Page 165 - Fire Insurance Ebook IC 57
P. 165

The Insurance Times

n This treaty called a 'first surplus treaty' may be supplemented by
     a 'second surplus treaty' to absorb the amounts which are beyond
     the capacity of the 'first surplus' treaty.

The salient provisions generally found in a surplus treaty
are as follows:-

a) The scope of the treaty is defined with reference to the number of
     lines, the geographical area and the class of business.

b) It is provided that the liability of the reinsurer shall commence
     obligatorily and simultaneously with that of the ceding insurer as
     soon as the retention of the ceding insurer is exceeded.

c) The ceding insurer is required to record particulars of all amounts
     ceded to the reinsurer who is entitled to inspect such records.

d) ''All losses in respect of which the reinsurer's share is estimated
     to exceed an agreed figure are required to be advised to the
     reinsurers within specified period of the receipt of information by
     the ceding insurer.

e) All settlements, adjustments and compromises of claims including
     ex-gratia payments made by the ceding insurer are binding on the
     reinsurer, provided the cause of loss is within the scope of the
     cover.

f) Whenever loss attaching to the treaty exceeds an "agreed amount"
     the ceding company has the right to call for immediate payment
     from reinsurers their share of loss. Such "agreed amount" is known
     as "cash loss limit" under the treaty.

g) The ceding insurer retains an agreed percentage of the annual
     premium as a premium reserve which is adjusted subsequently in
     the accounts.

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