SECTION 38-90-75. Discounting of loss and loss adjustment expense reserves.

(A) A captive insurance company shall file annually an actuarial opinion on loss and loss adjustment expense reserves provided by an independent actuary. The actuary may not be an employee of the captive company or its affiliates. (B) A captive insurance company may discount its loss and loss adjustment expense reserves with prior written approval by the director. (C) The director may disallow the discounting of loss and loss adjustment expense reserves if a captive insurance company violates a provision of this title. (D) The director may allow a sponsored captive insurance company to file one actuarial opinion pursuant to this section on a consolidated basis covering the sponsored captive insurance company and its unincorporated protected cells and incorporated protected cells. Effect of Amendment 2018 Act No. 251, SECTION 1, redesignated former (A) as (B) and former (B) as (A), and in (B), deleted "or his designee" from the end. 2025 Act No. 62, SECTION 7, added (D).