CHAPTER 399

FORMERLY

HOUSE BILL NO. 478

AN ACT TO AMEND CHAPTER 9, TITLE 18 OF THE DELAWARE CODE RELATING TO THE STANDARDS FOR CREDIT FOR REINSURANCE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 911(4)a., Chapter 9, Title 18, Delaware Code, by striking said paragraph in its entirety and substituting in lieu thereof the following:

"(4)a. Credit shall be allowed when the reinsurance is ceded to an assuming Insurer which maintains a trust fund In a qualified United States financial institution, as defined in § 913 (b) of this title, exclusively for the payment of the valid claims of its United States policyholders and ceding insurers, their assigns and successors in interest. The assuming insurer shall report annually to the Commissioner information substantially the same as that required to be reported on the NAIC Annual Statement form by licensed insurers to enable the Commissioner to determine the sufficiency of the trust fund. In the case of a single assuming insurer, the trust shall consist of a trusteed account representing the assuming insurer's liabilities attributable to business written in the United States and, in addition, the assuming insurer shall maintain a trusteed surplus of not less than $20,000,000. In the case of a group, including incorporated and individual unincorporated underwriters, the trust shall consist of a trusteed account representing the group's liabilities attributable to business written in the United States and, in addition, the group shall maintain a trusteed surplus of which $100,000,000 shall be held jointly for the benefit of United States ceding insurers of any member of the group. The incorporated members of the group shall not be engaged in any business other than underwriting as a member of the group and shall be subject to the same level of solvency regulation and control by the group's domiciliary regulator as are the unincorporated members. The group shall make available to the Commissioner an annual certification of the solvency of each underwriter by the group's domiciliary regulator and its independent public accountant."

Approved July 13,1994