(1) For at least ten years after expiration of each contract of reinsurance transacted by the RP, the RP shall keep a complete record for each transaction showing:
- (a) The type of contract, limits, underwriting restrictions, classes, or risks and territory;
- (b) The period of coverage, including effective and expiration dates, cancellation provisions, and notice required of cancellation;
- (c) The reporting and settlement requirements of balances;
- (d) The rate used to compute the reinsurance premium;
- (e) The names and addresses of assuming reinsurers;
- (f) The rates of all reinsurance commissions, including the commissions on any retrocessions handled by the RP;
- (g) Related correspondence and memoranda;
- (h) Proof of placement;
- (i) Details regarding retrocessions handled by the RP including the identity of retrocessionaires and the percentage of each contract assumed or ceded;
- (j) Financial records, including but not limited to premium and loss accounts; and
(k) When the RP procures a reinsurance contract on behalf of a licensed ceding insurer:
- (I) Directly from any assuming reinsurer, written evidence that the assuming reinsurer has agreed to assume the risk; or
- (II) If placed through a representative of the assuming reinsurer, other than an employee, written evidence that such reinsurer has delegated binding authority to the representative.
- (2) The insurer shall have access and the right to copy and audit all accounts and records maintained by the RP related to its business in a form usable by the insurer.
Source: L. 93: Entire article R&RE, p. 1377, § 1, effective January 1, 1995.
Editor's note: This section is similar to former § 10-2-305 as it existed prior to 1993.