NDAC 45-03-07.1-06
Asset or reduction from liability for reinsurance ceded to an unauthorized
Cite as N.D. Admin. Code ยง 45-03-07.1-06
assuming insurer not meeting the requirements of sections 45-03-07.1-01 through 45-03-07.1-05.
1.
Pursuant to North Dakota Century Code section 26.1-31.2-02, the commissioner shall allow a
reduction from liability for reinsurance ceded by a domestic insurer to an assuming insurer not
meeting the requirements of North Dakota Century Code section 26.1-31.2-01 in an amount
not exceeding the liabilities carried by the ceding insurer. The reduction must 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 the assuming insurer
as security for the payment of obligations under the reinsurance contract. The security must
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 subsection 2 of North Dakota Century Code section 26.1-31.2-03. This security
may be in the form of any of the following:
a.
Cash;
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 subsection 1 of North Dakota Century
Code section 26.1-31.2-03, effective no later than December thirty-first 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 occurs first;
or
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 section shall be allowed only when the requirements of
section 45-03-07.1-10 and the applicable portions of sections 45-03-07.1-07, 45-03-07.1-08,
or 45-03-07.1-09 have been satisfied.