Section 130.10 - Reinsurer Ceasing to Qualify as Accredited or Certified ReinsurerIf an accredited or certified reinsurer ceases to meet the requirements for accreditation or certification, the commissioner may suspend or revoke the reinsurer's accreditation or certification.
(a) The commissioner must give the reinsurer notice and opportunity for hearing. The suspension or revocation may not take effect until after the commissioner's order on hearing, unless: 1. The reinsurer waives its right to hearing;2. The commissioner's order is based on regulatory action by the reinsurer's domiciliary jurisdiction or the voluntary surrender or termination of the reinsurer's eligibility to transact insurance or reinsurance business in its domiciliary jurisdiction or in the primary certifying state of the reinsurer under 211 CMR 130.04 or 130.07; or3. The commissioner finds that an emergency requires immediate action and a court of competent jurisdiction has not stayed the commissioner's action.(b) While a reinsurer's accreditation or certification is suspended, no reinsurance contract issued or renewed after the effective date of the suspension qualifies for credit except to the extent that the reinsurer's obligations under the contract are secured in accordance with 211 CMR 130.07. If a reinsurer's accreditation or certification is revoked, no credit for reinsurance may be granted after the effective date of the revocation, except to the extent that the reinsurer's obligations under the contract are secured in accordance with 211 CMR 130.04 or 130.07.Amended by Mass Register Issue 1323, eff. 10/7/2016.Amended by Mass Register Issue 1473, eff. 7/8/2022.Amended by Mass Register Issue 1475, eff. 7/8/2022.