SECTION 365:25-7-67. Asset or reduction from liability for reinsurance ceded to an unauthorized assuming insurer not meeting the requirements of 365:25-7-62 through 66 and 365:25-7-73

(a)   Pursuant to Section 5123, the Commissioner shall allow a reduction from liability for reinsurance ceded by a domestic insurer to an assuming insurer not meeting the requirements of Section 5122 in an amount not exceeding the liabilities carried by the ceding insurer. The reduction shall 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 such assuming insurer as security for the payment of obligations under the reinsurance contract. The security shall 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. This security may be in the form of any of the following:

(1)   Cash;

(2)   Securities listed by the Securities Valuation Office of the National Association of Insurance Commissioners and qualifying as admitted assets;

(3)   Clean, irrevocable, unconditional and "evergreen" letters of credit issued or confirmed by a qualified United States institution, as defined in Section 5123.1(A), effective no later than December 31 of the year for which filing is being made, and in the possession of, or in trust for, the ceding company 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 first occurs; or

(4)   Any other form of security acceptable to the Commissioner.

(b)   An admitted asset or a reduction from liability for reinsurance ceded to an unauthorized assuming insurer pursuant to 365:25-7-67(a)(1) and (2) shall be allowed only when the requirements of 365:25-7-68, 365:25-7-69 or 365:25-7-72 are met.

[Source: Added at 9 Ok Reg 3971, eff 9-3-92 (emergency); Added at 10 Ok Reg 1487, eff 5-1-93; Amended at 15 Ok Reg 266, eff 10-9-97 (emergency); Amended at 15 Ok Reg 1402, eff 7-1-98; Amended at 17 Ok Reg 1690, eff 7-14-00; Amended at 19 Ok Reg 1310, eff 7-14-02; Amended at 34 Ok Reg 351, eff 12-16-16 (emergency); Amended at 34 Ok Reg 1687, eff 9-15-17]