NEW YORK STATE
INSURANCE DEPARTMENT

SECOND AMENDMENT TO REGULATION NO. 172
(11 NYCRR 83)

FINANCIAL STATEMENT FILINGS AND ACCOUNTING PRACTICES AND PROCEDURES

I, Gregory V. Serio, Superintendent of Insurance of the State of New York, pursuant to the authority granted by Sections 107(a)(2), 201, 301, 307, 308, 1109, 1301, 1302, 1308, 1404, 1405, 1407, 1411, 1414, 1501, 1505, 3233, 4117, 4233, 4239, 4301, 4310, 4321-a, 4322-a, 4327 and 6404 of the Insurance Law, Sections 4403, 4403-a, 4403-(c)(12) and 4408-a of the Public Health Law, and Chapter 599 of the Laws of 2002, do hereby promulgate the Second Amendment to Part 83 of Title 11 of the Official Compilation of Codes, Rules and Regulations of the State of New York (Regulation No. 172) to take effect upon publication in the State Register to read as follows:

(NEW MATTER UNDERSCORED, DELETED MATTER IN BRACKETS) 

Subdivision (c) of Section 83.2 of Part 83 is amended to read as follows:

        (c) To assist in the completion of the Financial Statements, the NAIC also adopts and publishes from time to time certain policy, procedures and instruction manuals. The latest of these manuals, the Accounting Practices and Procedures Manual as of March [2002*] 2003* ("Accounting Manual") includes a body of accounting guidelines referred to as Statements of Statutory Accounting Principles ("SSAPs).

The footnote to subdivision (c) of Section 83.2 is amended to read as follows:

*ACCOUNTING PRACTICES AND PROCEDURES MANUAL AS OF MARCH [2002] 2003. Copyright 1999, 2000, 2001, 2002, 2003 by National Association of Insurance Commissioners, in Kansas City, Missouri.

Section 83.4(s) is amended to read as follows:

        (s) Paragraphs 10, 11 and 14 of SSAP No. 65 Property and Casualty Contracts are not adopted. In accordance with Section 4117(d)(1) and (2) of the Insurance Law, non-tabular known case reserves for indemnity and medical claims [shall] may be discounted [, and]; Incurred But Not Reported reserves and unpaid loss adjustment expenses shall not be discounted.

Section 83.5 is repealed.

 

        I, Gregory V. Serio, Superintendent of Insurance of the State of New York, do hereby certify that the foregoing is the Second Amendment to Part 83 of Title 11 of the Official Compilation of Codes, Rules and Regulations of the State of New York (Regulation 172), entitled "Financial Statement Filings and Accounting Practices and Procedures", promulgated by me on September 4, 2003, pursuant to the authority granted by Sections 107(a)(2), 201, 301, 307, 308, 1109, 1301, 1302, 1308, 1404, 1405, 1407, 1411, 1414, 1501, 1505, 3233, 4117, 4233, 4239, 4301, 4310, 4321-a, 4322-a, 4327 and 6404 of the Insurance Law, Sections 4403, 4403-a, 4403-c(12) and 4408-a of the Public Health Law, and Chapter 599 of the Laws of 2002, to take effect upon publication in the State Register.

        Pursuant to the provisions of the State Administrative Procedure Act, prior notice of the proposed regulation was published in the State Register on July 2, 2003. No other publication or prior notice is required by statute.

 

__________________________________________

Gregory V. Serio
Superintendent of Insurance

September 4, 2003