760 IAC 1-56-16
760 IAC 1-56-16 Certificate of certified reinsurer, form CR-1
Cite as Ind. Admin. Code tit. 760, r. 1-56-16
Sec. 16. Form CR-1, Certificate of Certified Reinsurer, shall be as follows:
FORM CR-1
CERTIFICATE OF CERTIFIED REINSURER
I, (name of officer), (title of officer) of (name of assuming insurer), the assuming insurer under a reinsurance agreement
with one or more insurers domiciled in (name of state), in order to be considered for approval in this state, hereby certify that (name
of assuming insurer) ("Assuming Insurer"):
1. Submits to the jurisdiction of any court of competent jurisdiction in (ceding insurer's state of domicile) for the adjudication
of any issues arising out of the reinsurance agreement, agrees to comply with all requirements necessary to give such court jurisdiction, and will abide
by the final decision of such court or any appellate court in the event of an appeal. Nothing in this paragraph constitutes or should be understood
to constitute a waiver of Assuming Insurer's rights to commence an action in any court of competent jurisdiction in the United States, to remove an
action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state
in the United States. This paragraph is not intended to conflict with or override the obligation of the parties to the reinsurance agreement to arbitrate
their disputes if such an obligation is created in the agreement.
2. Designates the Insurance Commissioner of (ceding insurer's state of domicile) as its lawful attorney upon whom may be
served any lawful process in any action, suit or proceeding arising out of the reinsurance agreement instituted by or on behalf of the ceding
insurer.
3. Agrees to provide security in an amount equal to 100% of liabilities attributable to U.S. ceding insurers if it resists enforcement
of a final U.S. judgment or properly enforceable arbitration award.
4. Agrees to provide notification within 10 days of any regulatory actions taken against it, any change in the provisions of its
domiciliary license or any change in its rating by an approved rating agency, including a statement describing such changes and the reasons
therefor.
5. Agrees to annually file information comparable to relevant provisions of the NAIC financial statement for use by insurance markets
in accordance with 760 IAC 1-56.
6. Agrees to annually file the report of the independent auditor on the financial statements of the insurance enterprise.
7. Agrees to annually file audited financial statements, regulatory filings, and actuarial opinion in accordance with 760 IAC
1-56.
8. Agrees to annually file an updated list of all disputed and overdue reinsurance claims regarding reinsurance assumed from U.S.
domestic ceding insurers.
9. Is in good standing as an insurer or reinsurer with the supervisor of its domiciliary jurisdiction.
Dated:
(name of assuming insurer)
BY:
(name of officer)
(title of officer)