Assets defined

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  • In any determination of the financial condition of any insurer there shall be allowed as assets only such assets as belong wholly and exclusively to the insurer, which are registered, recorded, or held under the insurer's name, and which consist of—
    • (1) cash in the possession of the insurer or in transit under its control, and the true balance of any deposit of the insurer in a solvent bank or trust company;

    • (2) investments, securities, properties, and loans acquired or held in accordance with this title, and in connection therewith the following items:

      • (A) 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;

      • (B) declared and unpaid dividends on stocks and shares unless such amount has otherwise been allowed as an asset;

      • (C) interest due or accrued upon a collateral loan in an amount not to exceed one year's interest thereon;

      • (D) interest due or accrued on deposits in solvent banks and trust companies, and interest due or accrued on other assets if such interest is in the judgment of the Commissioner a collectible asset;

      • (E) interest due or accrued on a mortgage loan, in amount not exceeding in any event the amount, if any, of the difference between the unpaid principal and the value of the property less delinquent taxes thereon; but if any interest on the loan is in default more than 18 months, or if any interest on the loan is in default and any taxes or any installment thereon on the property are and have been due and unpaid for more than 18 months, no allowance shall be made for any interest on the loan; and

      • (F) rent due or accrued on real property if such rent is not in arrears for more than three months.

    • (3) premium notes, policy loans, and other policy assets and liens on policies of life insurance, in amount not exceeding the legal reserve and other policy liabilities carried on each individual policy;

    • (4) the net amount of uncollected and deferred premiums in the case of a life insurer which carries the full annual mean tabular reserve liability;

    • (5) premiums in the course of collection, other than for life insurance, not more than 90 days past due, less commissions payable thereon. The foregoing limitation shall not apply to premiums payable directly or indirectly by the United States Government or any of its instrumentalities or by the Virgin Islands Government or any of its instrumentalities;

    • (6) installment premiums other than life insurance premiums, in accordance with regulations prescribed by the Commissioner consistent with practice formulated or adopted by the National Association of Insurance Commissioners;

    • (7) notes and like 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 and unless otherwise required by regulation prescribed by the Commissioner;

    • (8) the full amount of reinsurance recoverable by a ceding insurer from a solvent reinsurer not disqualified to take such reinsurance under this title; or, in the case of reinsurers disqualified under this title, so much of reinsurance recoverable from such reinsurer as does not exceed the liabilities carried by the ceding insurer for amounts withheld under a reinsurance treaty with such reinsurer as security for the payment of obligations thereunder of such funds are held subject to withdrawal by, and under the control of, the ceding insurer;

    • (9) amounts receivable by an assuming insurer representing funds withheld by a solvent ceding insurer under a reinsurance treaty;

    • (10) deposits 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 him; and

    • (11) other assets, not inconsistent with the foregoing provisions, deemed by the Commissioner available for the payment of losses and claims, at values to be determined by him.


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