Reinsurance Trust Agreement

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Reinsurance Trust Agreement: Definition & Sample

Category: A Contract Between Two Or More Parties Usually An Insurance Company And One Or More Reinsurers

A reinsurance trust agreement is a contract between two or more parties, usually an insurance company and one or more reinsurers.

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A reinsurance trust agreement is a contract between two or more parties, usually an insurance company and one or more reinsurers. The agreement outlines the responsibilities and liabilities of each party in the event of a claim. Reinsurance trust agreements are common in the insurance industry, and can be used to protect both insurers and policyholders.

THIS REINSURANCE TRUST AGREEMENT (this “Agreement”) is entered into on October 31, 2007 (the “Effective Date”), by and among MGA Insurance Company, Inc., a stock property and casualty insurance company domiciled in the State of Texas, as grantor (the “Grantor”), General Agents Insurance Company of America, Inc., a stock property and casualty insurance company domiciled in the State of Oklahoma, as the beneficiary (together with any successor thereof by operation of law, including, without limitation, any liquidator, rehabilitator, receiver or conservator, the “Beneficiary”) and Bank of Oklahoma, N.A., as trustee (the “Trustee”). The Grantor, the Beneficiary and the Trustee are each sometimes referred to herein individually as a “Party” and collectively as the “Parties”. Capitalized terms used herein shall have the meanings a-signed to such terms in Section 12 or elsewhere in this Agreement.

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Reinsurance Trust Agreement Definition | Law Insider

Category: Among The Reinsurer As Grantor The Ceding Insurer As Sole Beneficiary The Reinsurance Trustee As Trustee

Define Reinsurance Trust Agreement. means that Master Reinsurance Trust Agreement required under the Trust Account Creation and Funding Provisions Article.

Reinsurance Trust Agreement means that certain trust agreement, originally dated as of April 23, 2010 and as amended as of the Amendment Closing Date, among the Reinsurance Trustee, the Borrower and the Ceding Company.

On or prior to the date hereof, each Subscribing Reinsurer has entered into, or shall enter into, a Master Reinsurance Trust Agreement (the "Trust Agreement") in the form attached as Exhibit C to such Subscribing Reinsurer's Interests and Liabilities Agreement.

The A-sumption of Liability Endorsement and the Reinsurance Trust Agreement are attached to each Subscribing Reinsurer's Interests and Liabilities Agreement, and form part of and are incorporated into this Contract as Exhibit B and Exhibit C, respectively, for each Subscribing Reinsurer.

This Contract, the Policy, the A-sumption of Liability Endorsement, the Reinsurance Trust Agreement, and any other agreements referenced herein, constitute the entire agreement between the parties with respect to the business reinsured hereunder.

The Tail Loss Trust Agreement shall be in a form similar to the Reinsurance Trust Agreement with such changes as necessary to be consistent with the terms of this Article and as mutually agreed between the Parties, and shall be subject only to changes that may be requested by the Tail Loss Trustee.

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Category: Entered Into On October 31 2007 (the “ Effective Date ”) By And Among MGA Insurance

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Reinsurance Trust Agreements

In the past, OSFI has developed standard form RTAs that federally regulated companies (“ceding companies”) were required to use in order to be eligible for a capital/asset credit in respect of risks that have been reinsured with an unregistered reinsurer.

While OSFI is of the view that its standard form RTAs generally provide adequate protection to ceding companies, there is currently some discussion within the legal community as to whether their enforceability could be challenged and whether other arrangements would be beneficial to ceding companies, while providing a similar or greater level of protection. Although OSFI had initially considered developing a standard Reinsurance Security Agreement to replace the current RTA, OSFI has decided not to pursue that approach.

recognizing that the use of an appropriate standard form agreement is a fact-specific determination and the creation of a first-ranking perfected security interest depends on more than just the form of agreement (e.g., registration);

minimizing the costs to, and responsibility of, OSFI a-sociated with the review of all personal property legislation as well as securities transfer legislation in the thirteen provincial/territorial jurisdictions that would have been required if OSFI had decided to develop a standard Reinsurance Security Agreement.

