6.6.3402    SCOPE OF COMMISSIONER'S DISCRETION

(1) For the purposes of making a determination of an insurer's financial condition under this subchapter, the commissioner may:

(a) disregard any credit or amount receivable resulting from transactions with a reinsurer which is insolvent, impaired, or otherwise subject to a delinquency proceeding;

(b) make appropriate adjustments, including disallowance, to asset values attributable to investments in, or transactions with, parents, subsidiaries, or affiliates consistent with the NAIC Accounting Practices and Procedures Manual, state laws and regulations;

(c) refuse to recognize the stated value of accounts receivable, if the ability to collect receivables is highly speculative in view of the age of the account or the financial condition of the debtor; or

(d) increase the insurer's liability in an amount equal to any contingent liability, pledge, or guarantee not otherwise included, if there is a substantial risk that the insurer will be called upon to meet the obligation undertaken within the next 12-month period.

History: 33-1-313, 33-2-1517, 33-28-206, MCA; IMP, 33-1-401, 33-2-1321, 33-2-1517, 33-28-108, 33-28-109, 33-28-207, 33-30-102, 33-20-105, MCA; NEW, 1993 MAR p. 2408, Eff. 10/15/93; AMD, 2011 MAR p. 1128, Eff. 6/24/11.