumed or Commission and Brokerage-Reinsurance Ceded.

Note: To make clear the meaning of "sliding scale" and "guaranteed profits" the following is submitted:

SLIDING SCALE CONTRACTS

Most of these contracts provide for a flat commission ranging from about 30% to 37 1/2%, paid on a written basis. Additional profit commissions are paid at a later date on an earned basis as specified by a formula embodied in the contract. These profit commissions are paid as the result of savings in the loss ratio. A common provision is that 1/2% profit commission shall be paid for each 1% saving in the loss ratio. Sometimes a portion of the scale may provide for a "1 for 1" profit commission, i.e., a full 1% profit commission for each 1% saving in the loss ratio.

For example, a contract may provide for a flat commission of 35%, with a "1/2 for 1" profit commission to be paid the ceding company for any saving in the loss ratio under 55%, until the profit commission reaches 10%, or a total commission of 45%.

Some contracts provide for a possible "return commission." In the preceding example, if the loss ratio should exceed the breaking point of 55%, then the ceding company might have to pay a return commission to the reinsurer on a "1/2 for 1" basis until return commissions of, say, 5% have been returned, thus reducing the ultimate net commission from 35% to 30%. If the loss ratio should run under 35% or exceed 65%, then such saving or loss would ordinarily be carried forward to the computation for the following year.

GUARANTEED PROFIT CONTRACTS

The most common form of "surplus aid" is the "guaranteed profit" contract. Its principal characteristic is that it transfers unearned premium reserve from the ceding company to the reinsurer and results in an immediate increase in the ceding company's surplus by the amount of the tentative commissions received, but because all such tentative commissions are subject to return to the reinsurer, does not actually relieve the ceding company of risk. The ceding company still remains exposed to the same risk as before. It is in the position of paying 2% to 5% of the ceded premiums to induce a reinsurer to sign a contract which has no ultimate effect other than to reduce its surplus by 2% to 5% of these premiums.

Guaranteed profit contracts are often written in a form similar to a quota share or portfolio of reinsurance contract, or a combination of both. The tentative commission is ordinarily 45% or 50%. The reinsurer's fee is generally 2%, 3%, or 5% of the amount ceded. Most quota-share type contracts are subject to monthly reporting and settlements. The contract usually provides for additional commissions to be increased by 1% for each 1% decrease in the loss ratio, and return commissions on the basis of 1% for each 1% increase in the loss ratio. An example follows:

Commissions ------------	45%
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Fee for reinsurer ----------	3%
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Loss ratio "breaking point" ----------	52%
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Total original premium --	100%
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In a situation similar to the one illustrated, the ceding company pays to the reinsurer the gross reinsurance premiums less 45% commissions, or a net 55%. As losses are determined they are paid by the reinsurer until the ceding company has received back from the reinsurer losses recovered in an aggregate amount equal to 52% of the original premiums ceded (55% less 3%). Any additional losses are immediately charged back to the ceding company as "return commissions" on a "1 for 1" basis. On the other hand, any saving under 52% is returned to the ceding company in the form of additional commissions. The ultimate effect on the ceding company is the loss of 3% of its ceded premiums. The ceding company actually carries its own full risk throughout the entire period with respect to its gross business.)

5. Salvage and subrogation may be allocated as follows:

a. Where attention is given to salvage or subrogation matters at the same time as the adjustment of the loss is proceeding, no attempt will be made to allocate any portion of the adjuster's time to salvage (or subrogation) expense.

b. Where the salvage or subrogation activity follows the adjustment of the loss such additional time as may be required will be treated as salvage expense.

c. Any items of outside service such as advertising, expenses of outside organizations or rewards where paid by and billed to the company will be treated as salvage expense.

d. Cost of recovering stolen goods incurred by and billed to the company will be treated as salvage expense.

e. Where salvage is handled by outside agencies and their billing is made directly to the company, sufficient information should be given for proper classification of the related expenses.

f. It is understood that the classification of expenses as salvage expense is not dependent upon any salvage recovery.

a. The following employee activities should be allocated to expense groups on the basis of the purposes for which the tabulating, listing, filing or other jobs were performed: Cutting and verifying punched cards, sorting and tabulating punched cards, maintaining punched card files, and supervision thereof.

b. The salaries of the employees in service units, such as the following, providing services to other employees may be allocated to expense groups as overhead on the salaries of employees in all other departments except executive officers: Mailroom, Personnel, First aid, Telephone operation, Office maintenance and Receptionists.

c. If an appreciable part of the time of employees handling purchases and supplies is devoted to furnishing supplies to agents, such salaries may be allocated to expense groups on the basis of a time estimate. Allocate to General Expenses that part of the time spent in working on supplies for agents; allocate remainder as Overhead on Salaries of employees in all other departments except executives.

