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European Insurance and Occupational Pensions Authority

3180

Q&A

Question ID: 3180

Regulation Reference: (EU) No 2015/35 - supplementing Dir 2009/138/EC - taking up & pursuit of the business of Insurance and Reinsurance (SII)

Topic: Reinsurance

Article: 55

Status: Final

Date of submission: 30 Oct 2024

Question

Considering the classification of (re)insurance contracts into Lines of Business (LoB) needs to be carried out based on the nature of the underlying risks and not the form of the contracts the (re)insurance products are based on: - Should the Technical Provisions (TPs) of a proportional reinsurance treaty where 100% of the original insurance contract premiums and claims are passed on to the reinsurer (with a commission being paid to the insurer), be classified under one of the "insurance" LoBs (1-12) instead of under one of the "proportional reinsurance" LoBs (13-24) by the reinsurer, as the nature of the underlying risks is the same as a regular insurance treaty, even though the form of the contract is a reinsurance contract? (i.e., the original insurer only receives a commission, but doesn't act as an insurance company, as it cedes all premiums and claims to the reinsurer) -If that reinsurance company purchased an outward reinsurance contract covering 100% of the risks it reinsures, would the TPs of the outward reinsurance treaty the be classified under LoBs 13-24 then, since the nature of the outward reinsurance treaty is coincides with its reinsurance treaty form?

Background of the question

Paragraph 2 of Article 55 of the EU 2015/35 Delegated Acts state the following: "The assignment of an insurance or reinsurance obligation to a line of business shall reflect the nature of the risks relating to the obligation. The legal form of the obligation shall not necessarily be determinative of the nature of the risk. "

EIOPA answer

Non-life inwards reinsurance contracts should be classified under LoBs 13 to 28.

Outwards reinsurance does not lead to the recognition of technical provisions, but reinsurance recoverables, which should be classified according to the nature of the risk transferred from the underlying contracts being reinsured. Please also see Q&A 3162.