Tennessee § 56-13-112 - Reinsurance.

§ 56-13-112. Reinsurance.

Any captive insurance company may provide reinsurance as authorized by this title on risks ceded by any other insurer. Any captive insurance company may take credit for the reinsurance of risks or portions of risks ceded to reinsurers complying with this title. If the reinsurer is licensed as a risk retention group, then the ceding risk retention group or its members must qualify for membership with the reinsurer. The commissioner shall have the discretion to allow a captive insurance company to take credit for the reinsurance of risks or portions of risks ceded to an unauthorized reinsurer, after review, on a case by case basis. The commissioner may require any documents, financial information or other evidence that such an unauthorized reinsurer will be able to demonstrate adequate security for its financial obligations. In addition to reinsurers authorized by this title, a captive insurance company may take credit for the reinsurance of risks or portions of risks ceded to a pool, exchange or association to the extent authorized by the commissioner. The commissioner may require any documents, financial information or other evidence that such a pool, exchange or association will be able to provide adequate security for its financial obligations. The commissioner may deny authorization or impose any limitations on the activities of a reinsurance pool, exchange or association that, in the commissioner's judgment, are necessary and proper to provide adequate security for the ceding captive insurance company and for the protection and consequent benefit of the public at large. Except where specifically provided otherwise, insurance by a captive insurance company of any workers' compensation or accident and health qualified self-insured plan of its parent and affiliates, and the assumption of risk by a captive insurance company under any service contract issued by a parent or affiliate, is deemed to be reinsurance. Acts 2011, ch. 468, § 1; 2019, ch. 452, § 4. Compiler's Notes. Former chapter 13, §§ 56-13-101 — 56-13-133 (Acts 1978, ch. 616, §§ 1-30; 1979, ch. 147, §§ 1-6; T.C.A., §§ 56-4501 — 56-4529; Acts 1981, ch. 299, §§ 1-15; 1982, ch. 645, §§ 1-3; 1982, ch. 706, §§ 2, 3; Acts 1983, ch. 85, § 2; Acts 1983, ch. 246, § 1; 1986, ch. 723, §§ 1-7; Acts 1987, ch. 298, §§ 1, 3; 1989, ch. 266, §§ 1-8; Acts 1989, ch. 591, §§ 1-6; Acts 1992, ch. 790, § 1; Acts 2005, ch. 499, § 25; 2010, ch. 848, § 2), concerning the Tennessee Captive Insurance Company Act, was repealed by Acts 2011, ch. 468, § 1, effective September 1, 2011. Amendments. The 2019 amendment substituted “, and the assumption of risk by a captive insurance company under any service contract issued by a parent or affiliate, is deemed” for “shall be deemed” in (d). Effective Dates. Acts 2019, ch. 452, § 12. May 22, 2019.