Bill Text: DE HB346 | 2011-2012 | 146th General Assembly | Draft
Bill Title: An Act To Amend Title 18 Of The Delaware Code Relating To Reinsurance.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2012-07-27 - Signed by Governor [HB346 Detail]
Download: Delaware-2011-HB346-Draft.html
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SPONSOR: |
Rep. B. Short & Sen. Bushweller |
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HOUSE OF REPRESENTATIVES 146th GENERAL ASSEMBLY |
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HOUSE BILL NO. 346 |
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AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO REINSURANCE. |
Section 1.Amend §910, Title 18 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
§910. Reinsurance.
Any authorized insurer may reinsure
all or any part of an individual risk or of a particular class of risks in any
other insurer, or accept such reinsurance from any other insurer.,
and, with the Commissioner's consent, may reinsure all of its risks in any
other authorized insurer or reinsure all of the risks of any other insurer.Domestic
insurers will be subject to §4944 of this title with regard to bulk
reinsurance.
Section 2.Amend §911, Title 18 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
§ 911. Credit allowed a domestic ceding insurer.
Credit for reinsurance shall be
allowed a domestic ceding insurer as either an asset or a deduction from
liability on account of reinsurance ceded only when the reinsurer meets the
requirements of subdivision (1), (2), (3), (4) or (5) of this section. If
meeting the requirements of subdivision (3) or (4) of this section, the
requirements of subdivision (6) of this section must also be met.
(1) Credit shall be
allowed when the reinsurance is ceded to an assuming insurer which is licensed
to transact insurance or reinsurance in this State.
(2) Credit shall be
allowed when the reinsurance is ceded to an assuming insurer which is
accredited as a reinsurer in this State. An accredited reinsurer is one which:
a. Files with the
Commissioner evidence of its submission to this State's jurisdiction;
b. Submits to this
State's authority to examine its books and records;
c. Is licensed to
transact insurance or reinsurance in at least 1 state, or in the case of a
United States branch of an alien assuming insurer is entered through and
licensed to transact insurance and reinsurance in at least 1 state;
d. Files 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; and either:
1. Maintains a surplus
as regards policyholders in an amount which is not less than $20,000,000 and
whose accreditation has not been denied by the Commissioner within 90 days of
its submission; or
2. Maintains a surplus
as regards policyholders in an amount less than $20,000,000 and whose
accreditation has been approved by the Commissioner.
No credit shall be
allowed a domestic ceding insurer if the assuming insurer's accreditation has
been revoked by the Commissioner after notice and hearing.
(3) Credit shall be
allowed when the reinsurance is ceded to an assuming insurer which is domiciled
and licensed in, or in the case of a United States branch of an alien assuming
insurer is entered through, a state which employs standards regarding credit
for reinsurance substantially similar to those applicable under this statute
and the assuming insurer or United States branch of an alien assuming insurer:
a. Maintains a surplus
as regards policyholders in an amount not less than $20,000,000; and
b. Submits to the
authority of this State to examine its books and records.
Provided, however, that
the requirement of sub-subdivision a of this subdivision does not apply to
reinsurance ceded and assumed pursuant to pooling arrangements among insurers
in the same holding company system.
(4)a. Credit shall be
allowed when the reinsurance is ceded to an assuming insurer which maintains a
trust fund in a qualified United States financial institution, as defined in §
913(b) of this title, exclusively for the payment of the valid claims of its
United States policyholders and ceding insurers, their assigns and successors
in interest. The assuming insurer shall report annually to the Commissioner
information substantially the same as that required to be reported on the NAIC
annual statement form by licensed insurers to enable the Commissioner to
determine the sufficiency of the trust fund. In the case of a single assuming
insurer, the trust shall consist of a trusteed account representing the
assuming insurer's liabilities attributable to business written in the United
States and, in addition, the assuming insurer shall maintain a trusteed surplus
of not less than $20,000,000. In the case of a group, including incorporated and
individual unincorporated underwriters, the trust shall consist of a trusteed
account representing the group's liabilities attributable to business written
in the United States and, in addition, the group shall maintain a trusteed
surplus of which $100,000,000 shall be held jointly for the benefit of United
States ceding insurers of any member of the group. The incorporated members of
the group shall not be engaged in any business other than underwriting as a
member of the group and shall be subject to the same level of solvency
regulation and control by the group's domiciliary regulator as are the
unincorporated members. The group shall make available to the Commissioner an
annual certification of the solvency of each underwriter by the group's domiciliary
regulator and its independent public accountant.
