Common use of COMMENCEMENT AND TERMINATION Clause in Contracts

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Standard Time, July 1, 2011, with respect to losses arising out of loss occurrences commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Standard Time, July 1, 2012. B. Notwithstanding the provisions of paragraph A above, the Company may terminate a Subscribing Reinsurer's percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occur: 1. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at the inception of this Contract has been reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or 2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during the term of this Contract has been reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contract; or 3. The Subscribing Reinsurer's A.M. Best's rating has been assigned or downgraded below A- and/or Standard & Poor's rating has been assigned or downgraded below BBB+; or 4. The Subscribing Reinsurer has become merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; or 6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 7. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent; or 8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; or 9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid. C. The "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to 12:01 a.m., Eastern Standard Time, July 1, 2012. However, if this Contract is terminated, the "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to the effective time and date of termination. D. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progress, the Reinsurer's liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract.

Appears in 5 contracts

Samples: Excess Catastrophe Reinsurance Contract (21st Century Holding Co), Second Event Excess Catastrophe Reinsurance Contract (21st Century Holding Co), Excess Catastrophe Reinsurance Contract (21st Century Holding Co)

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COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Standard Time, July 1, 20112013, with respect to losses arising out of loss occurrences commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Standard Time, July 1, 20122014. B. Notwithstanding the provisions of paragraph A above, the Company may terminate a Subscribing Reinsurer's percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occur: 1. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at the inception of this Contract has been reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or 2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during the term of this Contract has been reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contract; or 3. The Subscribing Reinsurer's A.M. Best's rating has been assigned or downgraded below A- and/or Standard & Poor's rating has been assigned or downgraded below BBB+; or 4. The Subscribing Reinsurer has become merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; or 6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 7. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent; or 8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; or 98. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid. C. The "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 2013 to 12:01 a.m., Eastern Standard Time, July 1, 20122014. However, if this Contract is terminated, the "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 2013 to the effective time and date of termination. D. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progress, the Reinsurer's liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract.

Appears in 3 contracts

Samples: Excess Catastrophe Reinsurance Contract (Federated National Holding Co), Excess Catastrophe Reinsurance Contract (Federated National Holding Co), Excess Catastrophe Reinsurance Contract (Federated National Holding Co)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Standard Time, July 1, 20112016, with respect to reinstatement premium payable by the Company under the Original Contract as a result of losses arising out of loss occurrences commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Standard Time, July 1, 2012.2017.  B. Notwithstanding the provisions of paragraph A above, the Company may terminate a Subscribing Reinsurer's percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occur::  1. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at the inception of this Contract has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) 12 months prior to that date; oror  2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during the term of this Contract has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contract; oror  3. The Subscribing Reinsurer's A.M. Best's rating has been assigned or downgraded below A- and/or Standard & Poor's rating has been assigned or downgraded below BBB+; oror  4. The Subscribing Reinsurer has become become, or has announced its intention to become, merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; oror  5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; oror  6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; oror  7. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent; oror  8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; oror  9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid; or  10. The Subscribing Reinsurer has failed to comply with the funding requirements set forth in the Reserves Article. C. The "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to 12:01 a.m., Eastern Standard Time, July 1, 2012. However, if this Contract is terminated, the "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to the effective time and date of termination. D. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progress, the Reinsurer's liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract.

Appears in 2 contracts

Samples: Reinsurance Contract (Federated National Holding Co), Reinsurance Contract (Federated National Holding Co)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Standard Time, July 1, 20112016, with respect to losses arising out of loss occurrences commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Standard Time, July 1, 2012.2017.  B. Notwithstanding the provisions of paragraph A above, the Company may terminate a Subscribing Reinsurer's percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occur::  1. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at the inception of this Contract has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) 12 months prior to that date; oror  2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during the term of this Contract has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contract; oror  3. The Subscribing Reinsurer's A.M. Best's rating has been assigned or downgraded below A- and/or Standard & Poor's rating has been assigned or downgraded below BBB+; oror  4. The Subscribing Reinsurer has become become, or has announced its intention to become, merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; oror  5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; oror  6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; oror  7. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent; oror  8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; oror  9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid.; or  10. The Subscribing Reinsurer has failed to comply with the funding requirements set forth in the Reserves Article.  C. The "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 2016 to 12:01 a.m., Eastern Standard Time, July 1, 20122017. However, if this Contract is terminated, the "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 2016 to the effective time and date of termination..  D. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progress, the Reinsurer's liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract..  

