Section 12109 Of Article 5. Financial Guaranty Insurance From California Insurance Code >> Division 2. >> Part 4. >> Chapter 1. >> Article 5.
12109
. (a) In addition to the contingency reserve, the case basis
method or other method as may be prescribed by the commissioner shall
be used to determine loss reserves, which shall include a reserve
for claims reported and unpaid net of collateral. A deduction from
loss reserves shall be allowed for the time value of money by
application of a discount rate equal to the average rate of return on
the admitted assets of the financial guaranty insurance corporation
as of the date of the computation of that reserve. The discount rate
shall be adjusted at the end of each calendar year.
In addition a reserve component for incurred but not reported
claims shall be reasonably estimated if deemed necessary by the
financial guaranty insurance corporation, or following an examination
or actuarial analysis, by the commissioner.
(b) Except as otherwise permitted by the commissioner, no
deduction shall be made for anticipated salvage in computing case
basis loss reserves, unless that salvage is held by or under the
control of the financial guaranty insurance corporation and would
qualify as an admitted asset under Section 1100 and Article 3
(commencing with Section 1170) of Chapter 2 of Part 2 of Division 1
and Article 4 (commencing with Section 1190) of Chapter 2 of Part 2
of Division 1, or unless that salvage constitutes or is secured by a
clean, irrevocable letter of credit which is approved by the
commissioner or complies with the definition of a letter of credit
provided in subdivision (e) of Section 12100.
(c) If the insured principal and interest on a defaulted issue of
obligations exceed 10 percent of the financial guaranty insurance
corporation's capital, surplus, and contingency reserves, its reserve
so established shall be supported by a report from an independent
source acceptable to the commissioner.