Maryland Insurance Section 8-518

Article - Insurance

§ 8-518.

      (a)      A reinsurance manager:

            (1)      except as provided in subsection (b) of this section, may not cede retrocessions for a reinsurer;

            (2)      may not commit a reinsurer to participate in reinsurance syndicates;

            (3)      may not appoint or hire an insurance producer to solicit, procure, or negotiate reinsurance contracts for a reinsurer without ensuring that the insurance producer is qualified under Title 10, Subtitle 1 of this article;

            (4)      may not take an action that would constitute a violation of § 27-503 of this article if taken directly by a reinsurer;

            (5)      without the reinsurer's prior written approval, may not pay or commit a reinsurer to pay a claim, net of reinsurance, that exceeds the lesser of 1% of the reinsurer's policyholder surplus as of the preceding calendar year and an amount specified by the reinsurer;

            (6)      subject to subsection (b) of this section and without the reinsurer's prior written approval:

                  (i)      may not collect a payment from a retrocessionaire; or

                  (ii)      may not commit a reinsurer to a claim settlement with a retrocessionaire;

            (7)      may not appoint a subreinsurance manager; or

            (8)      may not employ an individual who is also employed by a reinsurer that transacts business with the reinsurance manager, unless the reinsurance manager is under common control with the reinsurer and is subject to Title 7 of this article.

      (b)      A reinsurance manager may cede facultative reinsurance contracts under obligatory facultative agreements if the contract between the reinsurance manager and reinsurer contains reinsurance underwriting guidelines for the retrocessions, including:

            (1)      a list of reinsurers with which any automatic agreements are in effect;

            (2)      the coverages and amounts or percentages that may be reinsured; and

            (3)      commission schedules.



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