Sec. 3.5. (a) Except as provided by subsection (b), goodwill, trade names, and other like intangible assets attributable to any investment in a subsidiary shall be admitted as assets except:
(1) to the extent that the aggregate amount thereof exceeds ten percent (10%) of the capital and surplus of the insurer as reported in its latest annual report filed with the commissioner;
(2) to the extent that any such asset is not being amortized ratably over a period of ten (10) years or less from the date of acquisition; and
(3) in determining the financial condition or solvency of an insurer under IC 27-9.
(b) The commissioner may increase the ten percent (10%) limitation in subsection (a)(1) to an amount not to exceed twenty percent (20%) of the capital and surplus of the insurer as reported in its latest annual statement filed with the commissioner if:
(1) the assets of the insurer include good will, trade names, and other like intangible assets that are attributable to the acquisition after December 31, 1998, of an insurance company or health maintenance organization authorized to do business under the laws of any state; and
(2) as of the date of the initial request for an increase in the ten percent (10%) limitation in subsection (a)(1) the total adjusted capital of the insurer is at least four hundred percent (400%) of the authorized control level risk based capital of the insurer as reported in the latest annual report filed with the commissioner.
(c) The commissioner may retain experts to assist with a request made under subsection (b). The insurer shall pay all costs for the experts.
As added by P.L.160-1986, SEC.2. Amended by P.L.88-2000, SEC.1.
Structure Indiana Code
Article 1. Department of Insurance
Chapter 13. Casualty, Fire, and Marine Insurance Company Powers and Policy Requirements
27-1-13-0.1. Application of Certain Amendments to Chapter
27-1-13-3. Investment of Capital and Funds Above Capital; Real Estate Interests
27-1-13-4. Valuation of Bonds and Securities
27-1-13-5. Insured Loans and Investments
27-1-13-6. Limitation on Risks; Effect of Reinsurance
27-1-13-7. Policy Requirements
27-1-13-7.5. Newly Acquired Motor Vehicle; Required Coverage
27-1-13-8. Estimating Condition; Classification of Items as Assets or Liabilities; Reserves
27-1-13-8.5. Rules to Prescribe Minimum Standards for Establishment of Reserves
27-1-13-9. Trading or Dealing in Commodities, Goods, Wares, and Merchandise
27-1-13-10. Insurance Rating Bureaus; Organizational Regulations
27-1-13-11. Insurance Rating Bureaus; Meetings; Appearance by Aggrieved Persons
27-1-13-12. Insurance Rating Bureau; Division of Representation