d. When files are maintained and serviced in a separate department or at a central location, the salaries of employees engaged in this activity may be allocated to expense groups on the basis of a time estimate. That portion of time spent on policy files (daily reports, applications, endorsements, etc.) and that portion of time spent on general correspondence files may be allocated to General Expenses; that portion of time spent on active claim files may be allocated to Loss Adjustment Expenses; that portion of time on inactive claim files (dead files) may be allocated to General Expenses.

e. When a central abstract department is maintained for the mechanical reproduction of premium abstracts and claim abstracts for use by other departments, the salaries of these employees may be charged on the basis of a time estimate. That portion of time spent on claim abstracts may be allocated to Loss Adjustment Expenses and that portion of time spent on premium abstracts to General Expenses.

f. If a company maintains a general accounting unit and a cashier's unit (the duties of which include keeping the general ledger, general journal and general cash books) and no apportionment to Investment Expenses, to Loss Adjustment Expenses, or to Acquisition, Field Supervision and Collection Expenses is possible, except by using a rough estimation which is little better than a guess, the company may allocate the total expenses of these units to General Expenses in view of the impossibility of making reasonably accurate apportionments to expense groups.

7. If the salary of a non-supervisory employee predominantly pertains to the activities of one expense group, the whole of such salary may be allocated to that expense group.

(Note: By this interpretation, many salaries may be allocated directly and without fractional apportionment. As examples: a branch office or home office employee who is primarily concerned with the collection of premiums may be allocated wholly to Acquisition, Field Supervision and Collection Expenses, even though a lesser part of the activities may pertain to General Expenses; a branch office or home office underwriter who is primarily concerned with the acceptability of risks, net retentions, quoting of rates, etc., may be allocated wholly to General Expenses, although he or she may also engage, in a lesser extent, in production work, pertaining to Acquisition. Field Supervision and Collection Expenses; a special agent working on the development and maintenance of the sales field may be allocated wholly to Acquisition, Field Supervision and Collection Expenses, although he or she may also be concerned, to a lesser extent, in the adjustment of losses; key punch and tabulating machine operators, whose work is primarily statistical, may be allocated wholly to General Expenses, although the cards and tabulations may be used to some extent in collection and loss adjustment activities.)

8. The following describes an acceptable method of allocating to expense groups and lines of business the salaries of employees engaged in administrative and/or supervisor activities:

a. Salaries of executive heads, such as the president of a company, the chairperson of a company's board, and their secretaries, ordinarily should be distributed to expense groups and lines of business as an Overhead on Salaries of supervised personnel, after an apportionment to Investment Expenses. If any other methods are used, the allocations must be supported by detailed analyses of activities.

b. Salaries of other executive officers, department heads and supervisors ordinarily should be allocated on the basis of a study of time spent on the affairs of each of the departments or units supervised and then these salaries should be allocated to expense groups and lines of business as Overhead on Salaries of the employees in the respective departments or units. If any other methods are used, the allocations must be supported by detailed analyses of activities.

9. Includable in the operating expense classification, Boards, Bureaus and Associations, are the following: "Dues, assessments, fees and charges of:...underwriting syndicates, pools and associations such as Factory Insurance Association, Oil Insurance Association, assigned risk plans (except Commission and Brokerage; Claim Adjustment Services; and Taxes, Licenses and Fees);..."

The foregoing instruction is applicable to all assigned risk plans and to the following syndicates, pools and associations:

American Cargo War Risk Reinsurance Exchange

American Foreign Insurance Association

American Marine Hull Syndicate

American Marine Insurance Syndicate of Insurance of Builders Risks

American Negative Film Syndicate

American Reinsurance Exchange

Associated Aviation Underwriters

Burlap Reinsurance Exchange

Coastwise, Great Lakes & Inland Hull Assn.

The Cotton Insurance Association

Cotton Marine Reinsurance Agreement

Eastern Intercoastal Cargo Reinsurance

Exchange Excess of Loss Association

Excise Bond Underwriters

Export Automobile Reinsurance Exchange

Factory Insurance Association

Furriers Customers' Reinsurance Syndicate

General Cover Underwriters Assn.

The Great Lakes Underwriting Syndicate

Inland Marine Reinsurance Assn.

Inland Marine Syndicate, Inc.

Inland Waterways Insurance Assn.

Lake P. & I. Reinsurance Agreement

Livestock Insurance Office

Logging Underwriting & Inspection Association

Multiple Location Service Office

Mutual Corporation Inter-Reinsurance Fund

Oil Insurance Association

Railroad Insurance Association

Railway Underwriters

Registered Mail Central Bureau

Reinsurance Clearing House

Reinsurance Exchange

Southern Reinsurance Exchange

Stock Companies Association

The Tugboat Underwriting Syndicate

Underwriters Grain Association

Underwriters Service Association

10. Dues or assessments of organizations includable in Boards, Bureaus and Associations, or in Surveys and Underwriting Reports, directly related to loss work are properly chargeable to the expense group, Loss Adjustment Expenses.

Wis. Admin. Code Office of the Commissioner of Insurance Ins 6.31

Cr. Register, July, 1959, No. 43, eff. 8-1-59.