Property/Casualty Insurance Security Fund

Circular Letter No. 5 (2004) August 18, 2004 TO: ALL PROPERTY/CASUALTY INSURANCE COMPANIES; CO-OPERATIVE PROPERTY/CASUALTY INSURANCE COMPANIES; RECIPROCAL INSURERS; FINANCIAL GUARANTY INSURANCE CORPORATIONS; AND NEW YORK MEDICAL MALPRACTICE INSURANCE PLAN RE: PROPERTY/CASUALTY INSURANCE SECURITY FUND STATUTORY REFERENCE:  INSURANCE LAW SECTIONS 7603 AND 7606 Calculations made in accordance with the requirements of Sections 7603 and 7606 of the New York Insurance Law indicate that the net value of the Property/Casualty Insurance Security Fund as of December 31, 2003 was greater than $150 million. In accordance with Section 7603(c)(1), additional contributions are due after the determination that the net value is greater than $150 million. The first and second payments will be due on or before September 24, 2004; the third and fourth payments will be due on November 15, 2004 and February 15, 2005 respectively. The required report forms, additional information and instructions will follow both in hard copy and on the Department's website. In view of the issue date of this Circular Letter, the late payment provisions of Section 7614 will not be imposed on an insurer unable to meet the September 24, 2004 due date. However, returns for the first and second quarters received after October 8, 2004 will be subject to the foregoing penalty provisions. Such insurer must submit a reasonable explanation for the delay. During the fund year ending December 31, 2003, payments were made from the Property/Casualty Insurance Security Fund for various kinds of insurance as defined in Insurance Law Section 1113. Accordingly, contributions to the Property/Casualty Insurance Security Fund shall be continued on the basis of "net direct written premiums" on policies insuring property or risks located or resident in this state for each of the following Lines of Business as listed on Page 26 (New York Business) of the Annual Statement. "Net direct written premiums" equals column 1 minus column 3 on Page 26.The premiums and dividends in column 1 and 3 respectively shall be adjusted to account for premiums subject to contributions to the Public Motor Vehicle Liability Security Fund. The contributions shall be made on a quarterly basis by multiplying the factor listed by the 2004 quarterly net direct written premium to which it applies. Annual Statement Line Applicable Factor 1. Fire .0003 2.1 Allied lines .0003 2.2 Multiple peril crop .0000 2.3 Federal flood .0003 3. Farmowners multiple peril .0011 4. Homeowners multiple peril .0015 5.1 Commercial multiple peril (non liability portion) .0003 5.2 Commercial multiple peril (liability portion) .0067 6. Mortgage Guaranty .0000 8. Ocean marine .0000 9. Inland marine .0002 10. Financial guaranty .0000 11. Medical malpractice .0067 12. Earthquake .0003 13. Accident & Health .0000 16. Workers’ Compensation xxxx 17. Other liability .0067 18. Product liability .0067 19.1 Private passenger auto no-fault (PIP) .0067 19.2 Other private passenger auto liability .0067 19.3 Commercial auto no-fault (PIP) .0067 19.4 Other commercial auto liability .0067 21.1 Private passenger auto physical damage .0002 21.2 Commercial auto physical damage .0002 22. Aircraft (all perils) .0041 23. Fidelity .0056 24. Surety .0056 26. Burglary and theft .0003 27. Boiler and machinery .0000 28. Credit .0000 Pursuant to regulations of the Federal Crop Insurance Corporation (7 CFR Part 400, subpart L), Multiple Peril Crop Insurance premiums on policies reinsured by the Federal Crop Insurance Corporation under its Standard Reinsurance Agreement continue to be exempt from contribution. Please acknowledge receipt of this letter and refer any questions to: Ms. Janice L. Semanek Director of Taxes and Accounts New York State Insurance Department One Commerce Plaza Albany, NY 12257 Very truly yours, __________________________ Gregory V. Serio Superintendent of Insurance