416-A:12 Net Retained Liability. –
The net retained liability of any title insurance company under any single insurance risk as defined in RSA 416-A:2, IX and X, shall not exceed 50 percent of the net amount remaining after deducting from the sum of its capital, surplus, unearned premium reserve, and voluntary reserves, the value, if any, assigned in such summation to its title plant, all as shown in its most recent report on file with the commissioner. The same limitation shall apply to any secondary risk assumed by means of reinsurance or to any policy of excess coinsurance except, whenever the primary retained liability of a ceding company shall equal or exceed 10 percent of the single insurance risk liability, the net retained or assumed liability limit of this section may be increased by an additional $250,000, but in no event above 100 percent of the net amount remaining after deducting from the sum of its capital and surplus, the value, if any, assigned in such summation to its title plant, all as shown by its most recent report on file with the commissioner. Nothing in this section is intended to limit the amount of a single insurance risk, as defined in RSA 416-A:2, IX that may be written by a title insurance company; but it shall cede to one or more other title reinsurers on or before the effective date of such writing, such portion or portions of the said risk as shall be sufficient to bring its net retained liability thereunder within the limits prescribed in this section; and each such cession of risk shall be within the limits of this section as applied to the sum of the capital, surplus, unearned premium reserve, and voluntary reserves, less the value, if any, assigned in such summation to the title plants of the reinsuring company, as shown by its most recent report on file with the supervisory agency in the state of its domicile.