b. In the case of a
group of incorporated insurers under common administration which complies with
the filing requirements contained in sub-subdivision a of this subdivision, and
which has continuously transacted an insurance business outside the United
States for at least 3 years immediately prior to making application for
accreditation, and submits to this State's authority to examine its books and
records and bears the expense of the examination, and which has aggregate
policyholders' surplus of $10,000,000,000, the trust shall be in amount equal
to the group's several liabilities attributable to business ceded by United
States ceding insurers to any member of the group pursuant to reinsurance
contracts issued in the name of such group; plus the group shall maintain a
joint trusteed surplus of which $100,000,000 shall be held jointly for the
benefit of United States ceding insurers of any member of the group as
additional security for any such liabilities, and each member of the group
shall make available to the Commissioner an annual certification of the
member's solvency by the member's domiciliary regulator and its independent
public accountant.
c. Such trust shall be
established in a form approved by the Commissioner. The trust instrument shall
provide that contested claims shall be valid and enforceable upon the final
order of any court of competent jurisdiction in the United States. The trust
shall vest legal title to its assets in the trustees of the trust for its
United States policyholders and ceding insurers, their assigns and successors
in interest. The trust and the assuming insurer shall be subject to examination
as determined by the Commissioner. The trust described herein must remain in effect
for as long as the assuming insurer shall have outstanding obligations due
under the reinsurance agreements subject to the trust.
d. No later than
February 28 of each year the trustees of the trust shall report to the
Commissioner in writing setting forth the balance of the trust and listing the
trust's investments at the preceding year end and shall certify the date of
termination of the trust, if so planned, or certify that the trust shall not
expire prior to the next following December 31.
(5) Credit shall be
allowed when the reinsurance is ceded to an assuming insurer not meeting the
requirements of subdivision (1), (2), (3) or (4) of this section but only with
respect to the insurance of risks located in jurisdictions where such
reinsurance is required by applicable law or regulation of that jurisdiction.
(6) If the assuming
insurer is not licensed or accredited to transact insurance or reinsurance in
this State, the credit permitted by subdivisions (3) and (4) of this section
shall not be allowed unless the assuming insurer agrees in the reinsurance
agreements:
a. That in the event of
the failure of the assuming insurer to perform its obligations under the terms
of the reinsurance agreement, the assuming insurer, at the request of the
ceding insurer, shall submit to the jurisdiction of any court of competent
jurisdiction in any state of the United States, will comply with all
requirements necessary to give such court jurisdiction, and will abide by the
final decision of such court or of any appellate court in the event of an
appeal; and
b. To designate the
Commissioner or a designated attorney as its true and lawful attorney upon whom
may be served any lawful process in any action, suit or proceeding instituted
by or on behalf of the ceding company.
This
provision is not intended to conflict with or override the obligation of the
parties to a reinsurance agreement to arbitrate their disputes, if such an
obligation is created in the agreement.
Credit for reinsurance shall be allowed a domestic ceding insurer as either an asset or a reduction from liability on account of reinsurance ceded only when the reinsurer meets the requirements of subsections (1), (2), (3), (4), (5) or (6) of this section. Credit shall be allowed under subsections (1), (2) or (3) of this section only as respects cessions of those kinds or classes of business which the assuming insurer is licensed or otherwise permitted to write or assume in its state of domicile or, in the case of a U.S. branch of an alien assuming insurer, in the state through which it is entered and licensed to transact insurance or reinsurance. Credit shall be allowed under subsections (3) or (4) of this section only if the applicable requirements of subsection (7) have been satisfied.
(1) Credit shall be allowed when the reinsurance is ceded to an assuming insurer that is licensed to transact insurance or reinsurance in this State.
