Administration of Excluded Liabilities. (a) Insurer shall retain liability and administrative responsibility for all Excluded Liabilities. Insurer shall reimburse Administrator for all reasonable out-of-pocket costs and expenses incurred by Administrator in connection with the administration of Excluded Liabilities. (b) With respect to any claims (including claims for reinsurance recoveries) presented in which both Reinsured Liabilities and Excluded Liabilities are alleged and where the predominant claim activities and costs relate to Excluded Liabilities, Administrator, on behalf of Reinsurer, shall notify Insurer and Insurer will either assume the administration of such claim activities or fund Administrator's out-of-pocket costs and expenses of such claim activities to the extent they relate to Excluded Liabilities. (c) In the event claims are presented in connection with Reinsured Liabilities, and it is in question whether a Reinsured Liability or an Excluded Liability is at issue, Administrator, on behalf of Reinsurer, shall defend or prosecute such claim and Insurer and Administrator shall resolve the responsibility for any amount of loss, allocated loss expense or other costs and expenses pursuant to the provisions of the RIC Quota Share Reinsurance Agreement. In the event that, during the course of a claim, it becomes clear that the claim (or a portion thereof) is an Excluded Liability, Administrator shall notify Insurer and Insurer will either assume the administration of such claim (or the Excluded Liability portion thereof) or fund the out-of-pocket costs and expenses of such claim activities to the extent they relate to Excluded Liabilities.
Appears in 2 contracts
Samples: Administrative Services Agreement (Alleghany Corp /De), Administrative Services Agreement (Alleghany Corp /De)
Administration of Excluded Liabilities. (a) Insurer shall retain liability and administrative responsibility for all Excluded Liabilities. Insurer shall reimburse Administrator for all reasonable out-of-pocket costs and expenses incurred by Administrator in connection with the administration of Excluded Liabilities.
(b) With respect to any claims (including claims for reinsurance recoveries) presented in which both Reinsured Liabilities and Excluded Liabilities are alleged and where the predominant claim activities and costs relate to Excluded Liabilities, Administrator, on behalf of Reinsurer, shall notify Insurer and Insurer will either assume the administration of such claim activities or fund Administrator's out-of-pocket costs and expenses of such claim activities to the extent they relate to Excluded Liabilities.
(c) In the event claims are presented in connection with Reinsured Liabilities, and it is in question whether a Reinsured Liability or an Excluded Liability is at issue, Administrator, on behalf of Reinsurer, shall defend or prosecute such claim and Insurer and Administrator shall resolve the responsibility for any amount of loss, allocated loss expense or other costs and expenses pursuant to the provisions of the RIC RSLIC Quota Share Reinsurance Agreement. In the event that, during the course of a claim, it becomes clear that the claim (or a portion thereof) is an Excluded Liability, Administrator shall notify Insurer and Insurer will either assume the administration of such claim (or the Excluded Liability portion thereof) or fund the out-of-pocket costs and expenses of such claim activities to the extent they relate to Excluded Liabilities.
Appears in 1 contract
Samples: Administrative Services Agreement (Alleghany Corp /De)
Administration of Excluded Liabilities. (a) Insurer shall retain liability and administrative responsibility for all Excluded Liabilities. Insurer shall reimburse Administrator for all reasonable out-of-pocket costs and expenses incurred by Administrator in connection with the administration of Excluded Liabilities.
(b) With respect to any claims (including claims for reinsurance recoveries) presented in which both Reinsured Liabilities and Excluded Liabilities are alleged and where the predominant claim activities and costs relate to Excluded Liabilities, Administrator, on behalf of Reinsurer, shall notify Insurer and Insurer will either assume the administration of such claim activities or fund Administrator's out-of-pocket costs and expenses of such claim activities to the extent they relate to Excluded Liabilities.
(c) In the event claims are presented in connection with Reinsured Liabilities, and it is in question whether a Reinsured Liability or an Excluded Liability is at issue, Administrator, on behalf of Reinsurer, shall defend or prosecute such claim and Insurer and Administrator shall resolve the responsibility for any amount of loss, allocated loss expense or other costs and expenses pursuant to the provisions of the RIC Landmark Quota Share Reinsurance Agreement. In the event that, during the course of a claim, it becomes clear that the claim (or a portion thereof) is an Excluded Liability, Administrator shall notify Insurer and Insurer will either assume the administration of such claim (or the Excluded Liability portion thereof) or fund the out-of-pocket costs and expenses of such claim activities to the extent they relate to Excluded Liabilities.
Appears in 1 contract
Samples: Administrative Services Agreement (Alleghany Corp /De)
Administration of Excluded Liabilities. (a) Insurer .
(a) Cedent shall retain liability and administrative responsibility for all Excluded Liabilities. Insurer Cedent shall reimburse Administrator Reinsurer for all reasonable out-of-pocket costs and expenses incurred by Administrator Reinsurer in connection with the administration of Excluded Liabilities.
(b) With respect to any claims (including claims for reinsurance recoveries) presented in which both Reinsured Liabilities and Excluded Liabilities are alleged and where the predominant claim activities and costs relate to Excluded Liabilities, Administrator, on behalf of Reinsurer, Reinsurer shall notify Insurer Cedent and Insurer Cedent will either assume the administration of such claim activities or fund Administrator's the out-of-pocket costs and expenses of such claim activities to the extent they relate to Excluded Liabilities.
(c) In the event claims (including claims for reinsurance recoveries) are presented in connection with Reinsured Liabilities, and it is in question whether a Reinsured Liability or an Excluded Liability is at issue, Administrator, on behalf of Reinsurer, Reinsurer shall defend or prosecute such claim and Insurer Cedent and Administrator Reinsurer shall resolve the responsibility for any amount of loss, allocated loss expense or other costs and expenses pursuant to the provisions of the RIC this Quota Share Reinsurance Agreement. In the event that, during the course of a claim, it becomes clear that the claim (or a portion thereof) is an Excluded Liability, Administrator Reinsurer shall notify Insurer Cedent and Insurer Cedent will either assume the administration of such claim (or the Excluded Liability portion thereof) or fund the out-of-pocket costs and expenses of such claim activities to the extent they relate to Excluded Liabilities.
(d) In the event that a claim (including claims for reinsurance recoveries) presented in connection with a Reinsured Contract is not a Reinsured Contract or is an Excluded Liability, Cedent shall have the sole responsibility to defend or prosecute such claim.
(e) With respect to those matters described in (b), (c) and (d) of this Section 5.3, the party administering the claim shall be provided the full cooperation of the other party and shall be responsible for reimbursing such other party for any out-of-pocket costs and expenses incurred by such party in providing such cooperation.
Appears in 1 contract
Samples: Quota Share Reinsurance Agreement (Reliance Group Holdings Inc)