§ 23-62-405 - Required contract provisions -- Reinsurance intermediary brokers.
23-62-405. Required contract provisions -- Reinsurance intermediary brokers.
(a) Transactions between a reinsurance intermediary broker and the insurer it represents in such capacity shall only be entered into pursuant to a written authorization, specifying the responsibilities of each party.
(b) The authorization shall, at a minimum, provide that:
(1) The insurer may terminate the reinsurance intermediary broker's authority at any time;
(2) The reinsurance intermediary broker will 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 (30) days of receipt;
(3) All funds collected for the insurer's account will be held by the reinsurance intermediary broker in a fiduciary capacity in a bank which is a qualified United States financial institution, as defined in 23-62-403;
(4) The reinsurance intermediary broker will comply with 23-62-406;
(5) The reinsurance intermediary broker will comply with the written standards established by the insurer for the cession or retrocession of all risks; and
(6) The reinsurance intermediary broker will disclose to the insurer any relationship with any reinsurer to which business will be ceded or retroceded.