A. A reinsurer shall not engage the services of any individual or business entity to act as a reinsurance intermediary manager on its behalf unless such individual or business entity is licensed as required by § 38.2-1348.
B. The reinsurer shall annually obtain a copy of the current financial statement of each reinsurance intermediary manager that such reinsurer has engaged. Such statements shall be prepared by an independent certified accountant in a form acceptable to the Commission.
C. If a reinsurance intermediary manager establishes loss reserves, the reinsurer shall annually obtain the opinion of an actuary attesting to the adequacy of loss reserves established for losses incurred and outstanding on business produced by the reinsurance intermediary manager. This opinion shall be in addition to any other required loss reserve certification.
D. Binding authority for all retrocessional contracts or participation in reinsurance syndicates shall rest with an officer of the reinsurer who shall not be affiliated with the reinsurance intermediary manager.
E. Within thirty calendar days of termination of a contract with a reinsurance intermediary manager, the reinsurer shall provide written notification of such termination in a form acceptable to the Commission.
F. A reinsurer shall not appoint to its board of directors, any officer, director, employee, controlling shareholder or subproducer of its reinsurance intermediary manager. This subsection shall not apply to relationships governed by Article 5 (§ 38.2-1322 et seq.) of this chapter or Article 2 (§ 38.2-4230 et seq.) of Chapter 42 of this title.
G. An insurer shall not delegate to any person, other than one of its officers, the authority to enter into or bind any reinsurance agreement by which the insurer agrees to cede or retrocede any risk to a reinsurer, except that an insurer may delegate the specific authority to bind facultative reinsurance contracts by placing individual risks pursuant to the provisions of subdivision 1 of § 38.2-1353 or subdivision 10 of § 38.2-1360.
1. The officer shall be a regular salaried employee of such insurer and shall not be affiliated with the reinsurance intermediary.
2. The insurer is not prohibited by the provisions of this subsection from delegating the authority to enter into or bind an agreement to assume a risk to a licensed reinsurance intermediary manager pursuant to the provisions of this article, provided the authority to cede and assume a given risk is not simultaneously vested in the same intermediary.
2001, c. 706.
Structure Code of Virginia
§ 38.2-1300. Annual statements
§ 38.2-1301. Additional reports
§ 38.2-1301.1. Material transaction disclosures
§ 38.2-1302. Extension of filing time
§ 38.2-1303. Printed forms to be filed by insurers; certificates to domestic insurers
§ 38.2-1304. False statements, reports, etc., deemed a Class 5 felony
§ 38.2-1305. Voluntary reports
§ 38.2-1306. Reports to be open to public inspection
§ 38.2-1306.1. Insurance companies' analyses confidential
§ 38.2-1306.2. Valuation of investments and other assets
§ 38.2-1306.3. Nonadmitted assets
§ 38.2-1311. Valuation reserves
§ 38.2-1312. Unearned premium reserves
§ 38.2-1314. Loss or claim reserves
§ 38.2-1315. Mortgage guaranty insurance contingency reserve
§ 38.2-1315.1. Actuarial statements of opinion, reports, memoranda, and summaries
§ 38.2-1316.2. Credit allowed a domestic ceding insurer
§ 38.2-1316.4. Credit allowed any ceding insurer
§ 38.2-1316.7. Rules and regulations
§ 38.2-1316.8. Reinsurance agreements affected
§ 38.2-1317. Examinations; when authorized or required
§ 38.2-1317.1. Examinations; nature and scope
§ 38.2-1317.2. Market analyses confidential
§ 38.2-1318. Examinations; how conducted
§ 38.2-1319. Expense of examination
§ 38.2-1320. Examination reports; general description
§ 38.2-1320.1. Submission of examination report
§ 38.2-1320.2. Filing of report on examination
§ 38.2-1320.3. Examination reports; orders and procedures
§ 38.2-1320.4. Publication and use of examination reports
§ 38.2-1320.5. Confidentiality of ancillary information
§ 38.2-1321. Records of examination preserved
§ 38.2-1321.1. Immunity from liability
§ 38.2-1323. Acquisition of control of insurers
§ 38.2-1324. Contents of application
§ 38.2-1325. Alternate filing materials
§ 38.2-1326. Approval by Commission
§ 38.2-1327. Time for hearing; order of Commission
§ 38.2-1329. Registration of insurers that are members of holding company system
§ 38.2-1330.1. Dividends and other distributions
§ 38.2-1332.1. Supervisory colleges
§ 38.2-1332.2. Group-wide supervision of internationally active insurance groups
§ 38.2-1333. Confidential treatment of information and documents
§ 38.2-1334. Revocation, suspension, or nonrenewal of insurer's license
§ 38.2-1334.1. Voting of securities, injunctions, and sequestration of voting securities
§ 38.2-1334.2:1. Rules and regulations
§ 38.2-1334.2:3. Statutory construction and relationship to other laws
§ 38.2-1334.4. Risk management framework
§ 38.2-1334.5. ORSA requirement
§ 38.2-1334.6. ORSA summary report
§ 38.2-1334.7. Scope of article; exemption
§ 38.2-1334.8. Contents of ORSA summary report
§ 38.2-1334.9. Confidentiality
§ 38.2-1334.12. Disclosure requirement
§ 38.2-1334.13. Contents of Corporate Governance Annual Disclosure
§ 38.2-1334.14. Confidentiality
§ 38.2-1334.15. NAIC and third-party consultants
§ 38.2-1334.16. Rules and regulations
§ 38.2-1336. Subsidiaries of insurers
§ 38.2-1337. Disclaimer of control
§ 38.2-1340. Revocation, suspension, or nonrenewal of insurer's license
§ 38.2-1343. Minimum standards
§ 38.2-1348. License requirements
§ 38.2-1349. Required contract provisions; reinsurance intermediary brokers
§ 38.2-1350. Books and records; reinsurance intermediary brokers
§ 38.2-1351. Duties of insurers utilizing the services of a reinsurance intermediary broker
§ 38.2-1352. Required contract provisions; reinsurance intermediary managers
§ 38.2-1354. Duties of reinsurers utilizing the services of a reinsurance intermediary manager
§ 38.2-1355. Examination authority
§ 38.2-1357. Requirement to report to Commission
§ 38.2-1360. Required contract provisions
§ 38.2-1361. Duties of insurers utilizing managing general agents
§ 38.2-1362. Examination authority
§ 38.2-1364. Requirement to report to Commission
§ 38.2-1366. Reserve valuation
§ 38.2-1367. Actuarial opinion of reserves
§ 38.2-1368. Minimum valuation standard for policies issued prior to certain dates
§ 38.2-1369. Computation of minimum standard
§ 38.2-1370. Computation of minimum standard for annuities
§ 38.2-1371. Computation of minimum standard by calendar year of issue
§ 38.2-1372. Reserve valuation method; life insurance and endowment benefits
§ 38.2-1373. Reserve valuation method; annuity and pure endowment benefits
§ 38.2-1375. Optional reserve calculation
§ 38.2-1376. Reserve calculation; valuation net premium exceeding the gross premium charged
§ 38.2-1377. Reserve calculation; indeterminate premium plans
§ 38.2-1378. Minimum standard for accident and health insurance contracts
§ 38.2-1380. Requirements of a principle-based valuation
§ 38.2-1383. Single state exemption
§ 38.2-1384. Assessment against insurers whose policies are valued