Fronting Agreement (Insurance) Template for Philippines

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Key Requirements PROMPT example:

Fronting Agreement (Insurance)

"I need a Fronting Agreement (Insurance) for our Philippine-licensed insurance company to front for a German reinsurer specifically for marine cargo insurance programs, with the agreement to commence on March 1, 2025, including provisions for claims handling by a third-party administrator in Manila."

Document background
The Fronting Agreement (Insurance) is essential in the Philippine insurance market where international insurers seek to provide coverage but lack direct licensing. This document is typically used when an international insurer wants to write business in the Philippines but must do so through a licensed local insurer. The agreement must comply with the Insurance Code of the Philippines (Republic Act No. 10607) and Insurance Commission regulations, particularly Circular Letter No. 2014-47 on fronting arrangements. It details the responsibilities of both parties, including premium collection, policy issuance, claims handling, and regulatory reporting. The document is crucial for businesses requiring specialized insurance coverage that may only be available through international markets while maintaining compliance with Philippine insurance regulations.
Suggested Sections

1. Parties: Identifies the fronting insurer and the reinsurer/backed insurer, including their legal status and regulatory authorizations

2. Background: Explains the context of the agreement, including the purpose of the fronting arrangement and regulatory framework

3. Definitions: Defines key terms used throughout the agreement, including technical insurance and regulatory terms

4. Scope of Agreement: Outlines the insurance programs covered, territories, and types of risks included in the fronting arrangement

5. Duties and Responsibilities: Details the obligations of both parties, including underwriting, claims handling, and reporting requirements

6. Premium and Commission Structure: Specifies the premium handling, commission arrangements, and payment terms

7. Risk Transfer and Reinsurance: Details the reinsurance arrangement, including retention limits and risk transfer mechanisms

8. Regulatory Compliance: Addresses compliance with Philippine insurance laws, reporting requirements, and regulatory filings

9. Claims Management: Establishes procedures for claims handling, settlement authority, and claims reporting

10. Security and Collateral: Specifies any required collateral or security arrangements to support the fronting relationship

11. Accounting and Reporting: Details financial reporting requirements, accounting procedures, and reconciliation processes

12. Term and Termination: Specifies the duration of the agreement and conditions for termination

13. Representations and Warranties: Contains standard and specific representations by both parties

14. Governing Law and Dispute Resolution: Specifies Philippine law as governing law and sets out dispute resolution procedures

15. General Provisions: Includes standard contractual provisions such as notices, amendments, and assignment

Optional Sections

1. Program-Specific Underwriting Guidelines: Used when specific insurance programs require detailed underwriting criteria and procedures

2. Profit Sharing Arrangements: Included when the parties agree to share profits from the fronted business

3. Third-Party Administrator Provisions: Required when a TPA is involved in claims or policy administration

4. Cut-Through Provisions: Included when direct access by insureds to the reinsurer is permitted in specific circumstances

5. Portfolio Transfer Provisions: Used when existing business is being transferred as part of the arrangement

6. Data Protection and Privacy: Required when significant personal data processing is involved in the program

7. Business Continuity Requirements: Included for high-volume or critical insurance programs

8. Sanctions Compliance: Required when the program involves international business or cross-border risks

Suggested Schedules

1. Schedule A - Insurance Programs: Detailed list of insurance programs covered under the agreement, including limits and conditions

2. Schedule B - Commission Structure: Detailed breakdown of commission rates and payment terms for different types of business

3. Schedule C - Service Level Requirements: Specific performance metrics and service standards for both parties

4. Schedule D - Claims Handling Procedures: Detailed procedures for claims processing, reporting, and settlement

5. Schedule E - Reporting Templates: Standard formats for required regular reports and financial statements

6. Schedule F - Security Calculation: Formula and procedures for calculating required collateral or security

7. Appendix 1 - Required Regulatory Filings: List of regulatory filings required under Philippine law

8. Appendix 2 - Authorized Signatories: List of persons authorized to act on behalf of each party

9. Appendix 3 - Policy Forms: Approved policy forms and endorsements to be used in the program

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

Financial Services

Banking

Manufacturing

Energy

Construction

Transportation

Healthcare

Real Estate

Mining

Telecommunications

Maritime

Aviation

Relevant Teams

Legal

Compliance

Risk Management

Underwriting

Claims

Finance

Operations

Regulatory Affairs

Business Development

Policy Administration

Actuarial

Treasury

Relevant Roles

Chief Executive Officer

Chief Risk Officer

Chief Financial Officer

Head of Underwriting

Claims Manager

Compliance Officer

Legal Counsel

Reinsurance Manager

Operations Director

Business Development Manager

Regulatory Affairs Manager

Insurance Manager

Risk Manager

Treasury Manager

Actuarial Manager

Policy Administration Manager

Industries
Insurance Code of the Philippines (Republic Act No. 10607): The primary legislation governing insurance contracts, operations, and regulations in the Philippines. It provides the fundamental legal framework for insurance arrangements, including requirements for insurance companies, contracts, and regulatory compliance.
Insurance Commission Circular Letter No. 2014-47: Provides guidelines on insurance fronting arrangements and sets requirements for domestic insurers acting as fronting companies for foreign insurers.
Corporation Code of the Philippines (Republic Act No. 11232): Governs corporate relationships and business arrangements, which is relevant for structuring the fronting agreement between insurance companies.
Anti-Money Laundering Act (Republic Act No. 9160): Imposes requirements for insurance companies to implement anti-money laundering measures and reporting requirements for suspicious transactions.
Consumer Act of the Philippines (Republic Act No. 7394): Protects consumer rights and interests in insurance contracts, including disclosure requirements and fair business practices.
National Internal Revenue Code: Governs the taxation aspects of insurance arrangements, including premium taxes and documentary stamp taxes applicable to insurance contracts.
Insurance Commission Circular Letter on Risk-Based Capital Framework: Sets capital requirements and risk management standards for insurance companies, which must be considered in fronting arrangements.
Insurance Commission Guidelines on Corporate Governance: Establishes governance requirements for insurance companies, including requirements for managing relationships with other insurers and business partners.
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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