Disallowance Of “Wash” Transactions

TITLE 41 INSURANCE CHAPTER 6 ASSETS AND LIABILITIES 41-604. Disallowance of "wash" transactions. (1) The director shall disallow as an asset or as a credit against liabilities any reinsurance found by him after a hearing thereon to have been arranged for the purpose principally of deception as to the ceding insurer’s financial condition as of the date of any financial statement of the insurer. Without limiting the general purport of the foregoing provision, reinsurance of any substantial part of the insurer’s outstanding risks contracted for in fact within four (4) months prior to the date of any such financial statement and canceled in fact within four (4) months after the date of such statement, or reinsurance under which the reinsurer bears no substantial insurance risk or substantial risk of net loss to itself, shall prima facie be deemed to have been arranged for the purpose principally of deception within the intent of this provision. (2)  The director shall disallow as an asset any deposit, funds or other assets of the insurer found by him after a hearing thereon: (a)  Not to be in good faith the property of the insurer, and (b)  Not freely subject to withdrawal or liquidation by the insurer at any time for the payment or discharge of claims or other obligations arising under its policies, and (c)  To be resulting from arrangements made principally for the purpose of deception as to the insurer’s financial condition as of the date of any financial statement of the insurer. (3)  No such disallowance of assets or credits shall be valid unless made by the director after a hearing of which notice was given the insurer within six (6) months after the date the financial statement of the insurer as to which such deception is claimed was filed with the director. (4)  The director may suspend or revoke the certificate of authority of any insurer which has knowingly been a party to any such deception or attempt thereat.