20-1557. Reinsurance

A. If a mortgage guaranty insurance company obtains reinsurance from an insurance company which is properly licensed to provide such reinsurance or from an appropriate governmental agency, the mortgage guaranty insurer and the reinsurer shall establish and maintain the reserves required in this article in appropriate proportions in relation to the risk retained by the original insurer and ceded to the assuming reinsurer so that the total reserves established shall not be less than the reserves required by this article.

B. Section 20-261, subsection D does not apply to a mortgage guaranty insurer.

C. Notwithstanding section 20-261, subsection A, a domestic mortgage guaranty insurer may reinsure its risks with a solvent insurer that has surplus to policyholders less than the minimum capital stock prescribed in section 20-1542 if the reinsurance agreement is approved by the director or the agreement both:

1. Cedes to a reinsurer that insures or reinsures only mortgage guaranty insurance.

2. Requires that reserves ceded to the reinsurer are secured in the manner prescribed in section 20-261.02.

D. A mortgage guaranty insurer shall file a report with the director that includes all information regarding its reinsurance agreements as required by the director. The mortgage guaranty insurer shall file the report prescribed in this subsection with its annual and quarterly financial statements.

E. Except as provided in subsection B of this section, this section does not alter or diminish a domestic mortgage guaranty insurer's obligation to report to the director, file documents with the director or obtain the director's approval as prescribed in this title.

F. Notwithstanding title 39, chapter 1, the information submitted pursuant to subsection D of this section is confidential and proprietary and the director shall not make the information available for public inspection without the written consent of the domestic mortgage guaranty insurer, except that:

1. This subsection does not prevent the department's use of the information for any regulatory purpose, disciplinary action or hearing.

2. The director shall release the information if the information is required by a subpoena issued in connection with an administrative, civil or criminal investigation by a government agency.

3. In a civil action or contested case in which the domestic mortgage guaranty insurer that submitted the information is a party, any other party to the action or case may obtain the information if the party seeking to discover the information shows all of the following:

(a) The information sought is relevant to and necessary for the furtherance of the action or case.

(b) The information sought is not available from any other nonconfidential source.

(c) A subpoena issued by a judicial or administrative officer of competent jurisdiction has been submitted to the director.

4. The director may disclose the information to a public official who has jurisdiction over the regulation of insurance in another state if the public official agrees in writing to maintain the confidentiality of the information and the laws of the state in which the public official serves allow or require the information to be and remain confidential.