27-5B-16
Section 27-5B-16 Insolvency clause. Except as provided in Section 27-5B-17, no credit shall
be allowed, as an admitted asset or deduction from liability, to any ceding insurer for reinsurance
placed with a reinsurer qualified under this chapter, unless the reinsurance contract provides,
in substance, that in the event of the insolvency of the ceding insurer, the reinsurance shall
be payable under a contract reinsured by the assuming insurer on the basis of reported claims
allowed by the liquidation court, without diminution because of the insolvency of the ceding
insurer. The payments shall be made directly to the ceding insurer or to its domiciliary liquidator
except in either of the following instances: (1) Where the contract or other written agreement
specifically provides another payee of the reinsurance in the event of the insolvency of the
ceding insurer. (2) Where the assuming insurer, with the consent of the direct insured, has
assumed the policy obligations of the ceding...
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27-5B-11
Section 27-5B-11 Reinsurer not licensed, accredited, or certified - Additional trust agreement
requirements. If the assuming insurer does not meet the requirements of Section 27-5B-4, 27-5B-5,
or 27-5B-6, the credit permitted by Section 27-5B-7 or 27-5B-8 shall not be allowed unless
the assuming insurer agrees in the trust agreements to the following conditions: (1) Notwithstanding
any other provisions in the trust instrument, if the trust fund is inadequate because it contains
an amount less than the amount required by subsection (c) of Section 27-5B-7, or if the grantor
of the trust has been declared insolvent or placed into receivership, rehabilitation, liquidation,
or similar proceedings under the laws of its state or country of domicile, the trustee shall
comply with an order of the commissioner with regulatory oversight over the trust or with
an order of a court of competent jurisdiction directing the trustee to transfer to the commissioner
with regulatory oversight all of the...
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27-5B-5
Section 27-5B-5 Accredited reinsurer. Credit shall be allowed when the reinsurance is ceded
to an assuming insurer that is accredited by the commissioner as a reinsurer in this state.
In order to be eligible for accreditation, a reinsurer must do all of the following: (1) File
with the commissioner evidence of its submission to this state's jurisdiction. (2) Submit
to this state's authority to examine its books and records. (3) Be licensed to transact insurance
or reinsurance in at least one state, or in the case of a U.S. branch of an alien assuming
insurer, be entered through and licensed to transact insurance or reinsurance in at least
one state. (4) File annually with the commissioner a copy of its annual statement filed with
the insurance department of its state of domicile and a copy of its most recent audited financial
statement. (5) Demonstrate to the satisfaction of the commissioner that it has adequate financial
capacity to meet its reinsurance obligations and is otherwise...
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27-32-39
Section 27-32-39 Priority of claims of policyholders and beneficiaries - Reinsuring of policies.
(a) When, upon hearing, the circuit court having jurisdiction of a receivership shall determine
it to be in the best interest of the policyholders and the public, the court may order and
direct the receiver to reinsure the policies of the insurer with a solvent insurer to the
extent of the assets available in the receivership. The circuit court is hereby empowered
to place a lien or moratorium against policy benefits and values as necessary to reinsure
all policyholders as fully as possible to the extent of assets available and to order the
receiver to transfer such assets as determined adequate, necessary, or available to reinsure
policies of the insolvent insurer with a solvent insurer, to the exclusion of general creditors
should no assets remain thereafter. (b) Except as provided in subsection (c), reinsurance
shall be payable under a contract reinsured by the assuming insurer on the...
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27-34-33
Section 27-34-33 Reinsurance. A domestic society may, by a reinsurance agreement, cede any
individual risk or risks, in whole or in part, to an insurer, other than another fraternal
benefit society, having the power to make such reinsurance and authorized to do business in
this state or, if not so authorized, one which is approved by the commissioner; but no such
society may reinsure substantially all of its insurance in force without the written permission
of the commissioner. It may take credit for the reserves on such ceded risks to the extent
reinsured, but no credit shall be allowed as an admitted asset or as a deduction from liability
to a ceding society for reinsurance made, ceded, renewed, or otherwise becoming effective
after January 1, 1972, unless the reinsurance is payable by the assuming insurer on the basis
of the liability of the ceding society under the contract, or contracts, reinsured without
diminution because of the insolvency of the ceding society. (Acts 1923, No....
