Section 27-5B-19 – Rulemaking Authority.
Section 27-5B-19 Rulemaking authority. (a) The commissioner may adopt rules implementing this chapter. (b) In addition to the authority of the commissioner pursuant to subsection (a), the commissioner may adopt rules applicable to reinsurance arrangements as provided in this subsection. (1) A rule adopted pursuant to this subsection may apply only to reinsurance relating to […]
Section 27-5B-20 – Reinsurance Agreements Affected.
Section 27-5B-20 Reinsurance agreements affected. The amendments of this chapter and the additions to this chapter by Act 2021-235 shall apply to all cessions after January 1, 2022, under reinsurance agreements that have an inception, anniversary, or renewal date on or after July 1, 2022. (Act 2021-235, §2.)
Section 27-5B-9 – Credit for Reinsurance Required by Law.
Section 27-5B-9 Credit for reinsurance required by law. Credit shall be allowed when the reinsurance is ceded to an assuming insurer not meeting the requirements of Section 27-5B-4, 27-5B-5, 27-5B-6, 27-5B-7, 27-5B-8, or 27-5B-8.1, but only as to the insurance of risks located in jurisdictions where the reinsurance is required by applicable law or regulation […]
Section 27-5B-10 – Reinsurer Not Licensed, Accredited or Certified – Additional Reinsurance Agreement Requirements.
Section 27-5B-10 Reinsurer not licensed, accredited or certified – Additional reinsurance agreement requirements. (a) If the assuming insurer is not licensed, accredited or certified to transact insurance or reinsurance in this state, the credit permitted by Sections 27-5B-6 and 27-5B-7 shall not be allowed unless the assuming insurer agrees in the reinsurance agreements: (1) That […]
Section 27-5B-11 – Reinsurer Not Licensed, Accredited, or Certified – Additional Trust Agreement Requirements.
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, 27-5B-6, or 27-5B-8.1, 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) […]
Section 27-5B-12 – Accredited or Certified Reinsurer Ceasing to Meet Requirements.
Section 27-5B-12 Accredited or certified reinsurer ceasing to meet requirements. (a) If an accredited or certified reinsurer ceases to meet the requirements for accreditation or certification, the commissioner may suspend or revoke the reinsurer’s accreditation or certification. (b) The commissioner must give the reinsurer notice and opportunity for hearing. The suspension or revocation may not […]
Section 27-5B-13 – Concentration Risk.
Section 27-5B-13 Concentration risk. (a) A ceding insurer shall take steps to manage its reinsurance recoverables proportionate to its own book of business. A domestic ceding insurer shall notify the commissioner within 30 days after reinsurance recoverables from any single assuming insurer, or group of affiliated assuming insurers, exceeds 50 percent of the domestic ceding […]
Section 27-5B-14 – Asset or Reduction From Liability for Reinsurance Ceded by a Domestic Insurer to an Assuming Insurer Not Meeting the Requirements of Sections 27-5b-3 Through 27-5b-13.
Section 27-5B-14 Asset or reduction from liability for reinsurance ceded by a domestic insurer to an assuming insurer not meeting the requirements of Sections 27-5B-3 through 27-5B-13. (a) An asset or a reduction from liability for the reinsurance ceded by a domestic insurer to an assuming insurer not meeting the requirements of Section 27-5B-3, 27-5B-4, […]
Section 27-5B-15 – Qualified u.s. Financial Institutions.
Section 27-5B-15 Qualified U.S. financial institutions. (a) For purposes of subdivision (3) of Section 27-5B-14, a qualified U.S. financial institution means an institution that meets all of the following: (1) Is organized or, in the case of a U.S. office of a foreign banking organization, licensed, under the laws of the United States or any […]
Section 27-5B-1 – Purpose.
Section 27-5B-1 Purpose. The purpose of this chapter is to protect the interest of insureds, claimants, ceding insurers, assuming insurers, and the public generally. The Legislature declares its intent is to ensure adequate regulation of insurers and reinsurers and adequate protection for those to whom they owe obligations. In furtherance of that state interest, the […]