Under its new approach, OSFI will require ceding companies to negotiate and enter into suitable arrangements and to take all necessary practical and operational measures to create and maintain a valid first-ranking security interest in a-sets of an unregistered reinsurer that are held in Canada. Ceding companies will also have to provide a legal opinion addressed to the ceding company and OSFI, and on which OSFI will be entitled to rely, a-serting that such an interest has been created in their favour. Further, ceding companies will be expected to approve a-sets pledged or withdrawn. In that regard, OSFI has outlined minimum standards for a security agreement, for the accompanying legal opinion as well as supervisory matters (attached). These minimum standards are available on the OSFI Web site at

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Reinsurance Trust Agreement Sample Clauses | Law Insider

Category: Shall Immediately Secure Its Obligations Under This Agreement Pursuant To A Trust Account Established Under The Reinsurance Trust Agreement

Reinsurance Trust Agreement. On the date hereof, in accordance with the Reinsurance Trust Agreement to be entered into between the Parties, in the form attached hereto as Exhibit V (as such agreement may be amended from time to time in writing by mutual consent of the Ceding Company, the Reinsurer and the trustee (the “Trustee”) thereunder, the “Reinsurance Trust Agreement”), the Reinsurer, as grantor, shall create a trust account (the “Reinsurance Trust Account”) naming the Ceding Company as sole beneficiary thereof. The Reinsurance Trust Account shall initially be funded with Trust A-sets the Fair Value of which (as of the date hereof) is at least equal to the Reinsurer’s Quota Share of the Statutory Reserves as of the Effective Date.

Reinsurance Trust Agreement. The Reinsurer shall immediately secure its obligations under this Agreement pursuant to a trust account established under the Reinsurance Trust Agreement, with a qualified United States financial institution, to be executed by the Reinsurer and the Company. The a-sets deposited in the trust account shall be valued according to their current fair market values and shall consist only of cash (United States legal tender) and other types of a-sets identified in the Reinsurance Trust Agreement; provided, however, none of the a-sets deposited into the trust account shall consist of investments issued by the parent, subsidiary or affiliate of the Reinsurer. Notwithstanding any provision in this Agreement, the a-sets held in the trust account shall only be withdrawn, utilized and applied in accordance with the terms and conditions of the Reinsurance Trust Agreement.

Reinsurance Trust Agreement. Prior to the Restatement Date, Prime Re, as grantor, created (i) a trust account to support the Pecan-Funded Reserves (the “Pecan-Funded Reserves Trust Account”) and (ii) a trust account to support the Prime-Funded Reserves (the “Prime-Funded Reserves Trust Account,” and together with the Pecan-Funded Reserves Trust Account, the “Reinsurance Trust Accounts”) and has named the Ceding Company as sole beneficiary of each Reinsurance Trust Account. On the Restatement Date, the Reinsurer a-sumed through novation Prime Re's position, as grantor, under the Pecan-Funded Reserves Trust Account and the Prime-Funded Reserves Trust Account.

The Trust Agreement The Trust Agreement has been duly authorized, executed and delivered by the Company and constitutes a valid and legally binding obligation of the Company enforceable against the Company in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally or by equitable principles relating to enforceability.

Trust Agreement The Trust Agreement has been duly authorized, executed and delivered by the Company, and is a valid and binding agreement of the Company, enforceable against the Company, in accordance with its terms except as the enforceability thereof may be limited by bankruptcy, insolvency, or similar laws affecting creditors’ rights generally from time to time in effect and by equitable principles of general applicability.

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Reinsurance Agreements | Department of Financial Services

If the reinsurance agreement contains language providing for reimbursement for "fraud or bad faith" such language is to be deleted. A domestic company can retain this language in its reinsurance agreements provided an exclusionary clause with the following language is inserted in the applicable articles:

"If any provision of this contract shall be rendered illegal or unenforceable by the laws, regulations or public policy of any state, such provision shall be void in such state, but this shall not affect the validity or enforceability of such provision in any other jurisdiction."

Any reinsurance agreement that names more than one reinsured must set forth, within the contract, the rights and obligations of each reinsured to the contract. The only time this requirement is relaxed, is where there is an underlying pooling arrangement which specifically sets forth each pool member's responsibility. In the absence of and underlying pooling arrangement the reinsurance contract must either be in the name of one reinsured or contain acceptable terminology covering multiple reinsureds.

Each of your reinsurance contracts with multiple reinsured companies must be modified either by having only one named reinsured per agreement or adding an article which defines the contract in terms of each individual reinsured.

