(1) For at least 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) the period of coverage, including the effective and expiration dates, cancellation provisions, and notice required for 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 reinsurance intermediary-broker;
- (g) any related correspondence and memorandums;
- (h) the proof of placement;
- (i) the details regarding retrocessions handled by the reinsurance intermediary-broker, including the identity of the party making the retrocession and the percentage of each contract assumed or ceded;
- (j) the 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 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 the reinsurer has delegated binding authority to the representative.
- (2) The insurer has access to and may copy and audit all accounts and records maintained by the reinsurance intermediary-broker that are related to the insurer's business, in a form usable by the insurer.
History: En. Sec. 21, Ch. 596, L. 1993.