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27-5A-5
Section 27-5A-5 Books and records; reinsurance intermediary-brokers. (a) For at least 10 years
after expiration of each contract of reinsurance transacted by the reinsurance intermediary-broker,
the reinsurance intermediary-broker shall keep a complete record for each transaction showing
all of the following: (1) The type of contract, limits, underwriting restrictions, classes,
or risks and territory. (2) Period of coverage, including effective and expiration dates,
cancellation provisions, and notice required of cancellation. (3) Reporting and settlement
requirements of balances. (4) Rate used to compute the reinsurance premium. (5) Names and
addresses of assuming reinsurers. (6) Rates of all reinsurance commissions, including the
commissions on any retrocessions handled by the reinsurance intermediary-broker. (7) Related
correspondence and memoranda. (8) Proof of placement. (9) Details regarding retrocessions
handled by the reinsurance intermediary-broker including the identity of...
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27-41-27
Section 27-41-27 Particular investments - Securities, etc., of foreign countries. (a) An insurer
may invest in securities or other investments (1) issued in, (2) located in, (3) denominated
in the currency of, (4) whose ultimate payment amounts of principal or interest are subject
to fluctuations in the currency of, or (5) whose obligors are domiciled in countries other
than the United States or Canada, which are substantially of the same kinds and classes as
those authorized for investment under this chapter. (b) Subject to the limitations in subsection
(c): (1) An investment of an insurer authorized under subsection (a) in any one foreign jurisdiction
whose sovereign debt has a 1 designation from the Securities Valuation Office shall not exceed
10 percent of the admitted assets of the insurer. (2) An investment of an insurer authorized
under subsection (a) in any one foreign jurisdiction whose sovereign debt has a 2 or 3 designation
from the Securities Valuation Office may not exceed...
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27-6-15
Section 27-6-15 Release of deposit - Generally. (a) All deposits in this state made under this
title shall be held on deposit as long as there is outstanding any liability of the insurer
with respect to which the deposit was made. (b) Any such deposit shall be released and returned:
(1) To the insurer upon extinguishment by reinsurance in an insurer authorized to transact
such insurance in this state, or otherwise, of all liability of the insurer for the security
of which the deposit is held; (2) To the insurer during solvency, to the extent such deposit
is in excess of the amount required; or (3) Upon proper order of a court of competent jurisdiction,
to the receiver, conservator, rehabilitator, or liquidator of the insurer or to any other
properly designated official, or officials, who succeed to the management and control of the
insurer's assets. (c) The Treasurer shall release any such deposit, or part thereof, upon
written authorization of the commissioner and of the insurer or...
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27-5A-4
Section 27-5A-4 Required contract provisions; reinsurance intermediary-brokers. Transactions
between a reinsurance intermediary-broker and the insurer it represents in that capacity shall
only be entered into pursuant to a written authorization, specifying the responsibilities
of each party. The authorization shall, at a minimum, provide that: (1) The insurer may terminate
the reinsurance intermediary-broker's authority at any time. (2) The reinsurance intermediary-broker
shall render accounts to the insurer accurately detailing all material transactions, including
information necessary to support all commissions, charges, and other fees received by, or
owing, to the reinsurance intermediary-broker, and remit all funds due to the insurer within
30 days of receipt. (3) All funds collected for the insurer's account shall be held by the
reinsurance intermediary-broker in a fiduciary capacity in a bank which is a qualified U.S.
financial institution as defined herein. (4) The reinsurance...
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27-27-13
Section 27-27-13 Deposit of solicitation permit funds in escrow - Withdrawal and refund. The
commissioner shall withdraw all funds held in escrow under Section 27-27-12, and refund to
securities subscribers or purchasers all sums paid in on securities subscriptions, less that
part of such sums paid in as has been allowed and used for promotion, sales, and organization
expenses, and shall dissolve the proposed domestic insurer, corporation, syndicate, or organization
if: (1) It fails to complete its organization or financing and obtain full payment for subscriptions
and, if to be an insurer, it fails to secure its certificate of authority, all before expiration
of the solicitation permit; or (2) The commissioner revokes the solicitation permit. (Acts
1971, No. 407, p. 707, §509.)...
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