Retention of Records
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Law
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Georgia Code
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Insurance
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Reinsurance Intermediaries
- Retention of Records
- For at least ten years after expiration of each contract of reinsurance transacted by the broker, the broker will keep a complete record for each transaction showing:
- The type of contract, limits, underwriting restrictions, classes or risks, and territory;
- The period of coverage, including effective and expiration dates, cancellation provisions, and notice required of cancellation;
- Reporting and settlement requirements of balances;
- The rate used to compute the reinsurance premium;
- The names and addresses of assuming reinsurers;
- Rates of all reinsurance commissions, including the commissions on any retrocessions handled by the broker;
- Related correspondence and memoranda;
- Proof of placement;
- Details regarding retrocessions handled by the broker including the identity of retrocessionaires and the percentage of each contract assumed or ceded;
- Financial records, including, but not limited to, premium and loss accounts; and
- When the broker procures a reinsurance contract on behalf of a licensed ceding insurer:
- Directly from any assuming reinsurer, written evidence that the assuming reinsurer has agreed to assume the risk; or
- If placed through a representative of the assuming reinsurer, other than an employee, written evidence that such reinsurer has delegated binding authority to the representative.
- The insurer will have access and the right to copy and audit all accounts and records maintained by the broker related to its business in a form usable by the insurer.
(Code 1981, §33-49-5, enacted by Ga. L. 1991, p. 1424, § 8.)
Code Commission notes. - Pursuant to Code Section 28-9-5, in 1991, the semicolon at the end of the introductory language of paragraph (a)(11) was changed to a colon.
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