# Insurance (GIN)

## Title 5. Assets, Liabilities, Reserves, and Investments of Insurers

### Subtitle 10. Limitation of Risk

#### Section 5-1003

(a)

  (1) Subject to Sec. 5-1004 of this subtitle and except as provided under Sec. 5-1005 of this subtitle, an insurer may not retain a risk on any one subject of insurance, whether located or to be performed in the State or outside of the State, in an amount exceeding 10% of the insurer's surplus to policyholders.

  (2) An insurer's surplus to policyholders shall be determined at the time a risk is assumed from the more recent of:

    (i) the last sworn statement of the insurer on file with the Commissioner; or

    (ii) the last examination report of the insurer.

(b) In determining the amount of risk retained by an insurer, a deduction shall be made for reinsurance ceded by the insurer for which credit is allowed under Sec. 5-904 of this title.

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Md. Code Ann., Ins. (as displayed at mgaleg.maryland.gov, October 16, 2026)