W. Va. Code R. § 114-40-13

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 114-40-13 - Reinsurance Contract

13.1. Credit will not be granted, nor an asset or reduction from liability allowed, to a ceding insurer for reinsurance effected with assuming insurers meeting the requirements of sections 2, 3, 4, 5, 6, 7 or 9 of this rule or otherwise in compliance with W. Va. Code § 33-4-15a(b) after the adoption of this rule unless the reinsurance agreement:

13.1.a. Includes a proper insolvency clause, which stipulates that reinsurance is payable directly to the liquidator or successor without diminution regardless of the status of the ceding company, pursuant to W. Va. Code § 33-4-15(c);

13.1.b. Includes a provision pursuant to W. Va. Code § 33-4-15a(b)(2) whereby the assuming insurer, if an unauthorized assuming insurer, has submitted to the jurisdiction of an alternative dispute resolution panel or court of competent jurisdiction within the United States, has agreed to comply with all requirements necessary to give the court or panel jurisdiction, has designated an agent upon whom service of process may be effected, and has agreed to abide by the final decision of the court or panel; and

13.1.c. Includes a proper reinsurance intermediary clause, if applicable, which stipulates that the credit risk for the intermediary is carried by the assuming insurer.

W. Va. Code R. § 114-40-13