(A) For at least ten years after expiration of each contract of reinsurance transacted by the reinsurance intermediary-broker, he shall keep a complete record for each transaction showing:
- (1) the type of contract, limits, underwriting restrictions, classes or risks, and territory;
- (2) the period of coverage, including effective and expiration dates, cancellation provisions, and notice required for cancellation;
- (3) reporting and settlement requirements of balances;
- (4) the rate used to compute the reinsurance premium;
- (5) the names and addresses of assuming reinsurers;
- (6) the rates of all reinsurance commissions, including the commissions on retrocessions handled by the reinsurance intermediary-broker;
- (7) related correspondence and memoranda;
- (8) proof of placement;
- (9) the details regarding retrocessions handled by the reinsurance intermediary-broker, including the identity of retrocessionaries and percentage of each contract assumed or ceded;
- (10) financial records, including, but not limited to, premium and loss accounts;
(11) when the reinsurance intermediary-broker procures a reinsurance contract on behalf of an insurer:
- (a) directly from an 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 must have access 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.
HISTORY: 1992 Act No. 332, Section 1.