S T A T E O F N E W Y O R K
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4830
2009-2010 Regular Sessions
I N A S S E M B L Y
February 6, 2009
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Introduced by M. of A. MORELLE -- read once and referred to the Commit-
tee on Insurance
AN ACT to amend the insurance law, in relation to mortgage guaranty
insurance contingency reserves
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 2 of subsection (a) of section 6502 of the insur-
ance law is amended to read as follows:
(2) it establishes a contingency reserve out of net premiums (gross
premiums less premiums returned to policyholders) remaining after estab-
lishing the unearned premium reserve. The company shall contribute to
the contingency reserve an amount equal to fifty percent of such remain-
ing earned premiums. Contributions to the contingency reserve made
during each calendar year shall be maintained for a period of one
hundred and twenty months, except that withdrawals may be made by the
company with the prior approval of the superintendent: (A) in any year
in which the actual incurred losses exceed thirty-five percent of the
corresponding earned premiums OR (B) OF SUCH OTHER APPROVED AMOUNT,
PROVIDED THE COMPANY CONTINUES TO MEET THE OTHER REQUIREMENTS OF THIS
SECTION, AND AFTER CONSIDERATION BY THE SUPERINTENDENT OF THE FINANCIAL
CONDITION OF THE COMPANY, LOSS DEVELOPMENT AND TRENDS, AS WELL AS ANY
OTHER CIRCUMSTANCES THE SUPERINTENDENT DEEMS APPROPRIATE. THE COMPANY
SHALL SUBMIT DOCUMENTATION CLEARLY PROVIDING JUSTIFICATION FOR THE
PROPOSED WITHDRAWAL OF CONTINGENCY RESERVES UNDER THIS PARAGRAPH. The
unearned premium reserve shall be computed as required by section one
thousand three hundred five of this chapter except that on policies
covering a risk period of more than one year it shall be computed in
accordance with standards promulgated by the superintendent; and
S 2. This act shall take effect immediately; provided that the super-
intendent of insurance is authorized to promulgate any and all rules and
regulations, on an emergency basis, and take any other measures neces-
sary to implement this act on its effective date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.