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Insurance, reinsurance and surety law in the Dominican Republic

It is the specialty that defines the firm. Our partners do not merely litigate and advise on insurance and surety: they have founded and run insurers, reinsurers and underwriting agencies, and they know the Superintendencia de Seguros, the treaties and the claims from the inside.

Lawyers and underwriters at once

Law 146-02 on Insurance and Surety of the Dominican Republic regulates insurance companies, reinsurers, intermediaries and adjusters under the supervision of the Superintendencia de Seguros. It is a technical statute, with requirements on minimum capital, reserves, admitted investments, mandatory reinsurance and publication of financial statements. Reading it well requires understanding the insurance business, not just the legal text.

With more than thirty years in surety and reinsurance underwriting, and with executive leadership of a reinsurer domiciled in the country, our team advises the regulated from the experience of the regulated. That translates into licensing files that get approved, reinsurance treaties that work when the loss arrives, and surety claims resolved with judgment.

  • Formation and licensing of insurers, reinsurers and brokers before the Superintendencia de Seguros
  • Registration of foreign reinsurers and reinsurance intermediaries
  • Proportional and non proportional treaties, facultative placements and fronting agreements
  • Drafting and review of policies, general and particular conditions, and their regulatory approval
  • Judicial, performance, bid, customs and fidelity bonds: posting, acceptance and discharge
  • Coverage claims and litigation, subrogation and recovery against third parties
  • Ongoing compliance: reserves, investments, corporate governance, anti money laundering
  • Mergers, acquisitions and portfolio transfers between insurers

Surety: our specialty within the specialty

A surety bond is a guarantee contract, not insurance, even though Law 146-02 regulates both in the same statute. A surety that pays has the right to recover from its principal; an insurer that pays does not. That difference changes underwriting, collateral, claims and litigation. We advise contractors, bidders, importers and litigants on how to obtain the bond, how to get the court or the contracting entity to accept it, how to substitute collateral and how to discharge it when the obligation ends.

We also represent sureties and reinsurers in claims, in recovery actions against principals and indemnitors, and in the defense of improper claims. And in the United States, through VSP Law, PLLC and the group's affiliated companies, we handle federal and state court bonds, contractor bonds and license bonds.

Reinsurance and international capacity

Many Dominican and Latin American insurers need reinsurance capacity for risks beyond their retention, and many foreign reinsurers need to register in order to accept business from the country. We draft and negotiate treaties, slips and fronting agreements, handle reinsurer registration before the Superintendencia and structure programs that comply with the rules on mandatory reinsurance and acceptable reinsurers.

Frequently asked questions

What does it take to form an insurance company in the Dominican Republic?
A Dominican corporation (S.A.) with minimum capital according to the line of business, shareholders and directors of proven solvency, a business plan, a reinsurance program and authorization from the Superintendencia de Seguros under Law 146-02. The process takes several months and demands a complete file from the outset.
Can a foreign reinsurer accept Dominican risks?
Yes, provided it is enrolled in the Superintendencia de Seguros register of reinsurers and meets the rating and representation requirements the law imposes.
Will a Dominican court accept a surety bond instead of a cash deposit?
In most cases yes. A judicial bond issued by an authorized company is the ordinary form of security in attachments, conservatory measures and appeals, and it spares the litigant from tying up cash.

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