(a) For at least 10 years after expiration of each contract of reinsurance transacted by the reinsurance broker, the reinsurance broker will keep a complete record for each transaction showing:
- (1) The type of contract, limits, underwriting restrictions, classes, or risks and territory;
- (2) Period of coverage, including effective and expiration dates, cancellation provisions, and notice required of cancellation;
- (3) Reporting and settlement requirements of balances;
- (4) Rate used to compute the reinsurance premium;
- (5) Names and addresses of assuming reinsurers;
- (6) Rates of all reinsurance commissions, including the commissions on any retrocessions handled by the reinsurance broker;
- (7) Related correspondence and memoranda;
- (8) Proof of placement;
- (9) Details regarding retrocessions handled by the reinsurance broker including the identity of retrocessionaires and percentage of each contract assumed or ceded;
- (10) Financial records, including, but not limited to, premium and loss accounts; and
(11) When the reinsurance broker procures a reinsurance contract on behalf of a licensed ceding insurer:
- (A) Directly from any assuming reinsurer, written evidence that the assuming reinsurer has agreed to assume the risk; or
- (B) 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.
- (b) The insurer will have access and the right to copy and audit all accounts and records maintained by the reinsurance broker related to its business in a form usable by the insurer.
History
Oct. 21, 1993, D.C. Law 10-47, § 5, 40 DCR 6093
Prior Codifications
1981 Ed., § 35-3104.
Section References
This section is referenced in § 31-1803.