Common use of Claims Servicing Clause in Contracts

Claims Servicing. (i) CITIZENS is solely responsible for the servicing of claims for losses occurring (a) prior to the Assumption Date under a Removed Policy, (b) at any time under a Rejected Policy, and (c) at any time under a Returned Policy. (ii) Insurer is solely responsible for the servicing of claims for losses occurring on or after an Assumption Date under a Removed Policy. CITIZENS shall have no responsibility for payment of losses or loss adjustment expenses or for the servicing of claims with respect to losses occurring under any Removed Policy on or after the Assumption Date. (iii) CITIZENS agrees that in instances where the sharing of information will facilitate the resolution of a claim which has occurred after the Assumption Date, and in accordance with applicable state and federal laws, it will share prior claims, underwriting and other information with the Insurer. CITIZENS reserves the right at any time to deny access to any and all such information or to seek the permission of the Policyholder for release of such information. Insurer agrees to treat all information provided to them as confidential and certifies that all such information provided to them by CITIZENS shall be used strictly to adjust a claim and for no other purpose. (iv) With regard to losses occurring on Removed Policies after the Assumption Date, CITIZENS shall give notice promptly to the Insurer of any claim by a third party or the commencement of any legal proceedings against CITIZENS with respect to such claim. The Insurer shall have the exclusive right to control the contest and defense for any such claim incurred or litigation initiated as of the Assumption Date. The liability of the Insurer under the Removed Policies shall always follow that of CITIZENS, and any error or omission of CITIZENS or its agents shall in no way relieve the Insurer of its liability or obligations in respect of the matters affected by such errors or omissions, it being understood and agreed that the Insurer shall follow and share the same fortune as CITIZENS under all circumstances. (v) CITIZENS agrees to assign to the Insurer any and all salvage and subrogation rights arising with respect to losses occurring on or after an Assumption Date, which CITIZENS may have with respect to the Removed Policies.

Appears in 4 contracts

Samples: Assumption Agreement (Heritage Insurance Holdings, LLC), Assumption Agreement (Heritage Insurance Holdings, LLC), Assumption Agreement (Homeowners Choice, Inc.)

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Claims Servicing. (i) CITIZENS is solely responsible for the servicing of claims for losses occurring (a) prior to the Assumption Date under a Removed Policy, (b) at any time under a Rejected Policy, and (c) at any time under a Returned Policy. (ii) Insurer is solely responsible for the servicing of claims for losses occurring on or after an Assumption Date under a Removed Policy. CITIZENS shall have no responsibility for payment of losses or loss adjustment expenses or for the servicing of claims with respect to losses occurring under any Removed Policy on or after the Assumption Date. (iii) CITIZENS agrees that in instances where the sharing of information will facilitate the resolution of a claim which has occurred after the Assumption Date, and in accordance with applicable state and federal laws, it will share prior claims, underwriting and other information with the Insurer. CITIZENS reserves the right at any time anytime to deny access to any and all such information or to seek the permission of the Policyholder for release of such information. Insurer agrees to treat all information provided to them as confidential and certifies that all such information provided to them by CITIZENS shall be used strictly to adjust a claim and for no other purpose. (iv) With regard to losses occurring on Removed Policies after the Assumption Date, CITIZENS shall give notice promptly to the Insurer of any claim by a third party or the commencement of any legal proceedings against CITIZENS with respect to such claim. The Insurer shall have the exclusive right to control the contest and defense for any such claim incurred or litigation initiated as of the Assumption Date. The liability of the Insurer under the Removed Policies shall always follow that of CITIZENS, and any error or omission of CITIZENS or its agents shall in no way relieve the Insurer of its liability or obligations in respect of the matters affected by such errors or omissions, it being understood and agreed that the Insurer shall follow and share the same fortune as CITIZENS under all circumstances. (v) CITIZENS agrees to assign to the Insurer any and all salvage and subrogation rights arising with respect to losses occurring on or after an Assumption Date, which CITIZENS may have with respect to the Removed Policies.

Appears in 3 contracts

Samples: Assumption Agreement (United Insurance Holdings Corp.), Assumption Agreement (United Insurance Holdings Corp.), Assumption Agreement (United Insurance Holdings Corp.)

Claims Servicing. (i) CITIZENS TWIA is solely responsible for the servicing of claims for losses occurring (a) prior to the Assumption Date under a Removed Policy, (b) at any time under a Rejected Policy, and (c) at any time under a Returned PolicyDate. (ii) Insurer is solely responsible for the servicing of claims for losses occurring on or after an the Assumption Date under a Removed Policy. CITIZENS Date. iii) Insurer shall adjust claims for losses occurring on or after the Assumption Date, excluding claims filed against Replacement Policies, in accordance with Chapter 2210, Texas Insurance Code and the TWIA policy terms and conditions. iv) TWIA shall have no responsibility for payment of losses or loss adjustment expenses or for the servicing of claims with respect to losses occurring reported under any Removed Policy on or after the Assumption Date. (iiiv) CITIZENS TWIA agrees that in instances where the sharing of information will facilitate the resolution of a claim which has occurred after the Assumption Date, and in accordance with applicable state and federal laws, it will share prior claims, underwriting and other information with the Insurer. CITIZENS TWIA reserves the right at any time to deny access to any and all such information or to seek the permission of the Policyholder policyholder for release of such information. Insurer agrees to treat all information provided to them as confidential and certifies that all such information provided to them by CITIZENS TWIA shall be used strictly to adjust a claim and for no other purpose. (ivvi) With regard to losses occurring on Removed Policies after the Assumption Date, CITIZENS TWIA shall give notice promptly to the Insurer of any claim by a third party or the commencement of any legal proceedings against CITIZENS TWIA with respect to such claim. The Insurer shall have the exclusive right to control the contest and defense for any such claim incurred or litigation initiated as of the Assumption Date. The liability of the Insurer under the Removed Policies shall always follow that of CITIZENS, and any . vii) Any error or omission of CITIZENS TWIA, its Board of Directors or its the Department, or any of the foregoing’s representatives, service providers, agents or employees in servicing or reporting claims shall in no way relieve the Insurer of its liability or obligations in respect of the matters affected by such errors or omissions, it being under this Agreement. It is understood and agreed that the Insurer shall follow and share the same fortune as CITIZENS TWIA under all circumstances. See also Section 6, below. (vviii) CITIZENS TWIA agrees to assign to the Insurer any and all salvage and subrogation rights arising with respect to losses occurring on or after an the Assumption Date, which CITIZENS TWIA may have with respect to the Removed Policies.

