S.D. Admin. R. 20:06:31 app A
APPENDIX A
FORM AR-1
CERTIFICATE OF ASSUMING INSURER
I, _______________________________________ _______________________________________
(name of officer) (title of officer)
of ___________________________________________________________________ the assuming insurer
(name of assuming insurer)
under a reinsurance agreement(s) with one or more insurers domiciled in ___________________________
(name of state)
hereby certify that ____________________________________________________ ("Assuming insurer"):
(name of assuming insurer)
(ceding insurer's state of domicile)
by the adjudication of any issues arising out of the reinsurance agreement(s), agrees to comply with all requirements necessary to give such court jurisdiction, and will abide by the final decision of such court or any appellate court in the event of an appeal. Nothing in this paragraph constitutes or should be understood to constitute a waiver of Assuming Insurer's rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. This paragraph is not intended to conflict with or override the obligation of the parties to the reinsurance agreement(s) to arbitrate their disputes if such an obligation is created in the agreement(s).
(ceding insurer's state of domicile)
as its lawful attorney upon whom may be served any lawful process in any action, suit or proceeding arising out of the reinsurance agreement(s) instituted by or on behalf of the ceding insurer.
(ceding insurer's state of domicile)
to examine its books and records and agrees to bear the expense of any such examination.
(ceding insurer's state of domicile)
reinsured by Assuming Insurer and undertakes to submit additions to or deletions from the list to the Insurance Commissioner at least once per calendar quarter.
Dated: ____________________________________ _______________________________________
(name of assuming insurer)
By: ___________________________________
(name of officer)
___________________________________
(title of officer)
Note: This form was taken from the National Association of Insurance Commissioners Credit for Reinsurance Model Act, Model Regulation Service for January of 1991, page 786-13.
S.D. Admin. R. 20:06:31 app A