Credit for reinsurance—Certain alien reinsurers maintaining trust funds—Assuming insurer discontinuing business.
At any time after the assuming insurer has permanently discontinued underwriting new business secured by the trust for at least three full years, the commissioner with principal regulatory oversight of the trust may authorize a reduction in the required trusteed surplus, but only after a finding, based on an assessment of the risk, that the new required surplus level is adequate for the protection of United States ceding insurers, policyholders and claimants in light of reasonably foreseeable adverse loss development. The risk assessment may involve an actuarial review, including an independent analysis of reserves and cash flows, and must consider all material risk factors, including when applicable, the lines of business involved, the stability of the incurred loss estimates and the effect of the surplus requirements on the assuming insurer's liquidity or solvency. The minimum required trusteed surplus may not be reduced to an amount less than thirty percent of the assuming insurer's liabilities attributable to reinsurance ceded by United States ceding insurers covered by the trust.
[Statutory Authority: RCW 48.02.060
(1)(b) and (c), (3)(b), (4), (5), 48.12.480
, and 2015 c 63. WSR 15-24-126 (Matter No. R 2015-09), § 284-13-531, filed 12/2/15, effective 1/2/16.]