Kentucky Statutes 304.9-715 – Records of transactions of reinsurance intermediary brokers
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(1) For at least ten (10) years after expiration of each contract of reinsurance transacted by the reinsurance intermediary broker, the reinsurance intermediary broker shall keep a complete record for each transaction showing:
(a) The type of contract, limits, underwriting restrictions, classes or risks, and territory;
(b) Period of coverage, including effective and expiration dates, cancellation provisions, and notice required for cancellation;
(c) Reporting and settlement requirements of balances; (d) Rate used to compute the reinsurance premium;
(e) Names and addresses of assuming reinsurers;
(f) Rates of all reinsurance commissions, including the commissions on any retrocessions handled by the reinsurance intermediary broker;
(g) Related correspondence and memoranda; (h) Proof of placement;
(i) Details regarding retrocessions handled by the reinsurance intermediary broker, including the identity of retrocessionaires and percentage of each contract assumed or ceded;
(j) Financial records, including, but not limited to, premium and loss accounts;
and
(k) When the reinsurance intermediary broker procures a reinsurance contract on behalf of an authorized ceding insurer:
1. Directly from any assuming reinsurer written evidence that the assuming reinsurer has agreed to assume the risk; or
2. If placed through a representative of the assuming reinsurer, other than an employee, written evidence that the reinsurer has delegated binding authority to the representative;
(2) The insurer shall have access to and the right to copy and audit all accounts and records maintained by the reinsurance intermediary broker related to its business in a form usable by the insurer.
Effective: July 14, 1992
History: Created 1992 Ky. Acts ch. 155, sec. 4, effective July 14, 1992.
(a) The type of contract, limits, underwriting restrictions, classes or risks, and territory;
Terms Used In Kentucky Statutes 304.9-715
- Contract: A legal written agreement that becomes binding when signed.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(b) Period of coverage, including effective and expiration dates, cancellation provisions, and notice required for cancellation;
(c) Reporting and settlement requirements of balances; (d) Rate used to compute the reinsurance premium;
(e) Names and addresses of assuming reinsurers;
(f) Rates of all reinsurance commissions, including the commissions on any retrocessions handled by the reinsurance intermediary broker;
(g) Related correspondence and memoranda; (h) Proof of placement;
(i) Details regarding retrocessions handled by the reinsurance intermediary broker, including the identity of retrocessionaires and percentage of each contract assumed or ceded;
(j) Financial records, including, but not limited to, premium and loss accounts;
and
(k) When the reinsurance intermediary broker procures a reinsurance contract on behalf of an authorized ceding insurer:
1. Directly from any assuming reinsurer written evidence that the assuming reinsurer has agreed to assume the risk; or
2. If placed through a representative of the assuming reinsurer, other than an employee, written evidence that the reinsurer has delegated binding authority to the representative;
(2) The insurer shall have access to and the right to copy and audit all accounts and records maintained by the reinsurance intermediary broker related to its business in a form usable by the insurer.
Effective: July 14, 1992
History: Created 1992 Ky. Acts ch. 155, sec. 4, effective July 14, 1992.