"Each party to this contract agrees to honor the terms set forth herein as if the contract were a separate agreement between the Reinsurer and each individually named Reinsured. Balances payable or recoverable by any Reinsurer or each individual named Reinsurer or individual named Reinsured shall not serve to offset any balances payable or recoverable to or from any other Reinsured party to the contract.

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Category: REINSURANCE TRUST AGREEMENT (this “ Agreement ”) Is Made Effective As Of The 22 Nd Day Of May 2013 (the “ Effective Date ”) By And Among Osprey Re

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Reinsurance Trust Agreement

Category: REINSURANCE TRUST AGREEMENT

Reinsurance Trust Agreement for PRIMERICA, INC., Bank of New York Mellon, Insurance Trust Group, Primerica Life Insurance Company, SWISS RE LIFE & HEALTH AMERICA INC, Swiss Re Management AG, Swiss Reinsurance Company Ltd - Sample agreements, legal documents, and contracts from RealDealDocs.

This REINSURANCE TRUST AGREEMENT, dated as of June 23, 2022 (the “Agreement”), by and among Swiss Re Life & Health America Inc., a life insurance company domiciled under the laws of Missouri (the “Grantor”), which term shall include any successor and a-signs of the Grantor by operation of law, including without limitation any liquidator, rehabilitator, receiver or conservator, Primerica Life Insurance Company, a stock life insurance company domiciled in the State of Tennessee (the “Beneficiary”), which term shall include any successor and a-signs of the Beneficiary by operation of law, including without limitation any liquidator, rehabilitator, receiver or conservator, and The Bank of New York Mellon, a New York banking corporation with trust authority organized and existing under the laws of the State of New York (the “Trustee”) (the Grantor, the Beneficiary and the Trustee are hereinafter each sometimes referred to individually as a “Party” and collectively as the “Parties”). If a court of law appoints a successor in interest to the Beneficiary, then the Beneficiary includes, and is limited to, the court appointed domiciliary receiver, conservator, rehabilitator or liquidator.

WHEREAS , the Beneficiary desires the Grantor to secure payments of amounts at any time and from time to time owing by the Grantor to the Beneficiary under the Reinsurance Agreement;

WHEREAS , the Grantor desires to transfer to the Trustee for deposit to the trust account established hereby (the “Trust Account”) such a-sets as it may desire to make subject to this Agreement in order to secure payments under the Reinsurance Agreement;

WHEREAS , this Agreement is made for the sole benefit of the Beneficiary and for the purpose of setting forth the duties and powers of the Trustee with respect to the Trust Account;

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Reinsurance Trust Agreement

Category: AGREEMENT (the “Agreement”) Made This 23rd Day Of November 2020 By And Among American Health And Life Insurance Company

Reinsurance Trust Agreement for PRIMERICA, INC., American Health and Life Insurance Company, JPMorgan Chase Bank, NA, National Benefit Life Insurance Company - Sample agreements, legal documents, and contracts from RealDealDocs.

THIS AGREEMENT (the “Agreement”) made this 23rd day of November, 2020 by and among American Health and Life Insurance Company, a corporation organized and existing under the laws of Texas (hereinafter the “Grantor”), National Benefit Life Insurance Company, a corporation organized and existing under the laws of New York (hereinafter the “Beneficiary”) and JPMorgan Chase Bank, N.A., a national banking a-sociation (hereinafter the “Trustee”).

WHEREAS Grantor and Beneficiary desire to appoint Trustee as trustee and have Trustee create a trust account on its records and accept the delivery of a-sets in the form of Authorized Investments (hereinafter defined) for deposit into the trust account.

Section 1.01. Grantor hereby establishes a trust account (the “Trust Account”) with the Trustee. The Trustee shall administer the Trust Account for the sole use and benefit of Beneficiary, upon the terms and conditions hereinafter set forth.

Section 1.02. The Trustee and its lawfully appointed successors is and are authorized and shall have power to receive such securities and other property as Grantor from time to time may transfer or remit to or vest in the Trustee or place with the Trustee or under the Trustee’s control, and to hold and dispose of the same in accordance with the provisions hereinafter set forth. All such trusteed a-sets at all times shall be maintained as a trust account, separate and distinct from all other a-sets, and shall be continuously kept within the United States of America.

