33-2-1206. Bulk reinsurance -- foreign or alien insurers. (1) A foreign or alien insurer may reinsure all or substantially all of its insurance in force in Montana or a major class of insurance with an agreement of bulk reinsurance, but the agreement may not become effective unless filed with the commissioner and approved by the commissioner in writing. The commissioner may hold a hearing before approving or disapproving an agreement of bulk reinsurance. Factors to be considered on bulk reinsurance agreements include but are not limited to:
(a) whether the agreement would be inequitable to Montana policyholders;
(b) whether the agreement would substantially reduce security of Montana policyholders; and
(c) whether the agreement would substantially reduce the service to be rendered to Montana policyholders.
(2) The commissioner shall approve or disapprove the agreement within a reasonable time after filing the proposed agreement or, when applicable, after a hearing.
(3) The commissioner may require a foreign or alien insurer to establish a trust account in this state, not to exceed the aggregate reserves of the policies contained in the bulk reinsurance agreement, prior to granting approval.
History: En. 40-2911 by Sec. 1, Ch. 303, L. 1977; R.C.M. 1947, 40-2911; amd. Sec. 4, Ch. 518, L. 1983; amd. Sec. 1095, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 33. Insurance and Insurance Companies
Chapter 2. Regulation of Insurance Companies
Part 12. Limit of Risk -- Reinsurance
33-2-1202. through 33-2-1204 reserved
33-2-1206. Bulk reinsurance -- foreign or alien insurers
33-2-1207. Interest in reinsurance
33-2-1208. through 33-2-1210 reserved
33-2-1211. Bulk reinsurance -- stock insurers
33-2-1212. Bulk reinsurance -- mutual insurers
33-2-1213. through 33-2-1215 reserved
33-2-1216. Credit allowed domestic ceding insurer -- rulemaking