Standard Reinsurance Agreement Template for Germany

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Key Requirements PROMPT example:

Standard Reinsurance Agreement

"I need a Standard Reinsurance Agreement under German law for a proportional treaty covering property and casualty risks, with specific provisions for cyber exclusions and a profit commission clause, to be effective from March 1, 2025."

Document background
The Standard Reinsurance Agreement is a fundamental document in the insurance industry that facilitates the transfer of risk from primary insurers to reinsurers under German law. This agreement is typically used when an insurer seeks to manage its risk exposure and capital requirements by transferring portions of its underwritten risks to a reinsurer. The document incorporates requirements from the German Insurance Contract Act (VVG), Insurance Supervision Act (VAG), and relevant EU regulations, particularly Solvency II requirements. It details all aspects of the reinsurance relationship, including risk acceptance criteria, premium calculations, claims procedures, reporting requirements, and regulatory compliance measures. The agreement is essential for establishing clear operational procedures and legal obligations between the parties while ensuring compliance with German regulatory requirements.
Suggested Sections

1. Parties: Identification of the reinsurer and cedant, including full legal names and registration details

2. Background: Context of the agreement, relationship between parties, and general purpose of the reinsurance arrangement

3. Definitions: Key terms used throughout the agreement, including technical reinsurance terminology

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

5. Premium and Payment Terms: Premium calculation methodology, payment schedules, and adjustment provisions

6. Claims and Settlement: Procedures for claims notification, handling, and settlement

7. Accounts and Settlements: Requirements for financial reporting, account statements, and settlement procedures

8. Security Requirements: Collateral or security deposit requirements and related procedures

9. Duration and Termination: Contract period, renewal terms, and termination provisions

10. Confidentiality: Provisions regarding confidential information handling and data protection

11. Governing Law and Jurisdiction: Specification of German law application and jurisdiction

12. Dispute Resolution: Procedures for handling disputes, including arbitration provisions

13. General Provisions: Standard contract clauses including severability, entire agreement, and amendments

Optional Sections

1. Sanctions Clause: Required when dealing with international risks or parties subject to potential sanctions

2. Broker Involvement: Needed when a reinsurance broker is involved in the arrangement

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

4. Portfolio Transfer: Required when existing business is being transferred as part of the arrangement

5. Profit Commission: Included in proportional treaties where profit sharing is agreed

6. Special Acceptance: Required when specific risks outside standard terms may be accepted

7. ECO/XPL Coverage: Optional coverage for extra contractual obligations and excess of policy limits

8. Special Termination: Additional termination rights for specific events like rating downgrades

Suggested Schedules

1. Schedule A - Risk Details: Detailed specification of covered risks, limits, and retentions

2. Schedule B - Premium Calculation: Detailed methodology for premium calculation and adjustments

3. Schedule C - Claims Information Requirements: Specific requirements for claims documentation and reporting

4. Schedule D - Accounting and Settlement Procedures: Detailed procedures for financial reporting and settlements

5. Schedule E - Security Requirements: Specific details of required security or collateral arrangements

6. Appendix 1 - Excluded Risks: Detailed list of specifically excluded risks and circumstances

7. Appendix 2 - Reporting Templates: Standard forms and templates for regular reporting requirements

8. Appendix 3 - Claims Guidelines: Detailed procedures and guidelines for claims handling

9. Appendix 4 - Information Sharing Protocol: Procedures for sharing sensitive or personal data in compliance with GDPR

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

Banking

Marine Insurance

Property Insurance

Casualty Insurance

Life Insurance

Health Insurance

Aviation Insurance

Energy Insurance

Cyber Insurance

Relevant Teams

Legal

Compliance

Risk Management

Underwriting

Claims

Finance

Actuarial

Operations

Technical Accounting

Regulatory Reporting

Portfolio Management

Relevant Roles

Chief Risk Officer

Reinsurance Manager

Underwriting Director

Claims Manager

Compliance Officer

Legal Counsel

Treaty Manager

Actuarial Manager

Financial Controller

Operations Director

Portfolio Manager

Risk Analyst

Technical Accounting Manager

Regulatory Reporting 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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