Section 760 IAC 1-55-5 - Written agreementsAuthority: IC 27-1-3-7; IC 27-6-10-15
Affected: IC 27-6-10
Sec. 5.
(a) No reinsurance agreement or amendment to any agreement may be used to reduce any liability or to establish any asset in any financial statement filed with the department of insurance unless the agreement, amendment, or a binding letter of intent has been duly executed by both parties no later than the "as of date" of the financial statement.(b) In the case of a letter of intent, a reinsurance agreement or an amendment to a reinsurance agreement must be executed within a reasonable period of time, not exceeding ninety (90) days from the execution date of the letter of intent, in order for credit to be granted for the reinsurance ceded.(c) The reinsurance agreement shall contain provisions which provide in substance or effect: (1) that the agreement shall constitute the entire agreement between the parties with respect to the business being reinsured thereunder and that there are no understandings between the parties other than as expressed in the agreement; and(2) any change or modification to the agreement shall be null and void unless made by amendment to the agreement and signed by both parties.Department of Insurance; 760 IAC 1-55-5; filed Nov 14, 1994, 10:30 a.m.: 18 IR 869; readopted filed Sep 14, 2001, 12:22 p.m.: 25 IR 531; readopted filed Nov 27, 2007, 4:01 p.m.: 20071226-IR-760070717RFA; readopted filed November 26, 2013, 3:43 p.m.: 20131225-IR-760130479RFAReadopted filed 11/19/2019, 9:18 a.m.: 20191218-IR-760190497RFA