West Virginia Code § 33-38-8

Prohibited acts
Open in Lexace · Ask the AI about this section
The reinsurance intermediary-manager may not:
(a) Cede retrocessions on behalf of the reinsurer, except that the reinsurance intermediary-
manager may cede facultative retrocessions pursuant to obligatory facultative agreements if
the contract with the reinsurer contains reinsurance underwriting guidelines for the
retrocessions. The guidelines shall include a list of reinsurers with which the automatic
agreements are in effect, and for each reinsurer, the coverages and amounts or percentages
that may be reinsured, and commission schedules.
(b) Commit the reinsurer to participate in reinsurance syndicates.
(c) Appoint any producer without assuring that the producer is lawfully licensed to transact
the type of reinsurance for which he is appointed. a
(d) Without prior approval of the reinsurer, pay or lcommit the reinsurer to pay a claim, net
of retrocessions, that exceeds the lesser of an amount specified by the reinsurer or one
percent of the reinsurer's policyholder's surplus as of December 31, next preceding.
(e) Collect any payment from a retrocessionaire or commit the reinsurer to any claim
settlement with a retrocessionaire, without prior approval of the reinsurer. If prior approval
is given, a report must be promptly forwarded to the reinsurer.
(f) Jointly employ an individual who is employed by the reinsurer unless such reinsurance
intermediary-manager is under common control with the reinsurer subject to article twenty-
seven of this chapter.
(g) Appoint a subreinsurance intermediary-manager.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.