Assets Considered in Determining Financial Condition of Insurers Generally

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  2. Georgia Code
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  4. Assets and Liabilities
  5. Assets Considered in Determining Financial Condition of Insurers Generally

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In any determination of the financial condition of an insurer, there shall be allowed as assets only such assets as are owned by the insurer and which consist of:

  1. Cash in the possession of the insurer or in transit under its control, including the true balance of any deposit in a solvent bank, a trust company, a savings and loan association, or a building and loan association;
  2. Investments, securities, properties, and loans acquired or held in accordance with this title and in connection therewith the following items:
    1. Interest due or accrued on any bond or evidence of indebtedness which is not in default and which is not valued on a basis including accrued interest;
    2. Declared and unpaid dividends on stock and shares, unless such amount has otherwise been allowed as an asset;
    3. Interest due or accrued upon a collateral loan in an amount not to exceed one year's interest thereon;
    4. Interest due or accrued on deposits in solvent banks, trust companies, savings and loan associations, or building and loan associations and interest due or accrued on other assets, if such interest is in the judgment of the Commissioner a collectable asset;
    5. Interest due or accrued on a mortgage loan, in an amount not exceeding in any event the amount, if any, of the excess of the value of the property less delinquent taxes on the property over the unpaid principal; but in no event shall interest accrued for a period in excess of 18 months be allowed as an asset;
    6. Rent due or accrued on real property if such rent is not in arrears for more than three months and rent more than three months in arrears if the payment of such rent be adequately secured by property held in the name of the tenant and conveyed to the insurer as collateral; or
    7. The unaccrued portion of taxes paid prior to the due date on real property;
  3. Electronic and mechanical machines and software constituting a data processing, record-keeping, or accounting system if the cost of such system does not exceed 10 percent of admitted assets or $7.5 million, whichever is less;
  4. Good will up to 10 percent of the acquiring insurer's capital and surplus shown on its statutory balance sheet for its most recently filed statement with the Commissioner adjusted to exclude any net positive good will, electronic data processing equipment, operating system software, and net deferred tax asset;
  5. Premium notes, policy loans, and other policy assets and liens on policies and certificates of life insurance and annuity contracts and accrued interest thereon, in an amount not exceeding the legal reserve and other policy liabilities carried on each individual policy;
  6. The net amount of uncollected and deferred premiums and annuity considerations in the case of a life insurer;
  7. Premiums in the course of collection, other than for life insurance and annuity considerations, not more than three months past due, less commissions payable thereon. The foregoing limitation shall not apply to premiums payable directly or indirectly by the United States government or by any state or by any of their instrumentalities;
  8. Installment premiums other than life insurance premiums to the extent of the unearned premium reserves carried thereon;
  9. Notes and similar written obligations not past due taken for premiums other than life insurance premiums on policies permitted to be issued on such basis to the extent of the unearned premium reserves carried thereon;
  10. The full amount of reinsurance recoverable by a ceding insurer from a solvent reinsurer and which reinsurance is authorized under Code Section 33-7-14;
  11. Amounts receivable by an assuming insurer representing funds withheld by a solvent ceding insurer under a reinsurance treaty;
  12. Deposit or equities recoverable from underwriting associations, syndicates, and reinsurance funds or from any suspended banking institution to the extent deemed by the Commissioner available for the payment of losses and claims and at values to be determined by the Commissioner;
  13. All assets, whether or not consistent with this Code section, as may be allowed pursuant to the annual statement form approved by the Commissioner for the kinds of insurance to be reported upon therein; and
  14. Other assets, not inconsistent with this Code section, deemed by the Commissioner to be available for the payment of losses and claims at values to be determined by the Commissioner.

(Code 1933, § 56-901, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1980, p. 1108, § 2; Ga. L. 1995, p. 481, § 1; Ga. L. 1996, p. 6, § 33; Ga. L. 2008, p. 469, § 1/SB 347; Ga. L. 2013, p. 690, § 21/SB 185; Ga. L. 2019, p. 869, § 1/HB 277.)

The 2019 amendment, effective July 1, 2019, inserted "a" preceding "trust company" in paragraph (1); in paragraph (3), deleted ", as such term is defined in Code Section 11-9-102," following "software" near the middle and substituted "$7.5 million" for "$7,500,000.00"; added paragraph (4); redesignated former paragraphs (4) through (13) as present paragraphs (5) through (14), respectively; and substituted "the Commissioner" for "him" at the end of paragraph (12).

Law reviews.

- For article, "Why Captives, Lord, What Have They Ever Done?: The Georgia Captive Insurance Company Act," see 26 Ga. St. B.J. 119 (1990).

OPINIONS OF THE ATTORNEY GENERAL

"Admitted assets" is just another expression having the same meaning as "allowed assets," and both "admitted assets" and "allowed assets" mean those investments which come within the definition of former Code 1933, § 56-901 (O.C.G.A. § 33-10-1) and not excluded therefrom either impliedly by the language of former Code 1933, § 56-901 or expressly by former Code 1933, § 56-903 (see O.C.G.A. § 33-10-2). 1963-65 Op. Att'y Gen. p. 312.


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