Section 1.03. The Trustee shall determine that all a-sets delivered to and deposited in the Trust Account by Grantor are in such form that Beneficiary or the Trustee, upon direction of Beneficiary, may, whenever necessary, negotiate any such a-sets, without consent or signature from Grantor or any other person or entity.

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Reinsurance Definition, Types, and How It Works

Reinsurance is the practice of one or more insurers a-suming another insurance company's risk portfolio in an effort to balance the insurance market.

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Reinsurance is also known as insurance for insurers or stop-loss insurance. Reinsurance is the practice whereby insurers transfer portions of their risk portfolios to other parties by some form of agreement to reduce the likelihood of paying a large obligation resulting from an insurance claim.

The party that diversifies its insurance portfolio is known as the ceding party. The party that accepts a portion of the potential obligation in exchange for a share of the insurance premium is known as the reinsurer.

Reinsurance allows insurers to remain solvent by recovering some or all amounts paid to claimants. Reinsurance reduces the net liability on individual risks and catastrophe protection from large or multiple losses. The practice also provides ceding companies, those that seek reinsurance, the capacity to increase their underwriting capabilities in terms of the number and size of risks.

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New York Amends Credit for Reinsurance Regulation, Relaxing Unauthorized Reinsurer Collateral Requirements - Insurance & Reinsurance

The New York State Insurance Department (NYID) recently promulgated a Tenth Amendment to New York Regulations 17, 20 and 20-A (11 NYCRR 125) (the Amendment), effective January 1, 2011, which authorizes the NYID Superintendent (the Superintendent) to reduce the amount of collateral required for domestic insurers to receive full financial statement credit for reinsurance ceded to unauthorized reinsurers satisfying the requirements detailed below. However, the collateral reductions are only applicable to “funds withheld” collateral arrangements (which include Regulation 114 trusts and qualifying letters of credit). The Amendment does not allow any reduction in US trust funds for the benefit of all US cedents as established by accredited reinsurers. The Amendment also imposes new obligations relating to management of credit risk upon all ceding insurers authorized to do business in New York, regardless of whether the reinsurers to which they cede risk are authorized in the state. Relaxation of Unauthorized Reinsurer Collateral Requirements With respect to reinsurance contracts entered into or renewed on or after January 1, 2011, the Amendment authorizes the Superintendent to reduce the amount of collateral unauthorized and unaccredited reinsurers must post for domestic cedents to receive credit for reinsurance ceded for property, casualty, life, annuity and accident and health risks. The Amendment only addresses the amount of collateral that must be provided to a cedent under a reinsurance treaty as security for the payment of obligations thereunder. Heretofore, the cedent could only take credit to the extent of the value of that collateral, i.e., full credit for liabilities ceded required 100% collateralization. Now, as detailed below, the rating of the reinsurer, as a-signed by the Superintendent, will determine whether and how much collateral must be provided. The Amendment also permits foreign ceding insurers licensed in New York to take credit for reinsurance recognized by the cedent’s state of domicile, provided that the state of domicile is an NAIC-accredited state or has financial solvency requirements substantially similar to the requirements necessary for NAIC accreditation. This conforms to the requirements of The Nonadmitted and Reinsurance Reform Act, part of the Dodd-Frank Wall Street Reform and Consumer Protection Act, which will go into effect this summer. Level to Which Collateral May be Reduced Under the Amendment, the Superintendent shall a-sign ratings to unauthorized reinsurers ranging from Secure-1 to Vulnerable-5, and the amount of collateral required is based upon the rating a-signed. The minimum amounts required to be withheld for a cedent to receive full credit for reinsurance are as follows:

The Superintendent’s discretion in a-signing ratings is restricted by the financial strength ratings a-signed to reinsurers by approved rating agencies, as a reinsurer’s rating cannot be higher than its lowest corresponding rating from any of the four rating agencies listed below.