Appears in 2 contracts

Samples: Excess Catastrophe Reinsurance Contract (Federated National Holding Co), Excess Catastrophe Reinsurance Contract (Federated National Holding Co)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Central Standard Time, July April 1, 20112014, with respect to losses arising out of loss occurrences commencing at or after that time and date, and shall remain continue in force thereafter until terminated. B. Either party may terminate this Contract at 12:01 a.m., Eastern Central Standard Time, July 1, 2012on any April 1 by giving the other party not less than 90 days prior written notice as set forth in the Notices and Contract Execution Article. B. C. Notwithstanding the provisions of paragraph paragraphs A and B above, the Company may terminate a Subscribing Reinsurer's percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occuroccur as clarified by public announcement or upon discovery: 1. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at after the earlier of: (a) the inception of this Contract Contract, or (b) the date lines are bound for this Contract, has been reduced by more than 20.030.0% of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or 2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during between the term earlier of: (a) the inception of this Contract, or (b) the date lines are bound for this Contract, and the date of termination of this Contract has been reduced by more than 20.030.0% of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contractdate lines are bound; or 3. The Subscribing Reinsurer's A.M. Best's rating has been assigned or downgraded below A- and/or Standard & Poor's rating has been assigned or downgraded below BBB+; or 4. The Subscribing Reinsurer has become merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing assuming business; or 64. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 75. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent; or 6. The A.M. Best's rating for the Subscribing Reinsurer has been assigned or downgraded below A- (inclusive of "Not Rated" ratings), or the published rating issued by Standard & Poor's has been downgraded below BBB+ (inclusive of "Not Rated" ratings); or 7. The Subscribing Reinsurer has become merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; or 8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; or 9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid. C. The D. In the event a Subscribing Reinsurer experiences one or more of the circumstances specified in paragraph C above, the Subscribing Reinsurer shall notify the Company as promptly as possible and shall hereinafter be referred to as a "term of Special Circumstance Reinsurer." To terminate a Special Circumstance Reinsurer's percentage share in this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to 12:01 a.m., Eastern Standard Time, July 1, 2012. However, if this Contract is terminated, the "term Company must provide the Special Circumstance Reinsurer with written notice as set forth in the Notices and Contract Execution Article. Such notice shall include the effective date of this Contract" termination as used herein selected by the Company and shall mean be one of the period from 12:01 a.m., Eastern Standard Time, July following: 1, 2011 . The date of written notice provided by the Special Circumstance Reinsurer; or 2. The last day of the month prior to the date of written notice provided by the Special Circumstance Reinsurer; or 3. The last day of any month after the date of written notice provided by the Special Circumstance Reinsurer; or 4. The date of the Company's written notice to the Special Circumstance Reinsurer advising of the termination. In the event the Subscribing Reinsurer fails to immediately provide written notice to the Company of any event outlined in subparagraphs 1 through 9 of paragraph C above, the Company may elect to substitute the date of public announcement or discovery as the equivalent of written notice. E. Unless the Company elects to reassume the ceded unearned premium in force on the effective date of termination, and so notifies the Reinsurer prior to or as promptly as possible after the effective date of termination, reinsurance hereunder on business in force on the effective date of termination shall remain in full force and effect until expiration, cancellation or next premium anniversary of such business, whichever first occurs, but in no event beyond 12 months plus odd time and following the effective date of termination. D. If F. Notwithstanding the provisions of paragraph E above, if the Company is prohibited or precluded by the appropriate regulatory authorities, or by law (in those states where applicable and enforced), from arranging mid-term cancellation or non-renewal of any policies subject to this Contract is beyond their natural expiry, the Reinsurer agrees to extend coverage under this Contract until such policies may be terminated or expires while a loss occurrence covered hereunder is non-renewed by the Company, but in progress, no event beyond 18 months after the Reinsurer's liability hereunder shall, subject to the other terms and conditions effective date of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contracttermination.

