(1) A reinsurer may not engage the services of a
person, firm, association, or corporation to act as a reinsurance
intermediary-manager on its behalf unless the person is licensed
as required by RCW 48.94.010(2).
(2) The reinsurer shall annually obtain a copy of statements
of the financial condition of each reinsurance
intermediary-manager that the reinsurer has had prepared by an
independent certified accountant in a form acceptable to the
commissioner.
(3) If a reinsurance intermediary-manager establishes loss
reserves, the reinsurer shall annually obtain the opinion of an
actuary attesting to the adequacy of loss reserves established
for losses incurred and outstanding on business produced by the
reinsurance intermediary-manager. This opinion is in addition to
any other required loss reserve certification.
(4) Binding authority for all retrocessional contracts or
participation in reinsurance syndicates must rest with an officer
of the reinsurer who is not affiliated with the reinsurance
intermediary-manager.
(5) Within thirty days of termination of a contract with a
reinsurance intermediary-manager, the reinsurer shall provide
written notification of the termination to the commissioner.
(6) A reinsurer may not appoint to its board of directors an
officer, director, employee, controlling shareholder, or
subproducer of its reinsurance intermediary-manager. This
subsection does not apply to relationships governed by the
insurer holding company act, chapter 48.31B RCW, or, if
applicable, the producer-controlled property and casualty insurer
act, chapter 48.97 RCW.
[2008 c 217 § 74; 1993 c 462 § 30.]
NOTES:
Severability -- Effective date -- 2008 c 217: See notes following RCW 48.03.020.