§ 163.11. Requirements for provisions in reinsurance agreements entered into in conjunction with trust agreements.
When a reinsurance agreement is entered into in conjunction with a trust agreement and the establishment of a trust account, either the reinsurance agreement or the trust agreement shall contain provisions that:
(1) Require the reinsurer to enter into a trust agreement and to establish a trust account for the benefit of the reinsured.
(2) Specify what recoverables and reserves, or both, the agreement is to cover.
(3) Require the reinsurer, prior to depositing assets with the trustee, to execute assignments or endorsements in blank, or transfer legal title to the trustee of all shares, obligations or other assets requiring assignments so that the ceding insurer, or the trustee upon the direction of the ceding insurer, may negotiate these assets without consent or signature from the reinsurer or any other entity.
(4) Require that all settlements of account between the ceding insurer and the reinsurer be made in cash or its equivalent.
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