N.Y. Comp. Codes R. & Regs. tit. 11 § 165.3

Current through Register Vol. 46, No. 51, December 18, 2024
Section 165.3 - Profit measurement reporting and methodology
(a) Profit reporting.
(1) All insurance companies are required to report their New York profits commencing with the business of 1974, pursuant to the following format for each of the following kinds of insurance:

Fire

Allied lines

Homeowners multiple peril

Commercial multiple peril

Inland marine

Workmen's compensation

Liability other than auto (B.I.)

Liability other than auto (P.D.)

Auto no-fault and liability (B.I.)

Auto liability (P.D.)

Auto collision

Auto fire, theft and comprehensive

Aircraft (all perils)

Fidelity

Surety

Glass

Burglary and theft

Boiler and machinery

Credit

(2) The reports are to be filed in triplicate no later than April 1st of the year following and shall be presented on forms to be supplied by the Insurance Department.
(b) Profitability measurement methodology. The profitability measurement methodology is as follows:

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(c) Alternative profit measurement methodology. Whenever in the judgment of the superintendent, the calculation of profit for any company in accordance with the foregoing provisions does not produce reliable results considering all of the factors applicable to such company, including its method of operation, its reinsurance agreements and methods of recording transactions, or whenever it can be shown that another method of calculation for such company will produce more reliable results, the superintendent may, in his discretion, permit or require the use of such other method of calculation or prescribe any other method of calculation which will produce more reliable results.
(d) Notes.
(1) References to undersignated page numbers are to pages in the Annual Statement Appendix 15, infra. References to the IEE are to Part II of the Insurance Expense Exhibit Appendix 15, infra except that the reference to commissions (Item 5) is to the New York Supplement of the IEE Appendix 15, infra. The amounts or percentages referred to on particular pages are to the appropriate amounts or percentages applicable to the kind of insurance for which the computation is being made.
(2) Percentages reported for items 2 through 8 on the profitability measurement reporting methodology will be identical in both columns.
(3) The allocation of net worth and assets (admitted and not admitted) for the computation using the company's actual data shall be made in accordance with the method prescribed in section 165.2(d) of this Part.
(4) Computation should be rounded to the nearest 10th of one percent.

N.Y. Comp. Codes R. & Regs. Tit. 11 § 165.3