Sunday, March 11, 2012

New York State Insurance - Insurance (STAT) Accounting: Admitted Assets, Non Admitted Assets, Loss or Claim Reserves, Valuation Reserves, and Unearned Premium Reserves.

Insurance is regulated at the State Level with specific Statutory (STAT) Accounting Guidlines prescribed at the state level. While the National Membership group is the NAIC and there is the FASB ASC correspondent to Insurance FASB ASC Industry Standards Topic 944 - Financial Services - Insurance for US GAAP guidance at the National level, and the related considerations of the Insurance product in the IRC and State and Local Tax Rules at the various product levels. Here we are just keying in on a few of the select elements of STAT Accounting in New York State Laws for Insurance.


As noted above, below are some Select Laws from New York State with Relevancy to Insurance Accounting and Financial Reporting under New York State Insurance Rules Article 13 - Assets and Deposits pertaining to STAT Accounting:




Admitted Assets:


§ 1301. Admitted assets. (a) In determining the financial condition of a domestic or foreign insurer or the United States branch of an alien insurer for the purposes of this chapter, there may be allowed as admitted assets of such insurer, unless otherwise specifically provided in this chapter, only the following assets owned by such insurer (1) Cash, including legal tender or the equivalent in any office of such insurer or in transit under its control and the true balance of any deposit in a solvent bank, trust company or thrift institution. (2) Investments acquired or held in accordance with the applicable provisions of this chapter, and the income due or accrued thereon subject to paragraphs three and four of this subsection as to dividends, interest, rents and accrued taxes paid. (3) Declared and unpaid dividends on shares, unless the amount has otherwise been allowed as an admitted asset. (4) Investment income due and accrued. Such amounts shall be assessed for collectibility. If it is probable that the investment income due and accrued balance is uncollectible, the amount shall be written off and shall be charged against investment income in the period such determination is made. Any remaining investment income due and accrued (i.e., amounts considered probable of collection) representing either (i) amounts that are over ninety days past due (generated by any invested asset except mortgage loans in default), or (ii) amounts otherwise designated as nonadmitted shall be considered nonadmitted. If a mortgage loan in default has interest one hundred eighty days past due that has been assessed as collectible, all interest shall be considered a nonadmitted asset. Such nonadmitted amounts shall be subject to continuing assessments of collectibility and, if determined to be uncollectible, a write-off shall be recorded in the period such determination is made. For purposes of this paragraph, "probable" shall mean that the future event or events are likely to occur. (5) Premium notes, policy loans and other policy assets and liens on policies, contracts or certificates of a life insurance company or fraternal benefit society, in an amount not exceeding the legal reserve and other policy liabilities carried on each individual contract; the net amount of uncollected and deferred premiums, considerations or assessments of a life insurance company or of a fraternal benefit society which carries the full mean tabular reserve liability; for a fraternal benefit society which does not carry such reserve liability, the net amount of uncollected premiums. (6) Premiums in course of collection, other than life insurance premiums, not more than ninety days past due, less commissions payable thereon. The foregoing limitation of ninety days shall not apply to: (i) premiums payable directly or indirectly by the United States government or any of its instrumentalities, (ii) reinsurance premiums payable by ceding insurers authorized to transact such business in this state, or (iii) reinsurance premiums payable which may be offset by amounts carried by the assuming insurer as liabilities for amounts due to the ceding insurer for unpaid losses or other mutual debts. However reinsurance premiums more than ninety days past due shall not be allowed in excess of ten per centum of the reinsurer's total admitted assets as shown on its most recent annual statement on file in the office of the superintendent pursuant to section three hundred seven of this chapter. (7) Instalment premiums, other than life insurance premiums, as prescribed by regulation. (8) Notes and like written obligations, not past due, taken for premiums other than life insurance premiums, on policies permitted to be issued on such basis, to the extent of the unearned premium reserves carried thereon except as otherwise prescribed by regulation.


(9) Reinsurance recoverable by a ceding insurer: (i) from  an  insurer   authorized  to  transact  such  business  in  this  state, except from a   captive insurance company licensed pursuant to the provisions of article   seventy of this chapter, in  the  full  amount  thereof;  (ii)  from  an   accredited  reinsurer,  as  defined  in  subsection  (a)  of section one   hundred  seven  of  this  chapter,  to  the  extent   allowed   by   the   superintendent  on  the  basis  of  the  insurer's  compliance  with the   conditions of any applicable regulation; or (iii) from an insurer not so authorized or accredited or from a captive  insurance  company  licensed pursuant  to  the  provisions  of article seventy of this chapter, in an   amount not exceeding the liabilities carried by the ceding  insurer  for amounts  withheld  under  a  reinsurance  treaty  with such unauthorized  insurer or captive insurance company licensed pursuant to the provisions of article seventy of this  chapter  as  security  for  the  payment  of obligations  thereunder if such funds are held subject to withdrawal by, and under the control of, the ceding insurer. Notwithstanding any other provision   of this chapter, the superintendent  may  by  regulation
 prescribe the conditions under which a ceding  insurer  may  be  allowed credit,  as  an  asset  or as a deduction from loss and unearned premium reserves, for reinsurance recoverable from an accredited  reinsurer,  an insurer  not  authorized  in  this  state or a captive insurance company licensed pursuant to the provisions of article seventy of this chapter.


