Reinsurance Agreement Template for Germany

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Key Requirements PROMPT example:

Reinsurance Agreement

"Need a German law Reinsurance Agreement for a property catastrophe treaty covering multiple European cedents, with capacity of €500M, effective January 1, 2025, including special provisions for natural catastrophe events and climate-related risks."

Document background
The Reinsurance Agreement serves as the foundational document for risk transfer arrangements between insurance companies operating under German law. It is utilized when an insurer seeks to transfer part of its risk portfolio to a reinsurer, thereby managing its exposure and meeting regulatory capital requirements. The agreement must comply with German insurance regulations, including the Insurance Contract Act (VVG) and Insurance Supervision Act (VAG), as well as EU directives such as Solvency II. This document typically includes detailed provisions for risk acceptance, premium calculations, claims procedures, reporting requirements, and security arrangements. The agreement is particularly important for insurers managing their risk exposure and capital efficiency, while ensuring compliance with German regulatory requirements and market practices.
Suggested Sections

1. Parties: Identification of the reinsurer and reinsured (cedent), including full legal names and addresses

2. Background: Context of the reinsurance arrangement and general purpose of the agreement

3. Definitions: Detailed definitions of technical terms, including specific reinsurance terminology and financial concepts

4. Scope of Cover: Detailed description of risks covered, classes of business, and territorial limits

5. Period of Agreement: Duration of coverage, including renewal terms and run-off provisions

6. Premium and Commission: Premium calculation methodology, payment terms, and commission structures

7. Claims and Settlements: Claims notification procedures, settlement processes, and loss adjustment provisions

8. Accounts and Settlements: Financial reporting requirements, settlement periods, and currency provisions

9. Security Requirements: Credit requirements, collateral provisions, and financial security arrangements

10. Access to Records: Audit rights and information sharing obligations

11. Confidentiality: Confidentiality obligations and permitted disclosures

12. Data Protection: GDPR compliance and data handling requirements

13. Termination: Termination rights, grounds for termination, and consequences

14. Governing Law and Jurisdiction: Confirmation of German law governance and jurisdiction provisions

15. General Provisions: Standard boilerplate clauses adapted to German law requirements

Optional Sections

1. Profit Commission: Include when profit-sharing arrangements are part of the reinsurance structure

2. Funds Withheld: Required when implementing funds withheld arrangements

3. Portfolio Transfer: Include when there is transfer of existing business at inception or expiry

4. Special Acceptance: Needed for facultative-obligatory treaties or when special risks require specific acceptance

5. Sanctions Clause: Include when international business is covered or parties are subject to different sanctions regimes

6. Special Termination: Include specific triggers for early termination such as rating downgrades or change of control

7. Cut-Through Clause: Optional provision allowing direct access by original insured in specific circumstances

8. Offset Clause: Include when parties have multiple agreements and want right to offset balances

Suggested Schedules

1. Schedule A - Risk Details: Detailed description of covered risks, limits, deductibles, and exclusions

2. Schedule B - Premium Calculation: Detailed methodology for premium calculation, including minimum and deposit premium provisions

3. Schedule C - Reporting Requirements: Templates and timing for bordereaux and other required reports

4. Schedule D - Claims Guidelines: Detailed claims handling procedures and authority limits

5. Schedule E - Security Requirements: Specific details of any collateral or security requirements

6. Appendix 1 - Claims Control Clause: Detailed procedures for claims exceeding specified thresholds

7. Appendix 2 - Excluded Risks: Comprehensive list of excluded risks and territories

8. Appendix 3 - Information Sharing Protocol: Procedures for sharing sensitive information and maintaining confidentiality

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Insurance

Reinsurance

Financial Services

Risk Management

Marine Insurance

Property Insurance

Casualty Insurance

Life Insurance

Health Insurance

Aviation Insurance

Energy Insurance

Cyber Insurance

Relevant Teams

Legal

Compliance

Risk Management

Underwriting

Claims

Actuarial

Finance

Operations

Technical Accounting

Regulatory Affairs

Portfolio Management

Relevant Roles

Chief Risk Officer

Reinsurance Manager

Legal Counsel

Compliance Officer

Underwriting Director

Claims Manager

Actuarial Manager

Treaty Administrator

Risk Analyst

Insurance Operations Manager

Portfolio Manager

Chief Financial Officer

Regulatory Affairs Director

Technical Accounting Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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