LD 1553
pg. 14
Page 13 of 25 An Act To Permit Special Purpose Reinsurance Vehicles Page 15 of 25
Download Bill Text
LR 1915
Item 1

 
coverage or the agreed-upon period of loss
development has yet to expire.

 
(2)__The provisions to be included in the trust
agreement described in paragraph E pursuant to this
paragraph may instead be included in the underlying
contract.

 
M.__A special purpose reinsurance vehicle contract must
contain provisions that:

 
(1)__Require the reinsurance vehicle to enter into a
trust agreement described in paragraph E and to
establish a trust account referred to in paragraph E
for the benefit of the ceding insurer and specifying
what recoverables or reserves or both the trust
agreement is to cover;

 
(2)__Stipulate that assets deposited in the trust
account be valued according to their current fair value
and may consist only of permitted investments;

 
(3)__Require the reinsurance vehicle, before depositing
assets with the trustee, to execute assignments or
endorsements in blank or to transfer legal title to the
trustee of all shares, obligations or any other assets
requiring assignments in order that the ceding insurer
or the trustee upon the direction of the ceding insurer
may whenever necessary negotiate any such assets
without consent or signature from the reinsurance
vehicle or any other entity;

 
(4)__Require that all settlements of account between
the ceding insurer and the reinsurance vehicle be made
in cash or its equivalent; and

 
(5)__Stipulate that the reinsurance vehicle and the
ceding insurer agree that the assets in the trust
account referred to in paragraph E and established
pursuant to the provisions of the contract may be
withdrawn by the ceding insurer at any time
notwithstanding any other provisions in the contract
and must be used and applied by the ceding insurer or
any successor by operation of law of the ceding
insurer, including, but not limited to, and subject to
the provisions of section 793, any liquidator,
rehabilitator, receiver or conservator of the ceding
insurer, without diminution because of insolvency on
the part of the ceding insurer or the reinsurance
vehicle, only for the following purposes:


Page 13 of 25 Top of Page Page 15 of 25