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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

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