Section 16: Technical reserves
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
16. Technical reserves
(1) An insurer shall make adequate technical provisions in its accounts
for its underwriting liabilities in respect of its insurance policies, whether long
term or general, as the case may be, including liabilities for unexpired risks,
outstanding and incurred claims, provisions for claims incurred but not reported, and liabilities for policy benefits which have not become claimable,
computed in accordance with a method specified in solvency rules.
(2) An insurer shall at all times hold unencumbered assets to the value of
its technical provisions and after making adequate provisions for all its other
liabilities.
(3) The assets covering the technical provisions shall take account of the
insurance business and the classes or part of classes of business carried on
by the insurer in such a way as to secure the safety, yield and marketability
of its investments, which the insurer shall ensure are diversified and adequately spread in accordance with solvency rules.
(4) Solvency rules made for the purpose of this section may provide that,
for any specified purpose, assets or liabilities of any specified class or description shall be left out of account or shall be taken into account only to a
specified extent.
[S. 16 amended by s. 10 of Act 16 of 2007 w.e.f. 28 September 2007.]
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Questions this section answers
- Must an insurer set aside reserves to cover claims that haven't been settled yet?