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Chapter 7 Contract wordings                                                                   7/25




               D Clauses used in non-proportional wordings


               D1 Basis of cover clause

               This clause sets out the basis of the cover provided by the reinsurance contract. It describes the
                                                                                                   Describes the
               necessary relationship between the period of the reinsurance contract and a characteristic of the original  necessary
               insurance policy or claim, as appropriate.                                          relationship
               As you will see, on a losses occurring during (LOD) basis something must have happened during the
               reinsurance contract period; for example, a loss/claim must occur or be made or discovered during that
               period. On a risks attaching during (RAD) basis, the inception date of the original policy need only fall
               within that period. Each basis is discussed in detail below.

               Together, the period clause and the basis clause are known as the ‘commencement clause’.
               RAD (or policies issued) basis
               On this basis, reinsurers agree to assume liability for claims on risks or original policies attaching during  Refer to chapter 5,
                                                                                                    section B1 for
               the period of the reinsurance. A risk or policy is considered to attach if:          RAD basis
               • it incepts;
               • is re-signed (that is, multi-year contracts); or
               • is treated as having been re-signed at the date when such risks, or part of such risks, have reached
                 any maximum period on any preceding period of reinsurance, during the period of the reinsurance.
               Provided the inception date of a policy falls within the period of the reinsurance contract in question, the
               reinsurers on that treaty will be liable for all claims arising from that policy.

                Figure 7.1: RAD (or policies issued) basis
                                                                 Date of loss


                                 01/05/2009                                    30/04/2010                        Reference copy for CII Face to Face Training
                                                 Original policy period


                                  Reinsurance period


               In figure 7.1, if the date of loss was 24 March 2010 then the claim would be recoverable from the 2009 –  Chapter
               calendar year – reinsurance period, being the period in which the policy which gave rise to the loss  7
               incepted.
               Accordingly, it is possible for loss dates to be outside the period of the reinsurance contract, and for  Refer to section D7
                                                                                                    for interlocking
               major events (e.g. hurricanes) to impact more than one reinsurance period, as the applicable  clause
               reinsurance contract period depends on the date of original policy inception not the date of loss. You will
               see this basis in action when you come to the interlocking clause.

               Another characteristic of contracting on this basis is that the tail on the assumed business may be
               considerable if, for example, there is no limit on the period of the attaching policies. Contractors’ all
               risks policies may, for example, run to many years in length, producing claims long afterwards. To
               counter this, reinsurers often impose a warranty, limiting the period of the underlying risk to twelve
               months plus odd time but, in any event, no longer than 18 months (or similar). Also, the adjustment of
               premium, typically, takes place a year later than contracts written on the LOD basis.
               LOD basis
               On this basis, reinsurers agree to assume liability for claims occurring during the period of the
               reinsurance, irrespective of the inception dates of the original policies giving rise to the claims.
               The date the loss occurs is the date of loss which must fall within the reinsurance policy (and original
                                                                                                   The date the loss
               policy) period. The simplicity of this approach has great attraction for the parties, making it easy to  occurs is the date of
               understand and to administer. Importantly, the clause should also state how time (or dates) are to be  loss which must fall
                                                                                                   within the reinsurance
               defined (for example, ‘Local Standard Time at the place where the loss occurs’) because the time in one  policy
               place (or zone) will be different in another part of the world. Greenwich Mean Time remains in
               common use.
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