(10) Amounts receivable by an assuming insurer for funds withheld by a  ceding insurer under a reinsurance treaty,  not  exceeding  the  amounts carried  by  such  assuming insurer as liabilities for unpaid losses and reserves under such contracts.


(11) Amounts receivable under a funding agreement issued  pursuant  to section three thousand two hundred twenty-two of this chapter.


(12)  Deposits or equities recoverable from underwriting associations, syndicates  and   reinsurance   funds,   or   from   suspended   banking institutions,  to  the extent deemed by the superintendent available for the payment of losses and claims and at values determined by him.


(13) (A) Electronic data processing apparatus  and  related  equipment constituting a data processing, record keeping, or accounting system and operating  system  software,  provided  that such assets shall be deemed admitted, subject to such regulations  as  may  be  promulgated  by  the superintendent in an amount not to exceed three percent of the insurer's capital  and surplus, or such other amount that the superintendent, in a regulation, determines to be appropriate in specified circumstances,  as required  to  be  shown  on  its  statutory  balance  sheet for its most recently filed statement with the superintendent adjusted to exclude any net positive goodwill, electronic data processing apparatus and  related equipment,  operating  system  software  and  net  deferred  tax assets, provided that electronic data processing apparatus and related equipment and operating system software shall be amortized over the lesser of  its useful  life  or  three  years.  Nonoperating  system  software shall be nonadmitted and depreciated over the lesser of its useful life  or  five  years.


(B)  Notwithstanding  the  provisions  of  subparagraph  (A)  of  this paragraph, until December thirty-first, two thousand eleven,  electronic data  processing  apparatus  and  related  equipment constituting a data processing, record keeping, or accounting system  and  operating  system software  of  article  forty-three  corporations  and  public health law article forty-four health maintenance organizations, integrated delivery systems, prepaid health service plans and  comprehensive  special  needs plans  may be allowed as admitted assets if the cost of each such system is fifty thousand dollars or more and provided that such cost  shall  be amortized  over  a  period  not  to  exceed ten years. Effective January first, two thousand twelve, the provisions of subparagraph (A)  of  this paragraph  shall  apply  to  article forty-three corporations and public health  law  article  forty-four   health   maintenance   organizations, integrated   delivery   systems,   prepaid   health  service  plans  and comprehensive special needs plans.


(14) Positive goodwill, provided  that  such  asset  shall  be  deemed admitted,  subject  to such limitations and conditions in regulations as may be promulgated by the superintendent in an amount not to exceed  ten percent  of the insurer's capital and surplus as required to be shown on its statutory balance sheet for its most recently filed  statement  with the  superintendent  adjusted  to  exclude  any  net  positive goodwill, electronic data processing apparatus and  related  equipment,  operating system  software  and net deferred tax assets, and provided further that such positive goodwill shall be amortized in full  over  the  period  in which  the  insurer benefits economically, not to exceed ten years. When negative goodwill exists, it shall be recorded as a contra-asset.


(15)  Amounts  payable  to  the  insurer  from  the  property/casualty insurance  security  fund on behalf of insureds with medical malpractice insurance claims-made policies pursuant to subparagraph (G) of paragraph one of subsection (a) of section seven thousand  six  hundred  three  of  this chapter.


(16)  Gross  deferred  tax  assets, provided that such assets shall be deemed admitted to the extent provided by regulations promulgated by the superintendent in an amount not to exceed the sum of:
(A) federal income taxes paid in prior years  that  can  be  recovered through  loss carrybacks for existing temporary differences that reverse by the end of the subsequent calendar year; (B) the lesser of:  (i) the amount of gross deferred tax assets after the  application  of  subparagraph  (A)  of  this paragraph expected to be realized within one  year of the balance sheet date; or  (ii) ten percent of the insurer's statutory  capital  and  surplus  as required  to  be  shown  on  its  statutory  balance  sheet for its most recently filed statement with the superintendent adjusted to exclude any net positive goodwill, electronic data processing apparatus and  related equipment, operating system software and net deferred tax assets; and (C)  the  amount  of  gross  deferred  tax assets after application of subparagraphs (A) and (B) of this paragraph that can be  offset  against existing gross deferred tax liabilities.


(17)  Other  assets,  not  inconsistent with the foregoing provisions, deemed by the superintendent available for the  payment  of  losses  and claims, at values determined by the superintendent.


(18)  The superintendent may, be regulation, modify any requirement of this subsection to conform to any subsequent amendment to the accounting practices and procedures manual as adopted from  time  to  time  by  the national association of insurance commissioners. (b)  Admitted  assets  may be allowed as deductions from corresponding liabilities, liabilities may be charged as deductions from  assets,  and deductions from assets may be charged as liabilities, in accordance with the form of annual statement applicable to such insurer as prescribed by the superintendent, or otherwise in his discretion. (c)  The superintendent may by regulation prescribe the application of the provisions of this section.