(2) 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:
a. File with the Commissioner evidence of its submission to this State's jurisdiction;
b. Submit to this State's authority to examine its books and records;
c. 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;
d. 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; and
e. Demonstrate to the satisfaction of the Commissioner that it has adequate financial capacity to meet its reinsurance obligations and is otherwise qualified to assume reinsurance from domestic insurers. An assuming insurer is deemed to meet this requirement as of the time of its application if it maintains a surplus as regards policyholders in an amount not less than $20,000,000 and its accreditation has not been denied by the Commissioner within ninety (90) days after submission of its application.
(3) a. Credit shall be allowed when the reinsurance is ceded to an assuming insurer that is domiciled in, or in the case of a U.S. branch of an alien assuming insurer is entered through, a state that employs standards regarding credit for reinsurance substantially similar to those applicable under this statute and the assuming insurer or U.S. branch of an alien assuming insurer:
(A) Maintains a surplus as regards policyholders in an amount not less than $20,000,000; and
(B) Submits to the authority of this state to examine its books and records.
b. The requirement of paragraph a.(A) of this subsection (3) does not apply to reinsurance ceded and assumed pursuant to pooling arrangements among insurers in the same holding company system.
(4) a. Credit shall be allowed when the
reinsurance is ceded to an assuming insurer that maintains a trust fund in a
qualified U.S. financial institution, as defined in §913(b) of this title, for
the payment of the valid claims of its U.S. ceding insurers, their assigns and
successors in interest. To enable the Commissioner to determine the sufficiency
of the trust fund, the assuming insurer shall report annually to the
Commissioner information substantially the same as that required to be reported
on the NAIC Annual Statement form by licensed insurers. The assuming insurer
shall submit to examination of its books and records by the Commissioner and
bear the expense of examination.
b. (A) Credit for reinsurance shall not be granted under this subsection unless the form of the trust and any amendments to the trust have been approved by:
(i) The Commissioner of the state where the trust is domiciled; or
(ii) The Commissioner of another state who, pursuant to the terms of the trust instrument, has accepted principal regulatory oversight of the trust.
(B) The form of the trust and any trust amendments also shall be filed with the Commissioner of every state in which the ceding insurer beneficiaries of the trust are domiciled. The trust instrument shall provide that contested claims shall be valid and enforceable upon the final order of any court of competent jurisdiction in the United States. The trust shall vest legal title to its assets in its trustees for the benefit of the assuming insurer's U.S. ceding insurers, their assigns and successors in interest. The trust and the assuming insurer shall be subject to examination as determined by the Commissioner.
(C) The
trust shall remain in effect for as long as the assuming insurer has
outstanding obligations due under the reinsurance agreements subject to the
trust. No later than February 28 of each year the trustee of the trust shall
report to the Commissioner in writing the balance of the trust and listing the
trust's investments at the preceding year-end and shall certify the date of
termination of the trust, if so planned, or certify that the trust will not
expire prior to the following December 31.
c. The following requirements apply to the following categories of assuming insurer:
(A) The trust fund for a single assuming insurer shall consist of funds in trust in an amount not less than the assuming insurer's liabilities attributable to reinsurance ceded by U.S. ceding insurers, and, in addition, the assuming insurer shall maintain a trusteed surplus of not less than $20,000,000, except as provided in paragraph c.(B) of this subsection (4).
(B) At any time after the assuming insurer has permanently discontinued underwriting new business secured by the trust for at least three full years, the Commissioner with principal regulatory oversight of the trust may authorize a reduction in the required trusteed surplus, but only after a finding, based on an assessment of the risk, that the new required surplus level is adequate for the protection of U.S. ceding insurers, policyholders and claimants in light of reasonably foreseeable adverse loss development.The risk assessment may involve an actuarial review, including an independent analysis of reserves and cash flows, and shall consider all material risk factors, including when applicable the lines of business involved, the stability of the incurred loss estimates and the effect of the surplus requirements on the assuming insurer's liquidity or solvency.The minimum required trusteed surplus may not be reduced to an amount less than thirty percent (30%) of the assuming insurer's liabilities attributable to reinsurance ceded by U.S. ceding insurers covered by the trust.
