{"data":{"id":"us-nc/n.c.-gen.-stat.-58-10-135","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 58-10-135","heading":"Contingency reserve for mortgage guaranty insurers.","body":"(a)\tSubject to G.S. 58-7-21, a mortgage guaranty insurer shall make an annual contribution to the contingency reserve which in the aggregate shall be fifty percent (50%) of the net earned mortgage guaranty premium reported in the annual statement.\n(b)\tRepealed by Session Laws 2007-127, s. 6, effective July 1, 2007.\n(c)\tThe contingency reserve established by this section shall be maintained for 120 months and reported in the financial statements as a liability. That portion of the contingency reserve established and maintained for more than 120 months shall be released and shall no longer constitute part of the contingency reserve.\n(d)\tWith the approval of the Commissioner, withdrawals may be made from the contingency reserve when incurred losses and incurred loss expenses exceed thirty-five percent (35%) of the net earned premium. On a quarterly basis, provisional withdrawals may be made from the contingency reserve in an amount not to exceed seventy-five percent (75%) of the withdrawal calculated in accordance with this subsection.\n(e)\tWith the approval of the Commissioner, a mortgage guaranty insurer may withdraw from the contingency reserve any amounts which are in excess of the minimum policyholders position as filed with the most recently filed annual statement. In reviewing a request for withdrawal pursuant to this subsection, the Commissioner may consider loss development and trends. If any portion of the contingency reserve for which withdrawal is requested pursuant to this subsection is maintained by a reinsurer, the Commissioner may also consider the financial condition of the reinsurer. If any portion of the contingency reserve for which withdrawal is requested pursuant to this subsection is maintained in a segregated account or segregated trust and such withdrawal would result in funds being removed from the segregated account or segregated trust, the Commissioner may also consider the financial condition of the reinsurer.\n(f)\tReleases and withdrawals from the contingency reserve shall be accounted for on a first-in-first-out basis as prescribed by the Commissioner.\n(g)\tThe calculations to develop the contingency reserve shall be made in the following sequence:\n(1)\tThe additions required by subsection (a) of this section;\n(2)\tThe releases permitted by subsection (c) of this section;\n(3)\tThe withdrawals permitted by subsection (d) of this section; and\n(4)\tThe withdrawals permitted by subsection (e) of this section.\n(h)\tWhenever the laws or regulations of another jurisdiction in which a mortgage guaranty insurer, subject to the requirements of this Part is licensed, require a larger unearned premium reserve or a larger contingency reserve in the aggregate than that set forth in this Part, the establishment and maintenance of the larger unearned premium reserve or contingency reserve shall be deemed to be in compliance with this Part. (2001-223, s. 11; 2001-334, ss. 16.2, 16.3; 2007-127, s. 6.)","path":["Chapter 58. Insurance.","Article 10. Miscellaneous Insurer Financial Provisions.","Part 5. Mortgage Guaranty Insurance."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_58/GS_58-10-135.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T18:06:53Z","sha256":"4169c0cdf2439ce07914fa8398e4cdec4e83dcfc6b6268c92693a0b5211276f5","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-58-10-130","next":"us-nc/n.c.-gen.-stat.-58-10-140"},"notice":"GroundRules: Original legal text. Not legal advice."}