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KRS 304.6-040

Liabilities, in general

Known as the Standard Valuation Law

The act spans §§ 304–304 (30 sections).

Applied in 3 court decisions — leading case Monumental Life Insurance Co. v. Department of Revenue (2008)

Most recently applied in Monumental Life Insurance Co. v. Department of Revenue (June 2008)

Effective: July 15, 2010 History: Amended 2010 Ky

How often courts cite this section

19932000200810
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

In any determination of the financial condition of an insurer, capital stock and liabilities to be charged against its assets shall include:

(1) The amount of its capital stock outstanding, if any, less the amount of shares held by the insurer as treasury stock as provided in subsection (3) of KRS 304.6-020;

(2) The amount, estimated consistent with the provisions of Subtitle 6, necessary to pay all of its unpaid losses and claims incurred on or prior to the date of statement, whether reported or unreported, together with the expenses of adjustment or settlement thereof;

(3) With reference to life insurance policies and annuity contracts, and disability and accidental death benefits in or supplemental thereto:

(a) The amount of reserves on life insurance policies and annuity contracts in force, valued according to the tables of mortality, rates of interest, and methods adopted pursuant to KRS 304.6-130 to 304.6-180, inclusive;

(b) Reserves for disability benefits, for both active and disabled lives required by paragraph (e) of subsection (2) of KRS 304.6-140;

(c) Reserves for accidental death benefits, required by paragraph (f) of subsection (2) of KRS 304.6-140; and (d) Any additional reserves which may be required by the commissioner consistent with applicable customary and general practice in insurance accounting as set forth in regulations promulgated by the commissioner but no such additional reserve shall be required of any company solely for contingent liabilities which may arise under any agreement, filed with and approved by the commissioner, for the assumption of liability by the company growing out of the acts of its exclusive agents within the course and scope of their representation;

(4) Reserves for health insurance required by KRS 304.6-070;

(5) With reference to insurance other than specified in subsections (3) and (4) of this section, and other than title insurance, the amount of the policy reserves computed in accordance with Subtitle 6;

(6) Taxes, expenses and other obligations due or accrued at the date of the statement; and (7) Deferred tax liabilities as defined in SSAP No. 10.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.