§ 31A-37-303 — Reinsurance.

(1) (1)(a) A captive insurance company may cede risks to any insurance company approved by the commissioner.
(1)(b) Except as provided in Subsection (1)(c), a captive insurance company may provide reinsurance on risks ceded by any other insurer with prior approval of the commissioner.
(1)(c) A captive insurance company may not provide reinsurance on a punitive damages risk ceded by an insurer, unless the punitive damages risk is the risk of the captive insurance company's:
(1)(c)(i) parent;
(1)(c)(ii) affiliated company; or
(1)(c)(iii) controlled unaffiliated business.
(2) To facilitate the risk distribution of captive insurance companies participating in a pooling arrangement, a captive insurance company licensed to operate as a pooling captive insurance company may directly insure a risk that any pooling participant's captive insurance company could otherwise directly insure in accordance with Section 31A-37-202.
(3) (3)(a) A captive insurance company may take credit for reserves on risks or portions of risks ceded to reinsurers if the captive insurance company complies with:
(3)(a)(i) Section 31A-17-404, 31A-17-404.1, 31A-17-404.3, or 31A-17-404.4; or
(3)(a)(ii) other requirements as the commissioner may establish by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(3)(b) Unless the reinsurer is in compliance with Section 31A-17-404, 31A-17-404.1, 31A-17-404.3, or 31A-17-404.4 or a rule adopted under Subsection (3)(a)(ii), a captive insurance company may not take credit for:
(3)(b)(i) reserves on risks ceded to a reinsurer; or
(3)(b)(ii) portions of risks ceded to a reinsurer.

Legislative History

Amended by Chapter 175, 2025 General Session