Section 717.5 Of Article 3. Certificate Of Authority From California Insurance Code >> Division 1. >> Part 2. >> Chapter 1. >> Article 3.
717.5
. (a) For purposes of Sections 700 and 717, the commissioner
may determine that an insurer admitted and domiciled in this state,
or an insurer applying to become admitted and domiciled in this
state, including an applicant pursuant to subdivision (a) of Section
709.5, is qualified to be designated as a professional reinsurer, if
the commissioner determines that the insurer is all of the following:
(1) Principally engaged in the business of reinsurance.
(2) Does not conduct significant amounts of direct insurance as
percentage of its net premiums.
(3) Is not engaged, on an ongoing basis, in the business of
soliciting direct insurance.
(b) The commissioner may consider any information relevant to this
determination. An insurer that holds, or is applying for
qualification as, a professional reinsurer, shall provide the
commissioner with information or documentation regarding the
determinations under this section, upon request. The commissioner may
prescribe terms and conditions applicable to the certificate of
authority, as appropriate under this section.
(c) A domestic, professional reinsurer shall continue to be
qualified as long as it continues to meet the requirements set forth
in this section.
(d) The commissioner may, after notice and an opportunity to be
heard, revoke a reinsurer's qualification, if the reinsurer no longer
qualifies under this section.
(e) A domestic insurer that is qualified as a professional
reinsurer may include that designation in its name, solicitations,
and advertisements.
(f) An insurer seeking qualification under this section shall pay
a filing fee of two thousand five hundred dollars ($2,500), in
advance, to the commissioner.
(g) The commissioner may adopt regulations in accordance with the
procedure provided in Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code or otherwise
prescribe requirements consistent with this section.
(h) The commissioner may post prescribed requirements, consistent
with this section, on the department's Internet Web site.