Common use of CLAIMS, EXPENSES AND EXTRA-CONTRACTUAL DAMAGES Clause in Contracts

CLAIMS, EXPENSES AND EXTRA-CONTRACTUAL DAMAGES. Expenses incurred by the Ceding Company in settling, defending or investigating a claim for Individual Policy liability or in taking up or rescinding an Individual Policy reinsured under this Agreement shall be covered under this Agreement, but in no event shall the following categories of expenses or liabilities be covered under this Agreement: A. routine investigative or administrative expenses; B. expenses incurred in connection with a dispute or contest arising out of the conflicting claims of entitlement to Policy proceeds or benefits which the Ceding Company admits are payable; C. expenses, fees, settlements or judgments arising out of, related to or in connection with claims against the Ceding Company for consequential, compensatory, punitive or exemplary damages; and D. expenses, fees, settlements or judgments arising out of, related to or in connection with claims against the Ceding Company and based on alleged or actual bad faith, failure to exercise good faith, or tortious conduct.

Appears in 2 contracts

Samples: Automatic Indemnity Reinsurance Agreement (Lincoln Life & Annuity Variable Annuity Account H), Automatic Indemnity Reinsurance Agreement (Lincoln National Variable Annuity Account C)

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CLAIMS, EXPENSES AND EXTRA-CONTRACTUAL DAMAGES. Expenses incurred by the Ceding Company in settling, defending or investigating a claim for Individual Policy liability or in taking up or rescinding an Individual Policy relating to GB risks reinsured under this Agreement shall be covered under this Agreement, but in no event shall the following categories of expenses or liabilities be covered under this Agreement: A. routine investigative or administrative expenses; B. expenses incurred in connection with a dispute or contest arising out of the conflicting claims of entitlement to Policy proceeds or benefits which the Ceding Company admits are payable; C. expenses, fees, settlements or judgments arising out of, related to or in connection with claims against the Ceding Company for consequential, compensatory, punitive or exemplary damages; and D. expenses, fees, settlements or judgments arising out of, related to or in connection with claims against the Ceding Company and based on alleged or actual bad faith, failure to exercise good faith, or tortious conduct.

Appears in 1 contract

Samples: Automatic Indemnity Reinsurance Agreement (Lincoln New York Account N for Variable Annuities)

CLAIMS, EXPENSES AND EXTRA-CONTRACTUAL DAMAGES. Expenses incurred by the Ceding Company in settling, defending or investigating a claim for Individual Policy individual Reinsured Contract liability or in taking up or rescinding an Individual Policy relating to risks reinsured under this Agreement shall be covered under this Agreement, but in no event shall the following categories of expenses or liabilities be covered under this Agreement: A. routine i. Routine investigative or administrative expenses; B. expenses ii. Expenses incurred in connection with a dispute or contest arising out of the conflicting claims of entitlement to Policy contract proceeds or benefits which the Ceding Company admits are payable; C. expensesiii. Expenses, fees, settlements or judgments arising out of, related to or in connection with claims against the Ceding Company for consequential, compensatory, punitive or exemplary damages; and D. expensesiv. Expenses, fees, settlements or judgments arising out of, related to or in connection with claims against the Ceding Company and based on alleged or actual bad faith, failure to exercise good faith, or tortious conduct.

Appears in 1 contract

Samples: Coinsurance and Modified Coinsurance Reinsurance Agreement (Lincoln Life & Annuity Variable Annuity Account H)

CLAIMS, EXPENSES AND EXTRA-CONTRACTUAL DAMAGES. Expenses incurred by the Ceding Company in settling, defending or investigating a claim for Individual Policy liability or in taking up or rescinding an Individual Policy reinsured under this Agreement shall be covered under this Agreement, but in no event shall the following categories of expenses or liabilities be covered under this Agreement: A. routine investigative or administrative expenses; B. expenses incurred in connection with a dispute or contest arising out of the conflicting claims of entitlement to Policy proceeds or benefits which the Ceding Company admits are payable; C. expenses, fees, settlements settlements, or judgments arising out of, related to or in connection with claims against the Ceding Company for consequential, compensatory, punitive punitive, or exemplary damages; and D. expenses, fees, settlements settlements, or judgments arising out of, related to or in connection with claims against the Ceding Company and based on alleged or actual bad faith, failure to exercise good faith, or tortious conduct.

Appears in 1 contract

Samples: Automatic Indemnity Reinsurance Agreement (Lincoln Life Variable Annuity Account N)

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CLAIMS, EXPENSES AND EXTRA-CONTRACTUAL DAMAGES. Expenses incurred by the Ceding Company in settling, defending or investigating a claim for Individual Policy liability or in taking up or rescinding an Individual Policy reinsured under this Agreement shall be covered under this Agreement, but in no event shall the following categories of expenses or liabilities be covered under this Agreement: A. routine investigative or administrative expenses; B. expenses incurred in connection with a dispute or contest arising arising out of the conflicting claims of entitlement to Policy proceeds or benefits which the Ceding Company admits are payable; C. expenses, fees, settlements or judgments arising out of, related to or in connection with claims against the Ceding Company for consequential, compensatory, punitive or exemplary damages; and D. expenses, fees, settlements or judgments arising out of, related to or in connection with claims against the Ceding Company and based on alleged or actual bad faith, failure to exercise good faith, or tortious conduct.

Appears in 1 contract

Samples: Automatic Indemnity Reinsurance Agreement (Lincoln Life Variable Annuity Account N)

CLAIMS, EXPENSES AND EXTRA-CONTRACTUAL DAMAGES. Expenses incurred by the Ceding Company in settling, defending or investigating a claim for Individual Policy liability or in taking up or rescinding an Individual Policy reinsured under this Agreement shall be covered under this Agreement, but in no event shall the following categories of expenses or liabilities be covered under this Agreement: A. routine investigative or administrative expenses; B. expenses incurred in connection with a dispute or contest arising out of the conflicting claims of entitlement to Policy policy proceeds or benefits which the Ceding Company admits are payable; C. expenses, fees, settlements or judgments arising out of, related to or in connection with claims against the Ceding Company for consequential, compensatory, punitive or exemplary damages; and D. expenses, fees, settlements or judgments arising out of, related to or in connection with claims against the Ceding Company and based on alleged or actual bad faith, failure to exercise good faith, or tortious conduct.

Appears in 1 contract

Samples: Automatic Indemnity Reinsurance Agreement (Lincoln Life Variable Annuity Account N)

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