Statutory Issue Paper No62R - Reinsurance Focus
Statutory Issue Paper No62R - Reinsurance Focus
Statutory Issue Paper No62R - Reinsurance Focus
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Property and Casualty <strong>Reinsurance</strong><br />
SSAP No. 62R<br />
III.<br />
IV.<br />
Treaty <strong>Reinsurance</strong> Contracts—Catastrophe: The ceding entity is indemnified, subject to<br />
a specified limit, against the amount of loss in excess of a specified retention with respect<br />
to an accumulation of losses resulting from a catastrophic event or series of events;<br />
Facultative <strong>Reinsurance</strong> ContractsPro Rata: The ceding entity is indemnified for a<br />
specified percentage of losses and loss expenses arising under a specific insurance policy<br />
in exchange for that percentage of the policy’s premium;<br />
V. Facultative <strong>Reinsurance</strong> ContractsExcess of Loss: The ceding entity is indemnified,<br />
subject to a specified limit, for losses in excess of its retention with respect to a particular<br />
risk.<br />
Characteristics of <strong>Reinsurance</strong> Agreements<br />
6. Common contract provisions that may affect accounting practices include:<br />
a. Reporting responsibility of the ceding entity—Details required and time schedules shall<br />
be established;<br />
b. Payment terms—Time schedules, currencies intended, and the rights of the parties to<br />
withhold funds shall be established;<br />
c. Payment of premium taxes—Customarily the responsibility of the ceding entity, a recital<br />
of nonliability of the reinsurer may be found;<br />
d. Termination—May be on a cut-off or run-off basis. A cut-off provision stipulates that the<br />
reinsurer shall not be liable for loss as a result of occurrences taking place after the date<br />
of termination. A run-off provision stipulates that the reinsurer shall remain liable for loss<br />
under reinsured policies in force at the date of termination as a result of occurrences<br />
taking place after the date of termination until such time as the policies expire or are<br />
canceled; and<br />
e. Insolvency clause—Provides for the survival of the reinsurer’s obligations in the event of<br />
insolvency of the ceding entity, without diminution because of the insolvency.<br />
7. <strong>Reinsurance</strong> contracts shall not permit entry of an order of rehabilitation or liquidation to<br />
constitute an anticipatory breach by the reporting entity, nor grounds for retroactive revocation or<br />
retroactive cancellation of any contracts of the reporting entity.<br />
Required Terms for <strong>Reinsurance</strong> Agreements<br />
8. In addition to credit for reinsurance requirements applicable to reinsurance transactions generally,<br />
no credit or deduction from liabilities shall be allowed by the ceding entity for reinsurance recoverable<br />
where the agreement was entered into after the effective date of these requirements (see paragraphs 86 90<br />
and 8791) unless each of the following conditions is satisfied:<br />
a. The agreement must contain an acceptable insolvency clause;<br />
b. Recoveries due the ceding entity must be available without delay for payment of losses<br />
and claim obligations incurred under the agreement, in a manner consistent with orderly<br />
payment of incurred policy obligations by the ceding entity;<br />
© 2009 National Association of Insurance Commissioners 62-4