Title 33, Chapter 55, Section 3
( 33-55-3)
(a) Nonrenewals, cancellations, or revisions of ceded reinsurance agreements shall not be required to be reported pursuant to Code Section 33-55-1 if the nonrenewals, cancellations, or revisions are not material. For purposes of this chapter, a material nonrenewal, cancellation, or revision is one that affects: (1) With respect to property and casualty business, including
accident and health business written by a property and casualty
insurer: (A) More than 50 percent of the insurer's total ceded written
premium; or (B) More than 50 percent of the insurer's total ceded indemnity
and loss adjustment reserves; (2) With respect to life, annuity, and accident and sickness
business, more than 50 percent of the total reserve credit taken
for business ceded on an annualized basis, as indicated in the
insurer's most recent annual statement; or (3) With respect to either property and casualty or life, annuity,
and accident and sickness business, either of the following events
shall constitute a material revision which must be reported: (A) An authorized reinsurer representing more than 10 percent of
a total cession is replaced by one or more unauthorized
reinsurers; or (B) Previously established collateral requirements have been
reduced or waived as respects one or more unauthorized
reinsurers representing collectively more than 10 percent of a
total cession. (b) Notwithstanding the provisions of subsection (a) of this Code
section, no filing shall be required if: (1) With respect to property and casualty business, including
accident and sickness business written by a property and casualty
insurer, the insurer's total written premium represents, on an
annualized basis, less than 10 percent of its total written
premium for direct and assumed business; or (2) With respect to life, annuity, and accident and sickness
business, the total reserve credit taken for business ceded
represents, on an annualized basis, less than 10 percent of the
statutory reserve requirement prior to any cession. (c)(1) The following information is required to be disclosed in
any report of a material nonrenewal, cancellation, or revision of
ceded reinsurance agreements: (A) The effective date of the nonrenewal, cancellation, or
revision; (B) The description of the transaction with an identification of
the initiator thereof;
(C) The purpose of or reason for the transaction; and (D) The identity of the replacement reinsurers, if applicable. (2) Insurers are required to report all material nonrenewals,
cancellations, or revisions of ceded reinsurance agreements on a
nonconsolidated basis unless the insurer is part of a consolidated
group of insurers which utilizes a pooling arrangement or 100
percent reinsurance agreement that affects the solvency and
integrity of the insurer's reserves and the insurer ceded
substantially all of its direct and assumed business to the pool.
An insurer is deemed to have ceded substantially all of its direct
and assumed business to a pool if the insurer has less than $1
million total direct premiums plus assumed written premiums during
a calendar year that are not subject to a pooling arrangement and
the net income of the business not subject to the pooling
arrangement represents less than 5 percent of the insurer's
capital and surplus. |