§ 38-46-50 — Records of contracts of reinsurance to be maintained for at least ten years; access by insurer.

(A) For at least ten years after expiration of each contract of reinsurance transacted by the reinsurance intermediary-broker, he shall keep a complete record for each transaction showing: (1) the type of contract, limits, underwriting restrictions, classes or risks, and territory; (2) the period of coverage, including effective and expiration dates, cancellation provisions, and notice required for cancellation; (3) reporting and settlement requirements of balances; (4) the rate used to compute the reinsurance premium; (5) the names and addresses of assuming reinsurers; (6) the rates of all reinsurance commissions, including the commissions on retrocessions handled by the reinsurance intermediary-broker; (7) related correspondence and memoranda; (8) proof of placement; (9) the details regarding retrocessions handled by the reinsurance intermediary-broker, including the identity of retrocessionaries and percentage of each contract assumed or ceded; (10) financial records, including, but not limited to, premium and loss accounts; (11) when the reinsurance intermediary-broker procures a reinsurance contract on behalf of an insurer: (a) directly from an assuming reinsurer, written evidence that the assuming reinsurer has agreed to assume the risk; or (b) if placed through a representative of the assuming reinsurer other than an employee, written evidence that the reinsurer has delegated binding authority to the representative. (B) The insurer must have access and the right to copy and audit all accounts and records maintained by the reinsurance intermediary-broker related to its business in a form usable by the insurer.

Legislative History

HISTORY: 1992 Act No. 332, SECTION 1.