North Carolina § 58-10-135 - Contingency reserve for mortgage guaranty insurers.

§ 58-10-135. Contingency reserve for mortgage guaranty insurers.

Subject to G.S. 58-7-21, a mortgage guaranty insurer shall make an annual contribution to the contingency reserve which in the aggregate shall be fifty percent (50%) of the net earned mortgage guaranty premium reported in the annual statement. Repealed by Session Laws 2007-127, s. 6, effective July 1, 2007. The contingency reserve established by this section shall be maintained for 120 months and reported in the financial statements as a liability. That portion of the contingency reserve established and maintained for more than 120 months shall be released and shall no longer constitute part of the contingency reserve. With the approval of the Commissioner, withdrawals may be made from the contingency reserve when incurred losses and incurred loss expenses exceed thirty-five percent (35%) of the net earned premium. On a quarterly basis, provisional withdrawals may be made from the contingency reserve in an amount not to exceed seventy-five percent (75%) of the withdrawal calculated in accordance with this subsection. With the approval of the Commissioner, a mortgage guaranty insurer may withdraw from the contingency reserve any amounts which are in excess of the minimum policyholders position as filed with the most recently filed annual statement. In reviewing a request for withdrawal pursuant to this subsection, the Commissioner may consider loss development and trends. If any portion of the contingency reserve for which withdrawal is requested pursuant to this subsection is maintained by a reinsurer, the Commissioner may also consider the financial condition of the reinsurer. If any portion of the contingency reserve for which withdrawal is requested pursuant to this subsection is maintained in a segregated account or segregated trust and such withdrawal would result in funds being removed from the segregated account or segregated trust, the Commissioner may also consider the financial condition of the reinsurer. Releases and withdrawals from the contingency reserve shall be accounted for on a first-in-first-out basis as prescribed by the Commissioner. The calculations to develop the contingency reserve shall be made in the following sequence: The additions required by subsection (a) of this section; The releases permitted by subsection (c) of this section; The withdrawals permitted by subsection (d) of this section; and The withdrawals permitted by subsection (e) of this section. Whenever the laws or regulations of another jurisdiction in which a mortgage guaranty insurer, subject to the requirements of this Part is licensed, require a larger unearned premium reserve or a larger contingency reserve in the aggregate than that set forth in this Part, the establishment and maintenance of the larger unearned premium reserve or contingency reserve shall be deemed to be in compliance with this Part. History (2001-223, s. 11; 2001-334, ss. 16.2, 16.3; 2007-127, s. 6.) Effect of Amendments. - Session Laws 2007-127, s. 6, effective July 1, 2007, added "for mortgage guaranty insurers" at the end of the section heading; rewrote subsection (a); deleted former subsection (b) which read: "If the mortgage guaranty coverage is not expressly provided for in this section, the Commissioner may establish a rate formula factor that will produce a contingency reserve adequate for the risk assumed"; in subsection (d), deleted "the greater of either" following "expenses exceed" and deleted "or seventy percent (70%) of the amount which subsection (a) of this section requires to be contributed to the contingency reserve in such year" following "premium" in the first sentence; and substituted "subsection (a)" for "subsections (a) and (b)" in subdivision (g)(1).