TITLE 33 INSURANCE

Section 49. Reinsurance Intermediaries, 33-49-1 through 33-49-11.

ARTICLE 4 LIQUIDATION PROCEEDINGS

33-49-5. Retention of records.

1. For at least ten years after expiration of each contract of reinsurance transacted by the broker, the broker will keep a complete record for each transaction showing:
   1. The type of contract, limits, underwriting restrictions, classes or risks, and territory;
   2. The period of coverage, including effective and expiration dates, cancellation provisions, and notice required of cancellation;
   3. Reporting and settlement requirements of balances;
   4. The rate used to compute the reinsurance premium;
   5. The names and addresses of assuming reinsurers;
   6. Rates of all reinsurance commissions, including the commissions on any retrocessions handled by the broker;
   7. Related correspondence and memoranda;
   8. Proof of placement;
   9. Details regarding retrocessions handled by the broker including the identity of retrocessionaires and the percentage of each contract assumed or ceded;
   10. Financial records, including, but not limited to, premium and loss accounts; and
   11. When the broker procures a reinsurance contract on behalf of a licensed ceding insurer:
       1. Directly from any assuming reinsurer, written evidence that the assuming reinsurer has agreed to assume the risk; or
       2. If placed through a representative of the assuming reinsurer, other than an employee, written evidence that such reinsurer has delegated binding authority to the representative.
2. The insurer will have access and the right to copy and audit all accounts and records maintained by the broker related to its business in a form usable by the insurer.

(Code 1981, §33-49-5, enacted by Ga. L. 1991, p. 1424, § 8.)