Section G Reg. of Ins.: Porter: Ins. Reg. 6 Flashcards
Two criteria that DOIs look at when insurers are seeking a license
- Location of books and records - usually seeks assurance the insurer will retain books and records in the state
- Principal office - many DOIs require insurer to maintain an office in the state
Two reasons that regulators would prefer that insurer maintain an office in the state
- Create jobs
- Give regulator easier access
What do regulators examine during an organizational exam of an insurer applying for a license
- verify minimum capitalization is on deposit at an approved financial institution
- verify that management team in place
- corporate records are in good order
- policy forms and rates have department approval
- gives employees chance to review with the examiners the various DOI expectations for reporting
Briefly describe a domestic insurer, foreign insurer, and alien insurer
- Domestic - incorporated in the state writing insurance business
- Foreign - licensed to operate in a state but incorporated in another state
- Alien - licensed in a U.S. state but incorporated in another country
Two advantages that foreign insurers have when applying for license
- if a strong performer with solid financial record, more likely to receive approval
- already gone through rigors of the domiciliary jurisdiction’s review
List some differences in the licensing application between a foreign and domestic insurer
Foreign also has to provide:
- Charter and Bylaws - reviews to evaluate the terms of its operations as legal entity
- Annual Statements - reviews for previous 2-3 years
- Examination Report - most recent report of financial examination
- Financial Statements - SAP and sometimes GAAP
- Certificates of Compliance - evidence that in compliance with domiciliary state
- Holding Insurer Registration Statement - if applicant is member of an insurer holding system
List an additional requirement for a foreign insurer seeking to be licensed in state where an affiliate already writing
May require u/w guidelines to ensure parent insurer does not shift business back and forth between affiliated insurers
Some regulators require that the insurer be seasoned to obtain a license. List exceptions to this requirement.
- Insurer has substantial capital
- Owned by an insurer with lengthy history
- Department is satisfied with the application for other reasons
What additional requirements does an alien insurer have when filing for a license
- Appointment of U.S. manager
- Provide a Trust agreement - contract in which one party transfers ownership of property to another party that will administer the property for a third party’s benefit
- Certificate of alien funds on deposit