2009 Washington Code
Title 48 - Insurance
Chapter 48.94 - Reinsurance intermediary act.
48.94.035 - Restrictions on reinsurance intermediary-manager -- Retrocessions -- Syndicates -- Licenses -- Employees.

Restrictions on reinsurance intermediary-manager — Retrocessions — Syndicates — Licenses — Employees.

The reinsurance intermediary-manager may not:

     (1) Cede retrocessions on behalf of the reinsurer, except that the reinsurance intermediary-manager may cede facultative retrocessions under obligatory automatic agreements if the contract with the reinsurer contains reinsurance underwriting guidelines for the retrocessions. The guidelines must include a list of reinsurers with which the automatic agreements are in effect, and for each such reinsurer, the coverages and amounts or percentages that may be reinsured, and commission schedules.

     (2) Commit the reinsurer to participate in reinsurance syndicates.

     (3) Appoint a reinsurance intermediary without assuring that the reinsurance intermediary is lawfully licensed to transact the type of reinsurance for which he or she is appointed.

     (4) Without prior approval of the reinsurer, pay or commit the reinsurer to pay a claim, net of retrocessions, that exceeds the lesser of an amount specified by the reinsurer or one percent of the reinsurer's policyholder's surplus as of December 31st of the last complete calendar year.

     (5) Collect a payment from a retrocessionaire or commit the reinsurer to a claim settlement with a retrocessionaire, without prior approval of the reinsurer. If prior approval is given, a report must be promptly forwarded to the reinsurer.

     (6) Jointly employ an individual who is employed by the reinsurer unless the reinsurance intermediary-manager is under common control with the reinsurer subject to the insurer holding company act, chapter 48.31B RCW.

     (7) Appoint a subreinsurance intermediary-manager.

[1993 c 462 § 29.]