(C) (i) In the case of a group including incorporated and individual unincorporated underwriters:
1. For reinsurance ceded under reinsurance agreements with an inception, amendment or renewal date on or after January 1, 1993, the trust shall consist of a trusteed account in an amount not less than the respective underwriters' several liabilities attributable to business ceded by U.S. domiciled ceding insurers to any underwriter of the group;
2. For reinsurance ceded under reinsurance agreements with an inception date on or before December 31, 1992, and not amended or renewed after that date, not-withstanding the other provisions of this Act, the trust shall consist of a trusteed account in an amount not less than the respective underwriters' several insurance and reinsurance liabilities attributable to business written in the United States; and
3. In addition to these trusts, the group shall maintain in trust a trusteed surplus of which $100,000,000 shall be held jointly for the benefit of the U.S. domiciled ceding insurers of any member of the group for all years of account; and
(ii) The incorporated members of the group shall not be engaged in any business other than underwriting as a member of the group and shall be subject to the same level of regulation and solvency control by the group's domiciliary regulator as are the unincorporated members.
(iii) Within ninety (90) days after its financial statements are due to be filed with the group's domiciliary regulator, the group shall provide to the Commissioner an annual certification by the group's domiciliary regulator of the solvency of each underwriter member; or if a certification is unavailable, financial statements, prepared by independent public accountants, of each underwriter member of the group.
(D) In the case of a group of incorporated underwriters under common administration, the group shall:
(i) Have continuously transacted an insurance business outside the United States for at least three (3) years immediately prior to making application for accreditation;
(ii) Maintain aggregate policyholders' surplus of at least $10,000,000,000;
(iii) Maintain a trust fund in an amount not less than the group's several liabilities attributable to business ceded by U.S. domiciled ceding insurers to any member of the group pursuant to reinsurance contracts issued in the name of the group;
(iv) In addition, maintain a joint trusteed surplus of which $100,000,000 shall be held jointly for the benefit of U.S. domiciled ceding insurers of any member of the group as additional security for these liabilities; and
(v) Within ninety (90) days after its financial statements are due to be filed with the group's domiciliary regulator, make available to the Commissioner an annual certification of each underwriter member's solvency by the member's domiciliary regulator and financial statements of each underwriter member of the group prepared by its independent public accountant.
(5) Credit shall be allowed when the reinsurance is ceded to an assuming insurer that has been certified by the Commissioner as a reinsurer in this state and secures its obligations in accordance with the requirements of this subsection.
a. In order to be eligible for certification, the assuming insurer shall meet the following requirements:
(A) The assuming insurer must be domiciled and licensed to transact insurance or reinsurance in a qualified jurisdiction, as determined by the Commissioner pursuant to paragraph c. of this subsection (5);
(B) The assuming insurer must maintain minimum capital and surplus, or its equivalent, in an amount to be determined by the Commissioner pursuant to regulation;
(C) The assuming insurer must maintain financial strength ratings from two or more rating agencies deemed acceptable by the Commissioner pursuant to regulation;
(D) The assuming insurer must agree to submit to the jurisdiction of this state, appoint the Commissioner as its agent for service of process in this State, and agree to provide security for 100 percent of the assuming insurer's liabilities attributable to reinsurance ceded by U.S. ceding insurers if it resists enforcement of a final U.S. judgment;
(E) The assuming insurer must agree to meet applicable information filing requirements as determined by the Commissioner, both with respect to an initial application for certification and on an ongoing basis; and
(F) The assuming insurer must satisfy any other requirements for certification deemed relevant by the Commissioner.
b. An association including incorporated and individual unincorporated underwriters may be a certified reinsurer. In order to be eligible for certification, in addition to satisfying requirements of paragraph a. of this subsection (5):
(A) The association shall satisfy its minimum capital and surplus requirements through the capital and surplus equivalents (net of liabilities) of the association and its members, which shall include a joint central fund that may be applied to any unsatisfied obligation of the association or any of its members, in an amount determined by the Commissioner to provide adequate protection;
(B) The incorporated members of the association shall not be engaged in any business other than underwriting as a member of the association and shall be subject to the same level of regulation and solvency control by the association's domiciliary regulator as are the unincorporated members; and
(C) Within ninety (90) days after its financial statements are due to be filed with the association's domiciliary regulator, the association shall provide to the Commissioner an annual certification by the association's domiciliary regulator of the solvency of each underwriter member; or if a certification is unavailable, financial statements, prepared by independent public accountants, of each underwriter member of the association.
c. The Commissioner shall create and publish a list of qualified jurisdictions, under which an assuming insurer licensed and domiciled in such jurisdiction is eligible to be considered for certification by the Commissioner as a certified reinsurer.
