1. Except as otherwise provided in subsection 2, credit must be allowed if reinsurance is ceded to an assuming insurer which is accredited as a reinsurer in this state. An accredited reinsurer is one which satisfies all of the following conditions:
(a) Files with the Commissioner a properly executed Form AR-1, provided on the Internet website of the Division, as evidence of its submission to this state’s jurisdiction.
(b) Submits to this state’s authority to examine its books and records.
(c) Files with the Commissioner a certified copy of a certificate of authority or other evidence approved by the Commissioner indicating that it is licensed to transact insurance or reinsurance in at least one state, or in the case of a branch in the United States of an alien assuming insurer is entered through and licensed to transact insurance or reinsurance in at least one state.
(d) Files annually with the Commissioner a copy of its annual statement filed with the Division of its state of domicile or entry and a copy of its most recent audited financial statement.
(e) Demonstrates to the satisfaction of the Commissioner that it has adequate financial capacity to meet its reinsurance obligations and is otherwise qualified to assume reinsurance from domestic insurers. An assuming insurer is deemed to meet this requirement as of the time of its application if it maintains a surplus as regards policyholders in an amount which is:
(1) Not less than $20,000,000 and whose accreditation has not been denied by the Commissioner within 90 days after its submission; or
(2) Less than $20,000,000 and whose accreditation has been approved by the Commissioner.
(f) Pays all applicable fees, including, without limitation, all applicable fees required pursuant to NRS 680C.110.
2. If an accredited or certified reinsurer ceases to meet the requirements for accreditation or certification, the Commissioner may suspend or revoke the reinsurer’s accreditation or certification. Before suspending or revoking the reinsurer’s accreditation or certification, the Commissioner must give the reinsurer notice and opportunity for a hearing.
3. The suspension or revocation of an accreditation or certification may not take effect until after the Commissioner’s order on hearing unless:
(a) The reinsurer waives its right to a hearing;
(b) The Commissioner’s order is based upon regulatory action taken by the reinsurer’s domiciliary jurisdiction or the voluntary surrender or termination of the reinsurer’s eligibility to transact insurance or reinsurance business in its domiciliary jurisdiction or in the primary certifying state of the reinsurer; or
(c) The Commissioner finds that an emergency requires immediate action and a court of competent jurisdiction has not stayed the Commissioner’s action.
4. During the period in which a reinsurer’s accreditation or certification is suspended, no reinsurance contract issued or renewed after the effective date of the suspension qualifies for credit except to the extent that the reinsurer’s obligations under the contract are secured pursuant to NRS 681A.240. If the reinsurer’s accreditation or certification is revoked, no credit for reinsurance may be granted after the effective date of the revocation except to the extent that the reinsurer’s obligations under the contract are secured pursuant to NRS 681A.240.
(Added to NRS by 1995, 1756; A 2003, 3283; 2009, 1770; 2013, 3351; 2015, 3385)
Structure Nevada Revised Statutes
Chapter 681A - Kinds of Insurance; Limits on Risk; Reinsurance
NRS 681A.010 - Definitions; nonexclusive application.
NRS 681A.020 - "Casualty insurance" defined.
NRS 681A.022 - "Continuous care coverage" defined.
NRS 681A.024 - "Covered agreement" defined.
NRS 681A.030 - "Health insurance" defined.
NRS 681A.040 - "Life insurance" defined.
NRS 681A.050 - "Marine and transportation" and "wet marine and transportation" insurance defined.
NRS 681A.055 - "NAIC" defined.
NRS 681A.060 - "Property insurance" defined.
NRS 681A.062 - "Reciprocal jurisdiction" defined.
NRS 681A.068 - "Solvent scheme of arrangement" defined.
NRS 681A.070 - "Surety insurance" defined.
NRS 681A.080 - "Title insurance" defined.
NRS 681A.090 - Multiple line insurers.
NRS 681A.095 - Insurance against legal liability for exemplary or punitive damages.
NRS 681A.100 - Amount of risk that insurer may retain; method for determining risk; applicability.
NRS 681A.140 - "Qualified financial institution in the United States" defined.
NRS 681A.150 - Requirements for taking certain credit.
NRS 681A.155 - Reinsurance ceded to assuming certified reinsurer.
NRS 681A.1551 - Certified reinsurer: Eligibility.
NRS 681A.1552 - Certified reinsurer: Additional eligibility requirements for associations.
NRS 681A.1553 - Certified reinsurer: Qualified jurisdictions.
NRS 681A.1554 - Certified reinsurer: Ratings by Commissioner; publication of ratings; regulations.
NRS 681A.1555 - Certified reinsurer: Required security.
NRS 681A.1557 - Certified reinsurer: Inactive status.
NRS 681A.170 - Reinsurance ceded to assuming alien insurer.
NRS 681A.190 - Reinsurance ceded to group of incorporated insurers under common administration.
NRS 681A.200 - Requirements for establishment or amendment of certain trusts.
NRS 681A.2115 - Documentation required to be provided by assuming insurer.
NRS 681A.213 - List of reciprocal jurisdictions.
NRS 681A.2135 - List of assuming insurers to which cessions are required to be granted credit.
NRS 681A.214 - Revocation or suspension of eligibility of assuming insurer; effect on credit.
NRS 681A.2145 - Procedure for denying statement credit or imposing requirement to post security.
NRS 681A.215 - Requirements when assuming insurer does not meet certain requirements.
NRS 681A.216 - Limitations on agreements regarding security or other terms.
NRS 681A.2165 - Applicability of certain provisions.
NRS 681A.235 - Management of concentration risk by ceding insurer.
NRS 681A.260 - "Actuary" defined.
NRS 681A.270 - "Automatic agreement" defined.
NRS 681A.280 - "Broker for reinsurance" defined.
NRS 681A.290 - "Cede" defined.
NRS 681A.300 - "Cession" defined.
NRS 681A.310 - "Controlling person" defined.
NRS 681A.320 - "Facultative" defined.
NRS 681A.330 - "Intermediary" defined.
NRS 681A.340 - "Licensed producer" defined.
NRS 681A.350 - "Manager for reinsurance" defined.
NRS 681A.360 - "Reinsured" defined.
NRS 681A.370 - "Reinsurer" defined.
NRS 681A.380 - "Retrocession" defined.
NRS 681A.390 - "Retrocessionaire" defined.
NRS 681A.400 - "Syndicate" defined.
NRS 681A.410 - "Violation" defined.
NRS 681A.420 - Limitations and requirements.
NRS 681A.430 - License to act as intermediary.
NRS 681A.440 - Circumstances under which Commissioner is authorized to refuse to issue license.
NRS 681A.450 - Licensed attorney acting as intermediary.
NRS 681A.460 - Brokers: Transactions with insurer; termination; duties.
NRS 681A.480 - Brokers: Conditions for employment; annual statement of financial condition.
NRS 681A.490 - Managers: Transactions with reinsurer; termination; duties.
NRS 681A.520 - Managers: Sharing of interim profits.
NRS 681A.540 - Managers: Prohibited acts.
NRS 681A.560 - Examination of intermediary by Commissioner.
NRS 681A.570 - Actions that may be taken against intermediary who fails to comply with laws.
NRS 681A.580 - Rights of relevant parties not limited or expanded.