New York-domiciled insurers may soon be able to take advantage of more-relaxed provisions on balance sheet credit for reinsurance where the assuming reinsurer is in a “reciprocal” jurisdiction to the United States. New York-based carriers should consider amendments just announced to New York’s credit-for-reinsurance rules, which conform to the U.S.-European “covered agreements” on reciprocity, for opportunities for balance sheet credit in new reinsurance agreements.
The covered agreements between the U.S. and the EU in 2017 and the UK in 2018, respectively, imposed uniform treatment between the jurisdictions on credit for reinsurance and other prudential aspects of insurance regulation. The international pacts effectively require the U.S. states to conform their credit-for-reinsurance regulations to this new reciprocity regime, and accordingly in 2019, the National Association of Insurance Commissioners (NAIC) adopted amendments to its model regulation on reinsurance credit. On Dec. 9, 2020, the New York Department of Financial Services announced its own proposed changes to 11 NYCRR Part 125, the New York regulations on credit for reinsurance for New York-domiciled insurers. The amendments, which are subject to a 60-day public comment period, can be found here and resemble the NAIC model.
Under the amendments, New York will allow a New York-domiciled insurer to claim balance sheet credit for reinsurance ceded to an assuming insurer meeting the conditions outlined below. A ceding insurer may take credit under these provisions for reinsurance agreements entered into, amended or renewed on or after the effective date of these amendments to Part 125, with respect to losses incurred and reserves reported on or after the later of (i) the date on which the assuming insurer has met the eligibility requirements below and (ii) the effective date of the new, amended or renewed reinsurance agreement. The new conditions are:
The Superintendent may determine that an assuming insurer invoking the above criteria no longer meets one or more of them. Before making such a determination, the Superintendent is required to (i) communicate the deficiency to the ceding insurer, the assuming insurer and the assuming insurer’s domestic regulator and (ii) provide the assuming insurer with 30 days to submit a remedial plan and 90 days to remedy the defect, “except in exceptional circumstances in which a shorter period is necessary to protect the interests of policyholders, contract holders, or the people of this State.” After the expiration of the remedial period, if the Superintendent determines the remedial effort is insufficient, the Superintendent may deny balance sheet credit or impose a collateral requirement. Moreover, if the assuming insurer becomes subject to rehabilitation, liquidation or conservation, then the ceding insurer may seek an order in New York state court requiring that the assuming insurer post security for all outstanding liabilities.