507C.32 - REINSURER'S LIABILITY.
507C.32 REINSURER'S LIABILITY. Notwithstanding a provision in the reinsurance contract or other agreement, the amount recoverable by the liquidator from reinsurers shall not be reduced as a result of delinquency proceedings. Payment made directly to an insured or other creditor shall not diminish the reinsurer's obligation to the insurer's estate except when either of the following applies: 1. The contract or other written agreement specifically provides for another payee of the reinsurance in the event of the insolvency of the ceding insurer. 2. The assuming insurer, with the consent of the direct insured, has assumed the policy obligations of the ceding insurer as direct obligations of the assuming insurer to the payees under the policies and in substitution for the obligations of the ceding insurer to the payees.
Section History: Recent Form 84 Acts, ch 1175, § 32; 98 Acts, ch 1057, § 2