(A) In order to determine whether the domiciliary jurisdiction of a non-U.S. assuming insurer is eligible to be recognized as a qualified jurisdiction, the Commissioner shall evaluate the appropriateness and effectiveness of the reinsurance supervisory system of the jurisdiction, both initially and on an ongoing basis, and consider the rights, benefits and the extent of reciprocal recognition afforded by the non-U.S. jurisdiction to reinsurers licensed and domiciled in the U.S. A qualified jurisdiction must agree to share information and cooperate with the Commissioner with respect to all certified reinsurers domiciled within that jurisdiction. A jurisdiction may not be recognized as a qualified jurisdiction if the Commissioner has determined that the jurisdiction does not adequately and promptly enforce final U.S. judgments and arbitration awards. Additional factors may be considered in the discretion of the Commissioner.
(B) A list of qualified jurisdictions shall be published through the NAIC Committee Process. The Commissioner shall consider this list in determining qualified jurisdictions. If the Commissioner approves a jurisdiction as qualified that does not appear on the list of qualified jurisdictions, the Commissioner shall provide thoroughly documented justification in accordance with criteria to be developed under regulations.
(C) U.S. jurisdictions that meet the requirement for accreditation under the NAIC financial standards and accreditation program shall be recognized as qualified jurisdictions.
(D) If a certified reinsurer's domiciliary jurisdiction ceases to be a qualified jurisdiction, the Commissioner has the discretion to suspend the reinsurer's certification indefinitely, in lieu of revocation.
d. The Commissioner shall assign a rating to each certified reinsurer, giving due consideration to the financial strength ratings that have been assigned by rating agencies deemed acceptable to the Commissioner pursuant to regulation. The Commissioner shall publish a list of all certified reinsurers and their ratings.
e. A certified reinsurer shall secure obligations assumed from U.S. ceding insurers under this subsection at a level consistent with its rating, as specified in regulations promulgated by the Commissioner.
(A) In order for a domestic ceding insurer to qualify for full financial statement credit for reinsurance ceded to a certified reinsurer, the certified reinsurer shall maintain security in a form acceptable to the Commissioner and consistent with the provisions of §912 of this title, or in a multibeneficiary trust in accordance with subsection (4) of this section, except as otherwise provided in this subsection.
(B) If a certified reinsurer maintains a trust to fully secure its obligations subject to subsection (4) of this section, and chooses to secure its obligations incurred as a certified reinsurer in the form of a multibeneficiary trust, the certified reinsurer shall maintain separate trust accounts for its obligations incurred under reinsurance agreements issued or renewed as a certified reinsurer with reduced security as permitted by this subsection or comparable laws of other U.S. jurisdictions and for its obligations subject to subsection (4) of this section. It shall be a condition to the grant of certification under this subsection (5) that the certified reinsurer shall have bound itself, by the language of the trust and agreement with the Commissioner with principal regulatory oversight of each such trust account, to fund, upon termination of any such trust account, out of the remaining surplus of such trust any deficiency of any other such trust account.
(C) The minimum trusteed surplus requirements provided in subsection (4) are not applicable with respect to a multibeneficiary trust maintained by a certified reinsurer for the purpose of securing obligations incurred under this subsection, except that such trust shall maintain a minimum trusteed surplus of $10,000,000.
(D) With respect to obligations incurred by a certified reinsurer under this subsection (5), if the security is insufficient, the Commissioner shall reduce the allowable credit by an amount proportionate to the deficiency, and has the discretion to impose further reductions in allowable credit upon finding that there is a material risk that the certified reinsurer's obligations will not be paid in full when due.
(E) For purposes of this subsection (5), a certified reinsurer whose certification has been terminated for any reason shall be treated as a certified reinsurer required to secure 100 percent of its obligations.
(i) As used in this subsection (5), the term "terminated" refers to revocation, suspension, voluntary surrender and inactive status.
