South Dakota Statutes

§ 58-29B-94 — No reductions in amounts recoverable from reinsurers--Exception--Payments.

South Dakota·Title 58 INSURANCE·Ch. 58-29A INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION

The amount recoverable by the liquidator from reinsurers may not be reduced as a result of delinquency proceedings, unless the reinsurance contract provides, in substance, that in the event of the insolvency of the ceding insurer, the reinsurance is payable under a contract reinsured by the reinsurer on the basis of reported claims allowed in the liquidation proceeding or proof of payment of the claim by a guaranty association, without diminution because of the insolvency of the ceding insurer. Such payments shall be made directly to the ceding insurer or to its domiciliary liquidator unless:

(1)The contract or other written agreement specifically provides another payee of such reinsurance in the event of the insolvency of the ceding insurer; or (2) The reinsurer, with the consent o

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South Dakota § 58-29B-94 (No reductions in amounts recoverable from reinsurers--Exception--Payments.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

SL 1989, ch 436, § 94; SL 2005, ch 274, § 1.

Nearby Sections

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