2019 South Dakota Codified Laws
Title 58 - Insurance
Chapter 37A - Fraternal Benefit Societies
§ 58-37A-13 Reinsurance agreement--Ceding risks.
58-37A-13. Reinsurance agreement--Ceding risks. A domestic society may, by a reinsurance agreement, cede any individual risk to an insurer, other than another fraternal benefit society, having the power to make such reinsurance and authorized to do business in this state, or if not authorized, one which is approved by the director, but no society may reinsure substantially all of its insurance in force without the written permission of the director. It may take credit for the reserves on the ceded risks to the extent reinsured, but no credit may be allowed as an admitted asset or as a deduction from liability, to a ceding society for reinsurance made, ceded, renewed, or otherwise becoming effective after January 1, 1991, unless the reinsurance is payable by the assuming insurer on the basis of the liability of the ceding society under the contract or contracts reinsured without diminution because of the insolvency of the ceding society.
Notwithstanding this limitation, a society may reinsure the risks of another society in a consolidation or merger approved by the director under § 58-37A-14.
Source: SL 1990, ch 410, § 13.
