Section 760 IAC 1-56-17 - Certificate of reinsurer domiciled in reciprocal jurisdiction, form RJ-1Authority: IC 27-6-10.1-5
Affected IC 27-6-10.1
Sec. 17.
Form RJ-1, Certificate of Reinsurer Domiciled in Reciprocal Jurisdiction, shall be as follows:
FORM RJ-1
CERTIFICATE OF REINSURER DOMICILED IN RECIPROCAL JURISDICTION
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 the State of Indiana 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. The assuming insurer agrees that it will include such consent in each reinsurance agreement, if requested by the commissioner. 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, except to the extent such agreements are unenforceable under applicable insolvency or delinquency laws.2. Designates the Insurance Commissioner of the State of Indiana as its lawful attorney in and for the State of Indiana upon whom may be served any lawful process in any action, suit, or proceeding in this state arising out of the reinsurance agreement instituted by or on behalf of the ceding insurer.3. Agrees to pay all final judgments, wherever enforcement is sought, obtained by a ceding insurer, that have been declared enforceable in the territory where the judgment was obtained.4. Agrees to provide prompt written notice and explanation if it falls below the minimum capital and surplus or capital or surplus ratio, or if any regulatory action is taken against it for serious noncompliance with applicable law.5. Confirms that it is not presently participating in any solvent scheme of arrangement, which involves insurers domiciled in the State of Indiana. If the assuming insurer enters into such an arrangement, the assuming insurer agrees to notify the ceding insurer and the commissioner, and to provide 100% security to the ceding insurer consistent with the terms of the scheme.6. Agrees that in each reinsurance agreement it will provide security in an amount equal to 100% of the assuming insurer's liabilities attributable to reinsurance ceded pursuant to that agreement if the assuming insurer resists enforcement of a final U.S. judgment, that is enforceable under the law of the territory in which it was obtained, or a properly enforceable arbitration award whether obtained by the ceding insurer or by its resolution estate, if applicable.7. Agrees to provide the documentation in accordance with 760 IAC 1-56-7.8(c)(5), if requested by the commissioner. Dated:_____________ ____________________________________________
(name of assuming insurer)
BY:_________________________________________
(name of officer)
(title of officer)
Department of Insurance; 760 IAC 1-56-17; fiiled 6/2/2022, 3:33 p.m.: 20220629-IR-760210519FRA