South Dakota § 58-14-4 - Credit not allowable as an asset or deduction from liability to ceding insurer--Exceptions--Payments.

§ 58-14-4. Credit not allowable as an asset or deduction from liability to ceding insurer--Exceptions--Payments.

No credit may be allowed, as an asset or as a deduction from liability, to any ceding insurer for reinsurance unless the reinsurance contract provides, in substance, that in the event of the insolvency of the ceding insurer, the reinsurance is payable under a contract reinsured by the reinsurer on the basis of reported claims allowed in the liquidation proceeding or proof of payment of the claim by a guaranty association without diminution because of the insolvency of the ceding insurer. Such payments shall be made directly to the ceding insurer or to its domiciliary liquidator unless:

(1)    The contract or other written agreement specifically provides another payee of such reinsurance in the event of the insolvency of the ceding insurer; or

(2)    The reinsurer, with the consent of the direct insured, has assumed such policy obligations of the ceding insurer as direct obligations of the reinsurer to the payees under such policies and in substitution for the obligations of the ceding insurer to such payees. The consent of the liquidator is required for any such assumption of policy obligations effected after an order of liquidation.

Source: SL 1966, ch 111, ch 4, § 10 (3); SL 1992, ch 344, § 15; SL 2005, ch 274, § 3.