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§ 5-317. Exemption from requirements of Insurance § 5-313

West's Annotated Code of MarylandInsuranceEffective: October 1, 2019

West's Annotated Code of Maryland
Insurance (Refs & Annos)
Title 5. Assets, Liabilities, Reserves, and Investments of Insurers
Subtitle 3. Standard Valuation Law (Refs & Annos)
Effective: October 1, 2019
MD Code, Insurance, § 5-317
§ 5-317. Exemption from requirements of Insurance § 5-313
Requirements for exemption of specific product form or product line
(a) The Commissioner may exempt a specific product form or product line of a domestic company that holds a certificate of authority issued by the Commissioner and is doing business only in the State from the requirements of § 5-313 of this subtitle if:
(1) the Commissioner has issued an exemption in writing to the company;
(2) the exemption has not been revoked in writing by the Commissioner; and
(3) the company computes reserves:
(i) using assumptions and methods used before the operative date of the valuation manual; and
(ii) in accordance with any requirements established by the Commissioner by regulation.
Applicability of other sections of Insurance article to company granted exemption
(b)(1) A company that is granted an exemption under subsection (a) of this section is subject to § 5-201 of this title and §§ 5-302 through 5-312 of this subtitle.
(2) With respect to a company that is granted an exemption under subsection (a) of this section, any reference to § 5-313 of this subtitle found in § 5-201.1 of this title and §§ 5-302 through 5-312 of this subtitle is not applicable.
Requirements for exemption of domestic company
(c) The Commissioner may exempt a domestic company that holds a certificate of authority issued by the Commissioner and is doing business in the State from the requirements of §§ 5-314 and 5-315 of this subtitle if the company meets the life principle-based reserves exemption criteria in the valuation manual.
Measurement of ordinary life premiums
(d) For purposes of subsection (c) of this section, ordinary life premiums are measured as direct premium plus reinsurance assumed from an unaffiliated company, as reported in the annual statement for the prior calendar year.
Actions to be taken by domestic company that meets requirements for exemption
(e)(1) A domestic company that meets the requirements of subsection (c) of this section shall:
(i) compute reserves:
1. using assumptions and methods used before the operative date of the valuation manual; and
2. in accordance with any requirements established by the Commissioner in regulation; and
(ii) file, before July 1 of each year, a statement with the Commissioner certifying that the domestic company meets the requirements of subsection (c) of this section for the current calendar year based on premiums and other values from the financial statements for the prior calendar year.
(2) Before September 1 of each year, the Commissioner may reject a statement filed under paragraph (1)(ii) of this subsection and require a domestic company to comply with the valuation manual requirements for life insurance reserves.

Credits

Added by Acts 2015, c. 367, § 2, eff. Oct. 1, 2015. Amended by Acts 2019, c. 245, § 1, eff. Oct. 1, 2019.
MD Code, Insurance, § 5-317, MD INSURANCE § 5-317
Current through legislation effective through June 1, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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