Entire Section
PIN 9.1 PIN 9.1 Introduction
PIN 9.1.1
Subject to PIN Rule 9.1.2, chapter applies to all
Insurers .
Derived from DFSA RM06/2004 (Made 16th September 2004). [VER1/09-04]PIN 9.1.2 PIN 9.1.2
In the case of an
Insurer that is not aDIFC Incorporated Insurer , this chapter applies only in respect ofInsurance Business carried on by theInsurer through an establishment in theDIFC .Derived from DFSA RM06/2004 (Made 16th September 2004). [VER1/09-04]PIN 9.1.2 Guidance
1. This chapter sets out prudential provisions applying toInsurers that cease to carry onInsurance Business , either wholly or in respect of a particularClass of Business . The provisions are also applicable toCells andLong-Term Insurance Funds ofInsurers , but do not (because of the effect of PIN Rule 9.1.2) apply to non-DIFC Insurance Business ofInsurers that are notDIFC Incorporated Insurers .2. Sections PIN 9.2 and PIN 9.3 set out actions that anInsurer is required to take when it decides to cease to effect or carry outContracts of Insurance . Sections PIN 9.4, PIN 9.5 and PIN 9.6 give theDFSA specific powers relating to the supervision of suchInsurers .
Derived from DFSA RM06/2004 (Made 16th September 2004). [VER1/09-04]PIN 9.1.3 PIN 9.1.3
For the purposes of this chapter, in determining whether an
Insurer is effectingContracts of Insurance , or has ceased effectingContracts of Insurance , includingContracts of Insurance effected through aCell or aLong-Term Insurance Fund ,Contracts of Insurance effected under a term of an existingContract of Insurance must be ignored.Derived from DFSA RM06/2004 (Made 16th September 2004). [VER1/09-04]PIN 9.1.3 Guidance
The effect of PIN Rule 9.1.3 is to disregard, for the purposes of determining whether the chapter applies,
Contracts of Insurance that are effected by theInsurer , as a consequence of a term of an existingContract of Insurance . A contract will normally only be regarded as being effected under a term of an existing contract if theInsurer does not have discretion to decline to effect the new contract, or if it would be unreasonable for theInsurer , having regard to the interests of the policyholder, to decline to effect it.
Derived from DFSA RM06/2004 (Made 16th September 2004). [VER1/09-04]PIN 9.1.4
In this chapter:
(a) anInsurer in run-off means anInsurer that has ceased to effectContracts of Insurance in respect of the whole of itsInsurance Business (or, in the case of anInsurer that is not aDIFC Incorporated Insurer , the whole of itsInsurance Business carried on through an establishment in theDIFC ), and aCell in run-off and aLong-Term Insurance Fund in run-off are construed accordingly; and(b) going into run-off or placingInsurance Business into run-off means ceasing to effectContracts of Insurance , and placing aCell or aLong-Term Insurance Fund into run-off are construed accordingly.
Derived from DFSA RM06/2004 (Made 16th September 2004). [VER1/09-04]