(1) The following is Form AR-1 to be used for filing by an accredited reinsurer with the commissioner, of evidence of submission to the state's jurisdiction and to the state's authority to examine records as required by 33-2-1216(3) and (5) , MCA.

 

FORM AR-1

CERTIFICATE OF ASSUMING INSURER

 

I,                                                                               ,                                                                               

                    (name of officer)                                                             (title of officer)

 

of_____________________________________________ the assuming insurer

                    (name of assuming insurer)

under a reinsurance agreement(s) with one or more insurers domiciled in

_________________________________________________________hereby certify that

                    (name of state)

____________________________________________________ ("Assuming Insurer") :

                    (name of assuming insurer)

1. Submits to the jurisdiction of any court of competent jurisdiction in

___________________________________________________________________________

                    (ceding insurer's state of domicile)

for the adjudication of any issues arising out of the reinsurance agreement(s) , agrees to comply with all requirements necessary to give such court jurisdiction, and will abide by the final decision of such court or any appellate court in the event of an appeal. Nothing in this paragraph constitutes or should be understood to constitute a waiver of Assuming Insurer's rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. This paragraph is not intended to conflict with or override the obligation of the parties to the reinsurance agreement(s) to arbitrate their disputes if such an obligation is created m the agreement(s) .

 

2. Designates the Insurance Commissioner of_______________________________

                                                                                   (ceding insurer's state of domicile)

as its lawful attorney upon whom may be served any lawful process in any action, suit or proceeding arising out of the reinsurance agreement(s) instituted by or on behalf of the ceding insurer.

 

3. Submits to the authority of the Insurance Commissioner of

__________________________________________to examine its books and records

                    (ceding insurer's state of domicile)

and agrees to bear the expense of any such examination.

 

4. Submits with this form a current list of insurers domiciled in

_________________________________________reinsured by Assuming Insurer and

                    (ceding insurer's state of domicile)

undertakes, to submit additions to or deletions from the list to the Insurance Commissioner at least once per calendar quarter

 

Dated.________________                             _____________________

                                                           (name of assuming insurer)

 

                                                                       By: _________________

                                                          (name of officer)

 

                                                                           _____________________

                                                          (title of officer)