LD 1553
pg. 13
Page 12 of 25 PUBLIC Law Chapter 249 Page 14 of 25
Download Chapter Text
LR 1915
Item 1

 
of termination must be delivered by the 3rd party to the
ceding insurer.

 
J.__The trust agreement described in paragraph E may be made
subject to and governed by the laws of any state in addition
to the requirements for the trust as provided in this
subchapter as long as the state is disclosed in the plan of
operation filed with and approved by the superintendent.

 
K.__The trust agreement described in paragraph E must
prohibit invasion of the trust account referred to in
paragraph E for the purpose of paying compensation to or
reimbursing the expenses of the trustee.

 
L.__The trust agreement described in paragraph E must
provide that the trustee be liable for the trustee's own
negligence, willful misconduct or lack of good faith.

 
(1)__Notwithstanding the provisions of paragraph F,
subparagraphs (3) to (5) and paragraph M, subparagraph
(5), when a trust agreement described in paragraph E is
established in conjunction with a contract, then the
trust agreement may provide that the ceding insurer
shall undertake to use and apply any amounts drawn upon
the trust account without diminution because of the
insolvency of the ceding insurer or the reinsurance
vehicle for the following purposes:

 
(a)__To pay or reimburse the ceding insurer
amounts due to the ceding insurer under the
contract, including, but not limited to, unearned
premiums due to the ceding insurer if not
otherwise paid by the reinsurance vehicle in
accordance with the terms of that trust agreement;
or

 
(b)__When the ceding insurer has received notification of
termination of the trust account referred to in paragraph E and
when some or all of the reinsurance vehicle's obligations under
the specific contract remain unliquidated and undischarged 10
days before the termination date, to withdraw amounts equal to
the undischarged obligations and deposit the amounts in a
separate account in the name of the ceding insurer in any
qualified United States financial institution apart from its
general assets in trust for the sole purpose of discharging any
contractual obligations of the reinsurance vehicle that may
remain executory after the withdrawal and for any


Page 12 of 25 Top of Page Page 14 of 25
Related Pages
  Search Bill Text Legislative Information
Bill Directory Search
Bill
Status
Session Information
119th Legislature Bills Maine Legislature

Office of Legislative Information
100 State House Station
Augusta, ME 04333
voice: (207) 287-1692
fax: (207) 287-1580
tty: (207) 287-6826
Word Viewer for Windows Disclaimer