Sec. 4152.205. TRANSACTION RECORDS. (a) For at least 10 years after the expiration of each reinsurance contract transacted by a manager, the manager shall maintain a complete record for each transaction that contains:
(1) the type of contract, limits, underwriting restrictions, classes of risks, and territory;
(2) the period of coverage, including effective and expiration dates, cancellation provisions and notice requirements regarding cancellation, and disposition of outstanding reserves on covered risks;
(3) reporting and settlement requirements regarding balances;
(4) the rate used to compute the reinsurance premium;
(5) the name and address of each ceding or assuming insurer;
(6) the rates of all reinsurance commissions, including the commissions on any retrocessions handled by the manager;
(7) related correspondence and memoranda;
(8) proof of placement;
(9) details regarding retrocessions handled by the manager, as permitted by Section 4152.254, including the identity and address of each retrocessionaire and the respective percentage of each contract assumed;
(10) financial records, including premium and loss accounts; and
(11) if the manager procures a reinsurance contract on behalf of a ceding insurer:
(A) written evidence that the assuming insurer has agreed to assume the risk if the contract is procured directly from an assuming insurer; or
(B) written evidence that the reinsurer has delegated binding authority to the representative who has agreed to assume the risk and that the representative is qualified to act as a manager under this chapter if the contract is procured through a representative of the assuming insurer, other than an employee.
(b) Each insurer is entitled to access to the information maintained by the manager and may copy all accounts and records maintained by the manager related to the insurer's business. The manager shall maintain the information in a form usable by the insurer.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
Structure Texas Statutes
Title 13 - Regulation of Professionals
Subtitle D - Other Professionals
Chapter 4152 - Reinsurance Intermediaries
Subchapter E. Requirements Relating to Managers
Section 4152.201. Contract Between Manager and Insurer
Section 4152.202. Termination of Contract
Section 4152.203. Accounting for Transactions
Section 4152.204. Management of Money
Section 4152.205. Transaction Records
Section 4152.206. Contract Assignment Prohibited
Section 4152.207. Compliance With Underwriting and Rating Standards of Insurer
Section 4152.208. Settlement of Claims
Section 4152.209. Payment of Interim Profits
Section 4152.210. Audited Statement of Manager's Financial Condition
Section 4152.211. Disclosure of Relationships With Other Insurers
Section 4152.212. Acts of Manager Considered Acts of Insurer
Section 4152.213. Actuary's Opinion on Adequacy of Loss Reserves
Section 4152.214. Placement of Reinsurance With Unauthorized Reinsurer
Section 4152.215. Prohibitions
Section 4152.216. Employment of Person by Insurer and Manager