In a-signing such ratings, the Superintendent may consider any information he or she deems relevant, including the reinsurer’s business practices in dealing with its cedents, any regulatory actions against the reinsurer, and the reinsurer’s annual financial statement regulatory filings, and actuarial opinions. Eligibility Requirements To be eligible for reduced collateral under the Amendment, an unauthorized reinsurer must:

Reinsurance contracts with alien unauthorized reinsurers must also provide that the reinsurer will fund the entire amount for which the cedent has taken credit for reinsurance recoverable within 30 days after an order of rehabilitation, liquidation or conservation has been entered against the cedent. Filing Requirements and Fees To be eligible for reduced collateral reinsurers must:

New Risk Management Requirements Applicable to All CedentsThe Amendment also imposes new obligations upon all ceding insurers authorized to do business in New York relating to the management of credit risk in ceding reinsurance. These obligations apply to such cedents effective January 1, 2011. Financial Prudence RequiredThe Amendment requires that cedents “at all times act with financial prudence when entering into any reinsurance arrangement” and “properly consider and account for all factors a-sociated with such an agreement.” Eight such factors are specified, including the following:

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and JBA to and reinsurance analytics - tigerrisk.com

reinsurance intermediary and capital advisory firm, and JBA Risk Management, the hazard modeling specialist, today announced they have entered into an agreement to integrate their …

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Irrevocable Funeral Trusts / Burial Contracts & Medicaid

Jan 02, 2022 · Value of Irrevocable Funeral Trusts for Medicaid Eligibility by State Per Spouse – Updated Jan. 2022. Alabama. $15,000 – may require goods & services statement. Alaska. …

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Best Summit, New Jersey Reinsurance Lawyers | Best Lawyers

View the top attorneys in Best Lawyers in Summit, New Jersey for Reinsurance Law and get an overview of lawyer recognitions, attorney biographies, firm...

Reinsurance is essentially “insurance for insurance companies.” It is a contractual arrangement whereby one insurer (the ceding insurer) transfers all or a portion of the risks it underwrites pursuant to a policy or a group of policies to another insurer (the reinsurer). The availability of reinsurance enables an insurer to accept risks that would otherwise be beyond its underwriting capacity by allowing the ceding insurer to “reinsure” a portion of the risk of loss. Reinsurance is a mechanism that enables insurers to spread the risk of catastrophic losses among a larger pool of insurers.

Reinsurance is generally available on a “pro rata” or proportional basis, or on an “excess of loss” basis. A pro rata reinsurance contract obligates the reinsurer to indemnify the ceding insurer for a percentage of any losses from the original risk in return for a corresponding portion of the premium for the original risk. Pro rata reinsurance arrangements generally require the reinsurer to pay a proportion of any losses that occur with no retention (a portion of the risk that the ceding insurer “retains” for its own account). Excess of loss reinsurance indemnifies the ceding insurer for all or a stated portion of loss in excess of a stated retention.

Reinsurance contracts are typically written on either a “treaty” or “facultative” basis. Both can be written as pro rata or excess of loss. Treaty reinsurance provides coverage for specified business (e.g. casualty or workers compensation). The treaty protects the ceding insurer’s entire “book” of policies for the specified business. Facultative reinsurance is designed to protect an individual policy or risk written by the ceding insurer. Both treaty and facultative reinsurance is commonly provided by a number of reinsurers, each agreeing to a-sume a portion of the reinsured liability.

Attorneys who practice reinsurance law are involved in the negotiation and drafting of reinsurance contracts and in the resolution of disputes between ceding insurers and their reinsurers. Disagreements may arise over whether a particular risk or claim is covered by the reinsurance contract or how a large number of claims settlements are “allocated” among the ceding insurers policies. Administrative disputes involving underwriting practices, claims handling, access to records, and audit rights are not uncommon. Many reinsurance contracts call for disputes to be resolved through binding arbitration before a panel of current or former officers or directors of insurance or reinsurance companies.

Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

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Reinsurance Trust Agreement

Top FAQs for Reinsurance Trust Agreement

Reinsurance Trust Agreement: Definition & Sample

Reinsurance Trust Agreement Definition | Law Insider

SEC.gov | Request Rate Threshold Exceeded

2022 Annual Member Meeting

Reinsurance Trust Agreements

Reinsurance Trust Agreement Sample Clauses | Law Insider

Reinsurance Agreements | Department of Financial Services

SEC.gov | Request Rate Threshold Exceeded

Reinsurance Trust Agreement

Reinsurance Trust Agreement

Reinsurance Definition, Types, and How It Works

New York Amends Credit for Reinsurance Regulation, Relaxing Unauthorized Reinsurer Collateral Requirements - Insurance & Reinsurance

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