(ii) If the Commissioner continues to assign a higher rating as permitted by other provisions of this section, this requirement does not apply to a certified reinsurer in inactive status or to a reinsurer whose certification has been suspended.
f. If an applicant for certification has been certified as a reinsurer in an NAIC accredited jurisdiction, the Commissioner has the discretion to defer to that jurisdiction's certification, and has the discretion to defer to the rating assigned by that jurisdiction, and such assuming insurer shall be considered to be a certified reinsurer in this state.
g. A certified reinsurer that ceases to assume new business in this State may request to maintain its certification in inactive status in order to continue to qualify for a reduction in security for its in-force business. An inactive certified reinsurer shall continue to comply with all applicable requirements of this subsection (5), and the Commissioner shall assign a rating that takes into account, if relevant, the reasons why the reinsurer is not assuming new business.
(6) Credit shall be allowed when the reinsurance is ceded to an assuming insurer not meeting the requirements of subsections (1), (2), (3), (4) or (5) of this section, but only as to the insurance of risks located in jurisdictions where the reinsurance is required by applicable law or regulation of that jurisdiction.
(7) If the assuming insurer is not licensed, accredited or certified to transact insurance or reinsurance in this State, the credit permitted by subsections (3) and (4) of this section shall not be allowed unless the assuming insurer agrees in the reinsurance agreements:
a. (A) That in the event of the failure of the assuming insurer to perform its obligations under the terms of the reinsurance agreement, the assuming insurer, at the request of the ceding insurer, shall submit to the jurisdiction of any court of competent jurisdiction in any state of the United States, will comply with all requirements necessary to give the court jurisdiction, and will abide by the final decision of the court or of any appellate court in the event of an appeal; and
(B) To designate the Commissioner or a designated attorney as its true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the ceding insurer.
b. This subsection (7) is not intended to conflict with or override the obligation of the parties to a reinsurance agreement to arbitrate their disputes, if this obligation is created in the agreement.
(8) If the assuming insurer does not meet the requirements of subsections (1), (2) or (3), the credit permitted by subsections (4) or (5) of this section shall not be allowed unless the assuming insurer agrees in the trust agreements to the following conditions:
a. 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 paragraph (4)c. of this section, 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 assets of the trust fund.
b. The assets shall be distributed by and claims shall be filed with and valued by the Commissioner with regulatory oversight in accordance with the laws of the state in which the trust is domiciled that are applicable to the liquidation of domestic insurance companies.
c. If the Commissioner with regulatory oversight determines that the assets of the trust fund or any part thereof are not necessary to satisfy the claims of the U.S. ceding insurers of the grantor of the trust, the assets or part thereof shall be returned by the Commissioner with regulatory oversight to the trustee for distribution in accordance with the trust agreement.
d. The grantor shall waive any right otherwise available to it under U.S. law that is inconsistent with this provision.
(9) 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.
a. The Commissioner must give the reinsurer notice and opportunity for hearing.The suspension or revocation may not take effect until after the Commissioner's order on hearing, unless:
(A) The reinsurer waives its right to hearing;
(B) The Commissioner's order is based on regulatory action by the reinsurer's domiciliary jurisdiction or the voluntary surrender or termination of the reinsurer's eligibility to transact insurance or reinsurance business in its domiciliary jurisdiction or in the primary certifying state of the reinsurer under paragraph (5)f. of this section; or
(C) The Commissioner finds that an emergency requires immediate action and a court of competent jurisdiction has not stayed the Commissioner's action.
b. While a reinsurer's accreditation or certification is suspended, no reinsurance contract issued or renewed after the effective date of the suspension qualifies for credit except to the extent that the reinsurer's obligations under the contract are secured in accordance with §912 of this title.If a reinsurer's accreditation or certification is revoked, no credit for reinsurance may be granted after the effective date of the revocation except to the extent that the reinsurer's obligations under the contract are secured in accordance with paragraph (5)e. of this section or §912 of this title.
