Register January 2006 No. 601
Chapter Ins 47
REINSURANCE INTERMEDIARY REGULATION
Required contract provisions-reinsurance intermediary-brokers.
Books and records-reinsurance intermediary-brokers.
Duties of insurers utilizing the services of a reinsurance intermediary-broker; prohibited function.
Required contract provisions-reinsurance intermediary-manager.
Duties of reinsurers utilizing the services of a reinsurance intermediary-manager.
Effect of noncompliance on contract terms.
Ch. Ins 47 Note
Chapter Ins 47
was created as an emergency rule effective March 12, 1993.
Ins 47.01 Definitions.
In this chapter:
“Actuary"" means a person who is a member in good standing of the American academy of actuaries.
“Controlling person" means any person who directly or indirectly has the power to direct or cause to be directed, the management, control or activities of the reinsurance intermediary.
“Policyholder surplus" means capital and surplus.
“Reinsurer" means an insurer licensed in this state with the authority to assume reinsurance under ch. 627, Stats.
“Reinsurance intermediary" means a reinsurance intermediary-broker or a reinsurance intermediary-manager.
“Reinsurance intermediary-broker" means any person, other than an officer or employe of the ceding insurer, who solicits, negotiates or places reinsurance cessions or retrocessions on behalf of a ceding insurer.
“Reinsurance intermediary-manager" means any person not excluded under par. (b)
Has authority to bind, manages a separate division, department or underwriting office with responsibility for, or manages all or part of, assumed reinsurance business of a reinsurer; and
A United States manager of the United States branch of an alien reinsurer;
An underwriting manager which, pursuant to contract, manages all or part of the reinsurance operations of the reinsurer, is under common control with the reinsurer, is subject to ch. 617, Stats.
, and ch. Ins 40
, or the laws and rules of another state which are substantially similar to ch. 617, Stats.
, and ch. Ins 40
, and whose compensation is not based on the volume of premiums written.
The manager of a group, association, pool or organization of insurers which engage in joint underwriting or joint reinsurance and who are subject to examination by the insurance commissioner of the state in which the manager's principal business office is located.
“Qualified United States financial institution" means a financial institution that:
Is organized or, in the case of a United States office of a foreign banking organization, licensed, under the laws of the United States or any state;
Is regulated, supervised and examined by federal or state authorities having regulatory authority over financial institutions; and
Has been determined by either the commissioner, or the securities valuation office of the national association of insurance commissioners, to meet such standards of financial condition and standing as are considered necessary and appropriate to regulate the quality of financial institutions whose letters of credit will be acceptable to the commissioner.
Ins 47.01 History
Cr. Register, July, 1993, No. 451
, eff. 8-1-93.
No person may act as a reinsurance intermediary-broker in this state if the reinsurance intermediary-broker maintains an office either directly or as a member or employe of a firm or association, or an officer, director or employe of a corporation:
In this state, unless the reinsurance intermediary-broker is a licensed reinsurance intermediary-broker in this state;
In another state, unless the reinsurance intermediary-broker is a licensed reinsurance intermediary-broker in this state or for that function in another state having a law or rule substantially similar to this chapter.
Except as provided by sub. (2)
, no person may act as a reinsurance intermediary-manager:
For a reinsurer domiciled in this state, unless the person is a licensed reinsurance intermediary-manager in this state;
In this state, if the person maintains an office either directly or as a member or employe of a firm or association, or an officer, director or employe of a corporation in this state, unless the person is a licensed reinsurance intermediary-manager in this state; or
In another state for a nondomestic insurer, unless the person is a licensed reinsurance intermediary-manager in this state or for that function in another state having a law substantially similar to this chapter.
This section does not apply to a natural person if:
The natural person is named in the application or supplement to an application for a reinsurance intermediary license and the license designates the natural person as authorized to act under the license; and
The natural person is a member or employe of a firm or association licensed as a reinsurance intermediary or is an officer, director or employe of a corporation licensed as an intermediary.
The commissioner may require a reinsurance intermediary-manager required to be licensed under sub. (1)
File a bond in an amount and from an insurer acceptable to the commissioner for the protection of the reinsurer; and
Maintain an errors and omissions policy in an amount acceptable to the commissioner.
The commissioner may issue a reinsurance intermediary license to any person who complies with the requirements of this chapter and s. Ins 6.58
If the applicant for a reinsurance intermediary license is a nonresident, the applicant, as a condition precedent to receiving or holding a license, shall:
Designate the commissioner as agent for service of process in the manner, and with the same legal effect, provided for by this chapter for designation of service of process upon unauthorized insurers; and
Furnish the commissioner with the name and address of a resident of this state upon whom notices or orders of the commissioner or process affecting the nonresident reinsurance intermediary may be served.
A nonresident reinsurance intermediary licensee shall promptly notify the commissioner in writing of every change in its designated agent for service of process, and the change is not effective until acknowledged by the commissioner.
The commissioner may refuse to issue or revoke, suspend or summarily suspend, a reinsurance intermediary license if the applicant, anyone named on the application or supplement to the application, or any member, principal, officer or director of the applicant, is not trustworthy, or any controlling person is not trustworthy or any of them has given cause for revocation or suspension of a license, or has failed to comply with any prerequisite for the issuance of a reinsurance intermediary license.
The commissioner may refuse to issue, suspend, summarily suspend or revoke the license of a reinsurance intermediary for violation of chs. 600
, Stats., a rule adopted under chs. 600
, Stats., or on any grounds described in s. 628.10