HRS §431:19-111
Reinsurance by captive insurance companies
This section says a captive insurance company needs the insurance commissioner's approval before it can reinsure another insurer's risks or give up its own risks to a reinsurer. Special rules apply to risk retention captive insurance companies, which may get credit for reinsurance if the reinsurer follows certain guidelines.
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The statute, as written — Reinsurance
(a) Any captive insurance company may provide reinsurance on risks ceded by any other insurer only upon approval of the reinsurance agreement by the commissioner. (b) Any captive insurance company may take credit for reserves on risks ceded to a reinsurer; provided that no captive insurance company shall cede risks without the approval of the commissioner. (c) In the case of a risk retention captive insurance company, a risk retention captive insurance company: (1) Shall qualify for credit for reinsurance on risks ceded to a reinsurer if the reinsurer is in compliance with article 4A; or (2) May qualify for credit for reinsurance on risks ceded to a reinsurer, if the reinsurer meets the reinsurance guidelines for risk retention captive insurance companies as adopted by the commissioner pursuant to chapter 91.
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