South Carolina § 38-46-40 Written contract required between intermediary-broker and insurer it represents; minimum terms contract must provide.

South Carolina Statutes

§ 38-46-40 — Written contract required between intermediary-broker and insurer it represents; minimum terms contract must provide.

South Carolina § 38-46-40

Title 38INSURANCE

Ch. 46REINSURANCE INTERMEDIARY ACT

This text of South Carolina § 38-46-40 (Written contract required between intermediary-broker and insurer it represents; minimum terms contract must provide.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 38-46-40 (2026).

Text

Transactions between a reinsurance intermediary-broker and the insurer it represents in that capacity only may be entered into pursuant to a written contract specifying the responsibilities of each party. The contract, at a minimum, must provide that:

(1)The insurer may terminate the reinsurance intermediary-broker's authority at any time.

(2)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.

(3)Funds collected for the insurer's account must be held by the reinsurance intermediary-broker in a fiduciary capa

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Transactions between a reinsurance intermediary-broker and the insurer it represents in that capacity only may be entered into pursuant to a written contract specifying the responsibilities of each party. The contract, at a minimum, must provide that: (1) The insurer may terminate the reinsurance intermediary-broker's authority at any time. (2) 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. (3) Funds collected for the insurer's account must be held by the reinsurance intermediary-broker in a fiduciary capacity in a bank which is a qualified United States financial institution. (4) The reinsurance intermediary-broker shall comply with Section 38-46-50. (5) The reinsurance intermediary-broker shall comply with the written standards established by the insurer for the cession or retrocession of all risks. (6) The reinsurance intermediary-broker shall disclose to the insurer a relationship with a reinsurer to which business will be ceded or retroceded.