Section 1302. Assets not admitted  


Latest version.
  • (a) In addition to assets not admitted
      pursuant to section one thousand three hundred one of this article,  the
      following  shall  not  be  allowed  as  admitted assets of a domestic or
      foreign insurer or the United States branch of an alien insurer  in  any
      determination of its financial condition:
        (1) Trade names, agency plants and other like intangible assets.
        (2)  Prepaid  or  deferred  charges for expenses except as provided in
      paragraph sixteen of  subsection  (a)  of  section  one  thousand  three
      hundred one of this article, and commissions paid by the insurer.
        (3)  Advances  to  officers  (except policy loans), whether secured or
      not, and advances to employees, agents and  other  persons  on  personal
      security only.
        (4)  Shares  of  such  insurer,  owned by it, or any equity therein or
      loans secured thereby, or any  proportionate  interest  in  such  shares
      through  the  ownership  by such insurer of an interest in another firm,
      corporation or business unit.
        (5) Tangible personal property, fixtures  and  printed  matter  except
      such  as  an  insurer is permitted to hold pursuant to paragraph five of
      subsection (a) of  section  one  thousand  four  hundred  four  of  this
      chapter.
        (6)  Items  of  bank  credits  representing  checks,  drafts  or notes
      returned unpaid after the date of statement.
        (7) The  amount,  if  any,  by  which  the  aggregate  book  value  of
      investments  as carried in the ledger assets of such insurer exceeds the
      aggregate value thereof as determined in accordance with the  provisions
      of this chapter.
        (b)  All non-admitted assets and all other assets of doubtful value or
      character included as ledger or non-ledger assets in any statement by an
      insurer to the superintendent, or in any examiner's report to him, shall
      also be reported, to the extent of the value disallowed,  as  deductions
      from  the  gross  assets of such insurer except where the superintendent
      permits a reserve to be carried among the liabilities of such insurer in
      lieu of any such deduction.