A. A domestic society may by a reinsurance agreement cede any individual risk or risks in whole or in part to an insurer, other than to another fraternal benefit society, having the power to make such reinsurance and authorized to do business in this state, or if not so authorized, one which is approved by the superintendent, but no such society may reinsure substantially all of its insurance in force without the written permission of the superintendent. It may take credit for the reserves on such ceded risks to the extent reinsured, but no credit shall be allowed as an admitted asset or as a deduction from liability, to a ceding society for reinsurance made, ceded, renewed or otherwise becoming effective after the effective date of this act, unless the reinsurance is payable by the assuming insurer on the basis of the liability of the ceding society under the contract or contracts reinsured without diminution because of the insolvency of the ceding society.
B. Notwithstanding the limitation in Subsection A of this section, a society may reinsure the risks of another society in a consolidation or merger approved by the superintendent under Section 59A-44-14 NMSA 1978.
History: 1978 Comp., § 59A-44-13, enacted by Laws 1989, ch. 388, § 13.
ANNOTATIONSRepeals and reenactments. — Laws 1989, ch. 388, § 13, repealed 59A-44-13 NMSA 1978, as enacted by Laws 1984, ch. 127, § 798, relating to immunity from personal liability, and enacted a new section, effective January 1, 1990.
Compiler's notes. — The phrase "effective date of this act", referred to in Subsection A, means January 1, 1990, the effective date of Laws 1989, ch. 388.