LD 1553
pg. 2
Page 1 of 25 An Act To Permit Special Purpose Reinsurance Vehicles Page 3 of 25
Download Bill Text
LR 1915
Item 1

 
1.__Aggregate limit.__"Aggregate limit" means the maximum sum
payable to the ceding insurer under a special purpose reinsurance
vehicle contract.

 
2.__Catastrophe excess of loss property reinsurance.__
"Catastrophe excess of loss property reinsurance" means excess of
loss reinsurance for a catastrophe layer of a reinsurance
program, written on either a per occurrence or aggregate basis.

 
3.__Catastrophe life or health reinsurance.__"Catastrophe life
or health reinsurance" means reinsurance of life, health or
annuity products that transfers mortality, morbidity, survival or
other related risks in excess of existing proportional or
nonproportional automatic and facultative treaties newly placed
or in force on the same risks.

 
4.__Ceding insurer.__"Ceding insurer" means an insurer that
enters into a special purpose reinsurance vehicle contract with a
special purpose reinsurance vehicle and includes a reinsurer
retroceding assumed reinsurance to a special purpose reinsurance
vehicle.__A group of affiliated insurers under common control
entering into a special purpose reinsurance vehicle contract on a
coordinated basis is considered a single ceding insurer.

 
5.__Control.__"Control," including the terms "controlling,"
"controlled by" and "under common control," means the possession,
direct or indirect, of the power to direct or cause the direction
of the management and policies of a person, whether through the
ownership of voting securities, by contract other than a
commercial contract for goods or nonmanagement services, or
otherwise, unless the power is the result of an official position
with or corporate office held by the person.__Control is presumed
to exist if any person, directly or indirectly, owns, controls,
holds with the power to vote or holds proxies representing 10% or
more of the voting securities of any other person.__This
presumption may be rebutted by a showing that control does not
exist.__Notwithstanding this subsection, for the purposes of this
subchapter, the fact that a special purpose reinsurance vehicle
exclusively provides reinsurance to a ceding insurer under a
special purpose reinsurance vehicle contract is not by itself
sufficient grounds for a finding that the reinsurance vehicle or
the special purpose reinsurance vehicle organizer or owner is
controlled by or under common control with the ceding insurer.

 
6.__Fair value.__"Fair value" means:

 
A.__As to cash, the amount of cash; and

 
B.__As to an asset other than cash:


Page 1 of 25 Top of Page Page 3 of 25