Effective 28 Aug 2015
382.190. Transactions with affiliates, how conducted. — Material transactions by registered insurers with their affiliates are subject to the following standards:
(1) The terms shall be fair and reasonable;
(2) Charges or fees for services shall be reasonable;
(3) Expenses incurred and payment received shall be allocated to the insurer in conformity with customary insurance accounting practices consistently applied;
(4) The books, accounts and records of each party shall be maintained so as to clearly and accurately disclose the precise nature and details of the transactions including such accounting information as is necessary to support the reasonableness of the charges or fees to the respective parties;
(5) The insurer's surplus as regards policyholders following any dividends or distributions to shareholder affiliates shall be reasonable in relation to the insurer's outstanding liabilities and adequate to its financial needs; and
(6) Agreements for cost-sharing services and management shall include such provisions as required by the director by rule.
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(L. 1971 S.B. 101 § 22, A.L. 1992 H.B. 1574, A.L. 2015 H.B. 50)
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