New York Codes, Rules and Regulations
Title 11 - INSURANCE
Chapter IV - Financial Condition Of Insurer and Reports to Superintendent
Subchapter D - Reinsurance
Part 125 - Credit For Reinsurance
Section 125.3 - Principles of prudent reinsurance credit risk management
Universal Citation: 11 NY Comp Codes Rules and Regs ยง 125.3
Current through Register Vol. 46, No. 39, September 25, 2024
(a) An authorized insurer, hereinafter referred to as a "ceding insurer" may reinsure its risks and liabilities to any assuming insurer pursuant to section 1308 of the Insurance Law. A ceding insurer shall at all times act with financial prudence when entering into any reinsurance arrangement. The insurer shall properly consider and account for all factors associated with such an agreement, including:
(1) compliance with all applicable
legal and regulatory requirements;
(2) the net risk to be retained;
(3) concentration of risk on a net and gross
basis;
(4) projections as to
reasonable future availability and affordability of adequate levels of
reinsurance support for the ceding insurer's ongoing operations;
(5) the degree to which future reinsurance
proceeds for existing and future ceded reserves are likely to be recoverable
based upon best available current information;
(6) the way an assuming insurer will be
selected, including how to assess its security;
(7) how the reinsurance program will be
monitored (i.e., the reporting and internal control systems); and
(8) that the terms of agreements with any
affiliated assuming insurer are fair and equitable.
(b)
(1) A
ceding insurer shall take steps to manage its reinsurance recoverable
proportionate to its own book of business. A ceding insurer shall notify the
superintendent within 30 days after a reinsurance recoverable from any single
assuming insurer, or group of affiliated assuming insurers, exceeds 50 percent
of the ceding insurer's last reported surplus to policyholders, or after it is
determined that a reinsurance recoverable from any single assuming insurer, any
group described in section
125.4(d)(1) of
this Part, or group of affiliated assuming insurers, is likely to exceed this
limit. The notification shall demonstrate that the exposure is safely managed
by the ceding insurer including consideration of the financial strength of the
assuming insurer.
(2) A ceding
insurer shall take steps to diversify its reinsurance program. Within 30 days
after ceding an amount more than 20 percent of its total gross written premium
in the prior calendar year to any single assuming insurer, or group of
affiliated assuming insurers, or after it has determined that the reinsurance
ceded to any single assuming insurer, any group described in section
125.4(d)(1) of
this Part, or group of affiliated assuming insurers, is likely to exceed this
limit a ceding insurer shall notify the superintendent. The notification shall
demonstrate that the exposure is safely managed by the ceding
insurer.
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