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Utah Code Title 31A. Insurance Code § 31A-37-303. Reinsurance

Current as of January 01, 2025 | Updated by Findlaw Staff

(1)(a) A captive insurance company may cede risks to any insurance company approved by the commissioner.

(b) Except as provided in Subsection (1)(c), a captive insurance company may provide reinsurance on risks ceded by any other insurer with prior approval of the commissioner.

(c) A captive insurance company may not provide reinsurance on a punitive damages risk ceded by an insurer, unless the punitive damages risk is the risk of the captive insurance company's:

(i) parent;

(ii) affiliated company; or

(iii) controlled unaffiliated business.

(2)(a) A captive insurance company may take credit for reserves on risks or portions of risks ceded to reinsurers if the captive insurance company complies with:

(i)Section 31A-17-404, 31A-17-404.1, 31A-17-404.3, or 31A-17-404.4; or

(ii) other requirements as the commissioner may establish by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(b) Unless the reinsurer is in compliance with Section 31A-17-404, 31A-17-404.1, 31A-17-404.3, or 31A-17-404.4 or a rule adopted under Subsection (2)(a)(ii), a captive insurance company may not take credit for:

(i) reserves on risks ceded to a reinsurer; or

(ii) portions of risks ceded to a reinsurer.

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Cite this article: FindLaw.com - Utah Code Title 31A. Insurance Code § 31A-37-303. Reinsurance - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-31a-insurance-code/ut-code-sect-31a-37-303/

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