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Official Code of Georgia Annotated

Title 33. INSURANCE · Chapter 49. REINSURANCE INTERMEDIARIES

33-49-5. Retention of records.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    For at least ten years after expiration of each contract of reinsurance transacted by the broker, the broker will keep a complete record for each transaction showing:#

    1. (1)

      The type of contract, limits, underwriting restrictions, classes or risks, and territory;#

    2. (2)

      The period of coverage, including effective and expiration dates, cancellation provisions, and notice required of cancellation;#

    3. (3)

      Reporting and settlement requirements of balances;#

    4. (4)

      The rate used to compute the reinsurance premium;#

    5. (5)

      The names and addresses of assuming reinsurers;#

    6. (6)

      Rates of all reinsurance commissions, including the commissions on any retrocessions handled by the broker;#

    7. (7)

      Related correspondence and memoranda;#

    8. (8)

      Proof of placement;#

    9. (9)

      Details regarding retrocessions handled by the broker including the identity of retrocessionaires and the percentage of each contract assumed or ceded;#

    10. (10)

      Financial records, including, but not limited to, premium and loss accounts; and#

    11. (11)

      When the broker procures a reinsurance contract on behalf of a licensed ceding insurer:#

      1. (A)

        Directly from any assuming reinsurer, written evidence that the assuming reinsurer has agreed to assume the risk; or#

      2. (B)

        If placed through a representative of the assuming reinsurer, other than an employee, written evidence that such reinsurer has delegated binding authority to the representative.#

  2. (b)

    The insurer will have access and the right to copy and audit all accounts and records maintained by the broker related to its business in a form usable by the insurer.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 33-49-5, enacted by Ga. L. 1991, p. 1424, § 8.

Code Commission notes

Pursuant to Code Section 28-9-5, in 1991, the semicolon at the end of the introductory language of paragraph (a)(11) was changed to a colon.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t33-ch23-65-(v25)-2020-pdf.pdf, Volume V25, 2020 edition, page 961; merge action: carried; file SHA-256 1cdfeaa4b73e.