Alaska Administrative Code
Title 3 - Commerce, Community, and Economic Development
Part 2 - Division of Insurance
Chapter 21 - Insurer - Financial
Article 6 - Reinsurance
3 AAC 21.635 - General provisions for a reinsurance agreement
Universal Citation: 3 AK Admin Code 21.635
Current through February 24, 2025
(a) The director will not grant credit to a ceding insurer for reinsurance with an assuming insurer unless the reinsurance agreement between the ceding insurer and assuming insurer includes
(1) an insolvency
clause stating that the assuming insurer will remain liable for a claim
submitted under a reinsurance agreement by a ceding insurer even though the
ceding insurer is in receivership or liquidation at the time the claim is
submitted;
(2) repealed
11/21/2004;
(3) a provision
requiring an unauthorized assuming insurer to submit to the jurisdiction of an
alternative dispute resolution panel that is acceptable to the director or a
court of competent jurisdiction within the United States, to comply with all
requirements necessary to give the panel or court jurisdiction, to designate an
agent upon whom service of process may be given, and to abide by the final
decision of the panel or court;
(4)
a provision that the reinsurance agreement and any related trust agreement or
letter of credit constitute the entire contract between the parties with
respect to the insurance being reinsured and that there are no understandings
or agreements between the parties other than those expressed in these
documents; and
(5) a provision that
a change or modification to the agreement is void unless it is made by a
written amendment to the agreement and signed by both parties.
(6) a proper reinsurance intermediary clause,
if applicable, which stipulates that the credit risk for the intermediary is
carried by the assuming insurer.
(b) Repealed 11/21/2004.
Authority:AS 21.06.090
AS 21.12.020
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