(10) 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 thirty (30) days after reinsurance recoverables from any single assuming insurer, or group of affiliated assuming insurers, exceeds fifty percent (50%) of the domestic ceding insurer's last reported surplus to policyholders, or after it is determined that reinsurance recoverables from any single assuming insurer, or group of affiliated assuming insurers, is likely to exceed this limit. The notification shall demonstrate that the exposure is safely managed by the domestic ceding insurer.
b. A ceding insurer shall take steps to diversify its reinsurance program. A domestic ceding insurer shall notify the Commissioner within thirty (30) days after ceding to any single assuming insurer, or group of affiliated assuming insurers, more than twenty percent (20%) of the ceding insurer's gross written premium in the prior calendar year, or after it has determined that the reinsurance ceded to any single assuming insurer, or group of affiliated assuming insurers, is likely to exceed this limit. The notification shall demonstrate that the exposure is safely managed by the domestic ceding insurer.
Section 3. Amend §912, Title 18 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
§912. Asset or Rreduction
from liability for reinsurance ceded by domestic insurer to assuming insurer
not meeting requirements of §911.
An asset or Aa
reduction from liability for the reinsurance ceded by a domestic insurer to an
assuming insurer not meeting the requirements of §911 of this title shall be
allowed in an amount not exceeding the liabilities carried by the ceding
insurer. and such The reduction shall be in the amount of
funds held by or on behalf of the ceding insurer, including funds held in trust
for the ceding insurer, under a reinsurance contract with such the
assuming insurer as security for the payment of obligations thereunder, if
such the security is held in the United States subject to withdrawal
solely by, and under the exclusive control of, the ceding insurer; or, in the
case of a trust, held in a qualified United States U.S. financial
institution, as defined in §913(b) of this title. This security may be in the
form of:
(1) Cash;
(2) Securities listed by the Securities Valuation Office of the National Association of Insurance Commissioners, including those deemed exempt from filing as defined by the Purposes and Procedures Manual of the Securities Valuation Office, and qualifying as admitted assets;
(3)a. Clean, irrevocable,
unconditional letters of credit, issued or confirmed by a qualified United
States U.S. financial institution, as defined in §913(a) of this
title, effective no later than December 31 in respect of the year
for which the filing is being made, and in the possession of, or in
trust for, the ceding company insurer on or before the filing
date of its annual statement.
b. Letters of credit meeting applicable standards of issuer acceptability as of the dates of their issuance (or confirmation) shall, notwithstanding the issuing (or confirming) institution's subsequent failure to meet applicable standards of issuer acceptability, continue to be acceptable as security until their expiration, extension, renewal, modification or amendment, whichever first occurs; or
(4) Any other form of security acceptable to the Commissioner.
Section 4.Amend §913, Title 18 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
§
913. Qualified United States U.S. financial institutions.
(a)
For purposes of §912(3) of this title, a "qualified United States
U.S. financial institution" means an institution that:
(1) Is organized or (in the case of a United States U.S.
office of a foreign banking organization) licensed under the laws of the United
States or any state thereof;
(2) Is regulated, supervised and examined by United States U.S.
federal or state authorities having regulatory authority over banks and trust
companies; and
(3) Has been determined by either the Commissioner, or the
Securities Valuation Office of the National Association of Insurance
Commissioners, to meet such standards of financial condition and
standing as are considered necessary and appropriate to regulate the quality of
financial institutions whose letters of credit will be acceptable to the
Commissioner.
(b)
A "qualified United States U.S. financial institution"
means, for purposes of those provisions of this law specifying those
institutions that are eligible to act as a fiduciary of a trust, an institution
that:
(1) Is organized, or, (in the case of a United
States U.S. branch or agency office of a foreign banking
organization), licensed, under the laws of the United
States or any state thereof and has been granted authority to operate with
fiduciary powers; and
(2) Is regulated, supervised and examined by federal or state authorities having regulatory authority over banks and trust companies.
Section 5. Amend §915, Title 18 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
The Commissioner may adopt rules and
regulations implementing this subchapter the provisions of this law.
Section 6. Amend subchapter III, Chapter 9, Title 18 of the Delaware Code by making insertions as shown by underlining as follows:
§916. Reinsurance agreements affected.
This Act shall apply to all cessions after the effective date of this Act under reinsurance agreements that have an inception, anniversary or renewal date not less than six (6) months after the effective date of this Act.
SYNOPSIS
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