33-55-3. ‘‘Material’’ nonrenewal, cancellation, or revision of ceded reinsurance agreement defined; scope of reporting requirement; information to be included in report.

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. (1)

   With respect to property and casualty business, including accident and health business written by a property and casualty insurer:#

   1. (A)

      More than 50 percent of the insurer’s total ceded written premium; or#

   2. (B)

      More than 50 percent of the insurer’s total ceded indemnity and loss adjustment reserves;#

2. (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. (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:#

   1. (A)

      An authorized reinsurer representing more than 10 percent of a total cession is replaced by one or more unauthorized reinsurers; or#

   2. (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.#

Notwithstanding the provisions of subsection (a) of this Code section, no filing shall be required if:#

1. (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. (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.#

1. (1)

   The following information is required to be disclosed in any report of a material nonrenewal, cancellation, or revision of ceded reinsurance agreements:#

   1. (A)

      The effective date of the nonrenewal, cancellation, or revision;#

   2. (B)

      The description of the transaction with an identification of the initiator thereof;#

   3. (C)

      The purpose of or reason for the transaction; and#

   4. (D)

      The identity of the replacement reinsurers, if applicable.#

2. (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.#