North Dakota Code 26.1-31.1-03 – Required contract provisions – Reinsurance intermediary-brokers
Transactions between a reinsurance intermediary-broker and the insurer it represents in such capacity may only be entered into, pursuant to a written authorization, specifying the responsibilities of each party. The authorization must, at a minimum, contain provisions that:
Terms Used In North Dakota Code 26.1-31.1-03
- Fiduciary: A trustee, executor, or administrator.
- United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
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 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 by this chapter.
4. The reinsurance intermediary-broker will comply with section 26.1-31.1-04.
5. The reinsurance intermediary-broker will comply with the written standards established by the insurer for the cessions or retrocession of all risks.
6. The reinsurance intermediary-broker will disclose to the insurer any relationship with any reinsurer to which business will be ceded or retroceded.