2019 New Mexico Statutes
Chapter 59A - Insurance Code
Article 12D - Reinsurance Intermediaries
Section 59A-12D-4 - Required contract provisions; reinsurance intermediary-brokers.
The transactions between a reinsurance intermediary-broker and the insurer it represents in such 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:
A. the insurer may terminate the reinsurance intermediary-broker's authority at any time;
B. 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 thirty days of receipt;
C. 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 United States financial institution;
D. the reinsurance intermediary-broker shall comply with Section 59A-12D-5 NMSA 1978;
E. the reinsurance intermediary-broker shall comply with the written standards established by the insurer for the cession or retrocession of all risks; and
F. the reinsurance intermediary-broker shall disclose to the insurer any relationship with any reinsurer to which business will be ceded or retroceded.
History: 1978 Comp., § 59A-12D-4, enacted by Laws 1993, ch. 320, § 45.
