2006 Louisiana Laws - RS 22:855 — Admitted assets

§855.  Admitted assets

For the purposes of this Part, the following assets, if owned by an insurer, shall be known as admitted assets:

(1)  Cash in the possession of the insurer or in transit under its control, and including the true balance of any deposit in a solvent bank or trust company.

(2)  Investments, securities, properties, and loans acquired, or held, in accordance with this Part 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 stock 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 an amount not exceeding in any event the amount, if any, of the excess of the value of the property less delinquent taxes thereon over the unpaid principal; but in no event shall interest accrued for a period in excess of twelve months be allowed as an asset.

(f)  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 is adequately secured by property held in the name of the tenant and conveyed to the insurer as collateral.

(g)  The unaccrued portion of taxes paid prior to the due date on real property.

(3)  Premium notes, except as specifically excluded by R.S. 22:856(7), 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.

(4)  The net amount of uncollected and deferred premiums and annuity considerations in the case of a life insurer.

(5)  Premiums in the course of collection, other than for life insurance, not more than three months 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 of its instrumentalities.

(6)  Installment premiums, other than life insurance premiums, to the extent of the unearned premium reserve carried on the policy to which premiums apply.

(7)  Notes and life 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.

(8)  The full amount of reinsurance recoverable by a ceding insurer from a solvent reinsurer and which reinsurance is authorized under the Louisiana Insurance Code.

(9)  Amounts receivable by an assuming insurer representing funds withheld by a solvent ceding insurer under a reinsurance agreement.

(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.

(11)  Electronic and mechanical machines constituting a data processing and accounting system, if the cost of such system is at least ten thousand dollars, which costs shall be amortized in full over a period not to exceed ten calendar years.  The book value of the apparatus and equipment shall not exceed two percent of the admitted assets of the insurer.

(12)  Other assets, not inconsistent with the provisions of this Section, deemed by the commissioner to be available for the payment of losses and claims, at values to be determined by him.

(13)  Goodwill purchased by a domestic life insurance company possessing twice the required capital and surplus.  Goodwill shall be the same as defined in the Purposes and Procedures Manual of the Securities Valuation Office of the National Association of Insurance Commissioners.  Goodwill shall be amortized in accordance with the instructions set forth in the same manual, and amounts in excess of ten percent of an insurer's capital and surplus shall be written off immediately by a direct charge to surplus.

Acts 1992, No. 811, §1; Acts 1993, No. 787, §1; Acts 1995, No. 1124, §1; Acts 1997, No. 1449, §1.