Assets Non-Admitted:


§ 1302. Assets not admitted. (a) In addition to assets not admitted pursuant to section one thousand three hundred one of this article, the following shall not be allowed as admitted assets of a domestic or foreign insurer or the United States branch of an alien insurer in any determination of its financial condition: (1) Trade names, agency plants and other like intangible assets. (2) Prepaid or deferred charges for expenses except as provided in paragraph sixteen of subsection (a) of section one thousand three hundred one of this article, and commissions paid by the insurer. (3) Advances to officers (except policy loans), whether secured or not, and advances to employees, agents and other persons on personal security only. (4) Shares of such insurer, owned by it, or any equity therein or loans secured thereby, or any proportionate interest in such shares through the ownership by such insurer of an interest in another firm, corporation or business unit. (5) Tangible personal property, fixtures and printed matter except such as an insurer is permitted to hold pursuant to paragraph five of subsection (a) of section one thousand four hundred four of this chapter. (6) Items of bank credits representing checks, drafts or notes returned unpaid after the date of statement. (7) The amount, if any, by which the aggregate book value of investments as carried in the ledger assets of such insurer exceeds the aggregate value thereof as determined in accordance with the provisions of this chapter. (b) All non-admitted assets and all other assets of doubtful value or character included as ledger or non-ledger assets in any statement by an insurer to the superintendent, or in any examiner's report to him, shall also be reported, to the extent of the value disallowed, as deductions from the gross assets of such insurer except where the superintendent permits a reserve to be carried among the liabilities of such insurer in lieu of any such deduction.


Loss or Claim Reserves:


§ 1303. Loss or claim reserves. Every insurer shall, except as
provided in section one thousand three hundred four of this article and
subject to specific provisions of this chapter, maintain reserves in an
amount estimated in the aggregate to provide for the payment of all
losses or claims incurred on or prior to the date of statement, whether
reported or unreported, which are unpaid as of such date and for which
such insurer may be liable, and also reserves in an amount estimated to
provide for the expenses of adjustment or settlement of such losses or
claims.



Valuation Reserves:


§ 1304. Valuation reserves. Every insurer authorized under this chapter to transact the kinds of insurance specified in paragraph one, two or three of subsection (a) of section one thousand one hundred thirteen of this chapter shall, subject to specific provisions of this chapter, maintain: (a) reserves on all of its life insurance policies or certificates and annuity contracts in force, computed according to the applicable tables of mortality and rates of interest prescribed in this chapter; (b) reserves for disability benefits, including reserves for disabled lives whether reported or unreported, and for accidental death benefits; and (c) any additional reserves prescribed by the superintendent as necessary on account of such insurer's policies, certificates and contracts.


Unearned Premium Reserves:


§ 1305. Unearned premium reserves. (a) Every authorized insurer shall, except as to reserves required under section one thousand three hundred four of this article and subject to paragraph nine of subsection (a) of section one thousand three hundred one of this article and other specific provisions of this chapter, maintain reserves equal to the unearned portions of the gross premiums charged on unexpired or unterminated risks and policies. (b) (1) No deductions may be made from the gross premiums in force except for original premiums cancelled on risks terminated or reduced before expiration, or except for premiums paid or credited for risks reinsured with other solvent assuming insurers authorized to transact such business in this state. (2) Premiums charged for bulk or portfolio reinsurances assumed from other insurers shall be included as premiums in force on the basis of the original premiums and the original terms of the policies of the ceding insurer. (3) Reinsurance ceded to such an authorized assuming insurer may be deducted on the basis of original premiums and original terms except in the case of excess loss or catastrophe reinsurance which may be deducted only on the basis of actual reinsurance premiums and actual reinsurance terms. (c) (1) The liability for unearned premiums may be computed on the annual pro rata fraction basis applicable to the date of statement as prescribed by the superintendent. (2) If the annual pro rata fractions do not produce an adequate reserve, the superintendent may, in his discretion, require an insurer to calculate its unearned premium reserve upon the monthly pro rata fractional basis or, if necessary, on each respective risk from the date of the issuance of the policy, and as to premiums covering indefinite terms he may prescribe special regulations. (3) As to marine insurance, premiums on trip risks not terminated shall be deemed unearned and the superintendent may require a reserve to be carried thereon equal to one hundred percent of the premiums on trip risks written during the month ended as of the date of statement. (4) At least ninety percent of the gross amount of premium deposits on perpetual fire insurance risks shall be charged as a liability. (5) As to title insurance, unearned premium reserves shall be computed and maintained only as required by subsection (a) of section six thousand four hundred five of this chapter.


As of Read Date 3/11/12 - ALL NYS Insurance Rules are subject to change and update and you MUST confirm as filing or relying. The Industry is regulated at the various State Levels and in NYS by the newly consolidated
New York Financial Services Department .





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