Ins. Code, § 12109 · Article 5. Financial Guaranty Insurance
Ins. Code, § 12109
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(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.
Notes and commentary — not statutory text
History
Repealed and added by Stats. 1990, Ch. 1032, Sec. 6.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=INS§ionNum=12109.
- Text hash
- sha256 8c293f93f3d8c134deb0edff6123eda740c768e0c71eb905c85319cd87e24fb6
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Insurance Code
- Ins. Code, § 1100Printed as Section 1100
- Ins. Code, div. 1, pt. 2, ch. 2, art. 3General InvestmentsPrinted as Article 3 (commencing with Section 1170) of Chapter 2 of Part 2 of Division 1
- Ins. Code, div. 1, pt. 2, ch. 2, art. 4Property Authorized for Excess Funds InvestmentsPrinted as Article 4 (commencing with Section 1190) of Chapter 2 of Part 2 of Division 1
- Ins. Code, § 12100Printed as Section 12100
Cited by 2 provisions
Provisions in this library whose text cites Ins. Code, § 12109. Each shows the citation as that text prints it.
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