Appears in 3 contracts

Samples: Offer and Assumption Agreement, Offer and Assumption Agreement, Offer and Assumption Agreement

Claims Servicing. (i) CITIZENS is solely responsible for the servicing of claims for losses occurring (a) prior to the Assumption Date under a Removed Policy, (b) at any time under a Rejected Policy, and (c) at any time under a Returned Policy. (ii) Insurer is solely responsible for the servicing of claims for losses occurring on or after an Assumption Date under a Removed Policy. CITIZENS shall have no responsibility for payment of losses or loss adjustment expenses or for the servicing of claims with respect to losses occurring under any Removed Policy on or after the Assumption Date. (iii) CITIZENS agrees that in instances where the sharing of information will facilitate the resolution of a claim which has occurred after the Assumption Date, and in accordance with applicable state and federal laws, it will share prior claims, underwriting and other information with the Insurer. CITIZENS reserves the right at any time to deny access to any and all such information or to seek the permission of the Policyholder for release of such information. Insurer agrees to treat all information provided to them as confidential and certifies that all such information provided to them by CITIZENS shall be used strictly to adjust a claim and for no other purpose. (iv) With regard to losses occurring on Removed Policies after the Assumption Date, CITIZENS shall give notice promptly to the Insurer of any claim by a third party or the commencement of any legal proceedings against CITIZENS with respect to such claim. The Insurer insurer shall have the exclusive right to control the contest and defense for any such claim incurred or litigation initiated Initiated as of the Assumption Date. The liability of the Insurer under the Removed Policies shall always follow that of CITIZENS, and any error or omission of CITIZENS or its Its agents shall in no way relieve the Insurer of its liability or obligations in respect of the matters affected by such errors or omissions, it being understood and agreed that the Insurer shall follow and share the same fortune as CITIZENS under all circumstances. (v) CITIZENS agrees to assign to the Insurer any and all salvage and subrogation rights arising with respect to losses occurring on or after an Assumption Date, which CITIZENS may have with respect to the Removed Policies.

Appears in 2 contracts

Samples: Assumption Agreement (Homeowners Choice, Inc.), Assumption Agreement (Homeowners Choice, Inc.)

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Claims Servicing. (i) CITIZENS TWIA is solely responsible for the servicing of claims for losses occurring (a) prior to the Assumption Date under a Removed Policy, (b) at any time under a Rejected Policy, and (c) at any time under a Returned PolicyDate. (ii) Insurer is solely responsible for the servicing of claims for losses occurring on or after an the Assumption Date under a Removed Policy. CITIZENS Date. iii) Insurer shall adjust claims for losses occurring on or after the Assumption Date, excluding claims filed against Replacement Policies, in accordance with Chapter 2210, Texas Insurance Code and the TWIA policy terms and conditions. iv) TWIA shall have no responsibility for payment of losses or loss adjustment expenses or for the servicing of claims with respect to losses occurring reported under any Removed Policy on or after the Assumption Date. (iiiv) CITIZENS TWIA agrees that in instances where the sharing of information will facilitate the resolution of a claim which has occurred after the Assumption Date, and in accordance with applicable state and federal laws, it will share prior claims, underwriting and other information with the Insurer. CITIZENS TWIA reserves the right at any time to deny access to any and all such information or to seek the permission of the Policyholder policyholder for release of such information. Insurer agrees to treat all information provided to them as confidential and certifies that all such information provided to them by CITIZENS TWIA shall be used strictly to adjust a claim and for no other purposeotherpurpose. (ivvi) With regard to losses occurring on Removed Policies after the Assumption Date, CITIZENS TWIA shall give notice promptly to the Insurer of any claim by a third party or the commencement of any legal proceedings against CITIZENS TWIA with respect to such claim. The Insurer shall have the exclusive right to control the contest and defense for any such claim incurred or litigation initiated as of the Assumption Date. The liability of the Insurer under the Removed Policies shall always follow that of CITIZENS, and any . vii) Any error or omission of CITIZENS TWIA, its Board of Directors or its the Department, or any of the foregoing’s representatives, service providers, agents or employees in servicing or reporting claims shall in no way relieve the Insurer of its liability or obligations in respect of the matters affected by such errors or omissions, it being under this Agreement. It is understood and agreed that the Insurer shall follow and share the same fortune as CITIZENS TWIA under all circumstances. See also Section 6, below. (vviii) CITIZENS TWIA agrees to assign to the Insurer any and all salvage and subrogation rights arising with respect to losses occurring on or after an the Assumption Date, which CITIZENS TWIA may have with respect to the Removed Policies.

Appears in 1 contract

Samples: Offer and Assumption Agreement

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