Appears in 2 contracts

Samples: Residential Quota Share Reinsurance Contract (Homeowners of America Holding Corp), Reinsurance Contract (Homeowners of America Holding Corp)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Local Standard TimeTime at the location where the loss occurrence commences, July June 1, 20112007, with respect to reinstatement premium payable by the Company under the provisions of the Underlying Contract as a result of losses arising out of loss occurrences commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Local Standard TimeTime at the location where the loss occurrence commences, July June 1, 20122008. B. Notwithstanding the provisions of paragraph A above, if any of the following events occur on or after the date lines are bound and, with the timing exceptions as qualified by subparagraphs 1 and 2 below, before the termination of the Contract, the Company may terminate a Subscribing Reinsurer's ’s percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occurContract: 1. The Subscribing Reinsurer's policyholders' ’s surplus (as regards policyholders or its the foreign equivalent under thereto after the Subscribing Reinsurer's accounting system) at the inception of date lines are bound for this Contract has been reduced by more than 20.025.0% of the amount of surplus (or the applicable equivalent) foreign equivalent 12 months prior to that date; or 2. The Subscribing Reinsurer's policyholders' ’s surplus (as regards policyholders or its the foreign equivalent under the Subscribing Reinsurer's accounting system) thereto at any time during between the term date lines are bound and the date of termination of this Contract has been reduced by more than 20.025.0% of the amount of surplus (or the applicable equivalent) foreign equivalent at the date of the Subscribing Reinsurer's ’s most recent financial statement filed with regulatory authorities and available to the public as of the inception of date lines are bound for this Contract; or 3. The Subscribing Reinsurer's ’s A.M. Best's ’s rating has been assigned or downgraded below A- (inclusive of “Not Rated” ratings) and/or Standard & Poor's ’s rating has been assigned or downgraded below BBB+; or 4. The Subscribing Reinsurer has become merged with, acquired by or controlled by any other entity company, corporation or unaffiliated individual(s) not controlling the Subscribing Reinsurer's ’s operations previously; or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; or 6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up liquidation or under a scheme of arrangement, or similar proceedings receivership (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 7. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's ’s prior written consentconsent (except for inter-company pooling arrangements); or 8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business. The Company has 30 days from the date of public announcement or discovery to exercise the option to terminate a Subscribing Reinsurer’s percentage share in this Contract. To terminate a Subscribing Reinsurer’s percentage share in this Contract, the Company must provide the Subscribing Reinsurer with formal notice. Such notice, which shall be postmarked no later than the last day of the aforementioned 30-day period, shall include the effective date of termination. The effective date of termination shall be as selected by the Company and shall be one of the following: a. The last day of the month prior to the date of any public announcement or discovery; or 9. b. The date of any public announcement or discovery; or c. The last day of any month after the date of any public announcement or discovery; or d. The date of the Company’s written notice to the Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise advising of the termination; or e. The date of notice provided with financial incentives based on by the quantum of claims paidSubscribing Reinsurer (should the Subscribing Reinsurer elect to provide one). C. The "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to 12:01 a.m., Eastern Standard Time, July 1, 2012. However, if this Contract is terminated, the "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to the effective time and date of termination. D. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progress, the Reinsurer's ’s liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract.

Appears in 2 contracts

Samples: Reinsurance Contract (Philadelphia Consolidated Holding Corp), Reinsurance Contract (Philadelphia Consolidated Holding Corp)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Standard Time, July 1, 20112016, with respect to reinstatement premium payable by the Company under the Original Contract as a result of losses arising out of loss occurrences commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Standard Time, July 1, 2012.2017.  B. Notwithstanding the provisions of paragraph A A. above, the Company may terminate a Subscribing Reinsurer's percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occur::  1. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at the inception of this Contract has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) 12 months prior to that date; oror  2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during the term of this Contract has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contract; oror  3. The Subscribing Reinsurer's A.M. Best's rating has been assigned or downgraded below A- "A-" and/or Standard & Poor's rating has been assigned or downgraded below "BBB+"; oror  4. The Subscribing Reinsurer has become become, or has announced its intention to become, merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; oror  5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; oror  6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; oror  7. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent; oror  8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; oror  9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid; or  10. The Subscribing Reinsurer has failed to comply with the funding requirements set forth in the Reserves Article. C. The "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to 12:01 a.m., Eastern Standard Time, July 1, 2012. However, if this Contract is terminated, the "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to the effective time and date of termination. D. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progress, the Reinsurer's liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract.

Appears in 2 contracts

Samples: Reinsurance Contract (Federated National Holding Co), Reinsurance Contract (Federated National Holding Co)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Central Standard Time, July January 1, 20112004, with respect to losses arising out of loss occurrences under policies allocated to underwriting years commencing at on or after that time and date, and shall remain continue in force thereafter until 12:01 a.m., Eastern Standard Time, July 1, 2012terminated. B. Either party may terminate this Contract at any December 31 by giving the other party not less than 90 days prior written notice by certified mail. C. Notwithstanding the provisions of paragraph A B above, the Company may terminate terminate, on a runoff or cutoff basis at the discretion of the Company, a Subscribing Reinsurer's ’s percentage share in this Contract at any time by giving 30 days written notice to the Subscribing Reinsurer in the event any of the following circumstances occur: 1. The Subscribing Reinsurer's ’s policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at the inception beginning of this Contract any underwriting year has been reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or 2. The Subscribing Reinsurer's ’s policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at during any time during the term of this Contract underwriting year has been reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's ’s most recent financial statement filed with regulatory authorities and available to the public as of the inception beginning of this Contractany underwriting year; or 3. The Subscribing Reinsurer's ’s A.M. Best's ’s rating has been assigned or downgraded below A- and/or Standard & Poor's ’s rating has been assigned or downgraded below BBB+BBB; or 4. The Subscribing Reinsurer has become merged with, acquired by or controlled by any other entity company, corporation or individual(s) not controlling the Subscribing Reinsurer's ’s operations previously; or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; or 6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up liquidation or under a scheme of arrangement, or similar proceedings receivership (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 76. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's ’s prior written consent; or 87. The Subscribing Reinsurer has ceased assuming new or and renewal property or and casualty treaty reinsurance business; or 9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid. C. The "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to 12:01 a.m., Eastern Standard Time, July 1, 2012. However, if this Contract is terminated, the "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to the effective time and date of termination. D. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progress, the Reinsurer's liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract.

Appears in 2 contracts

Samples: Reinsurance Contract (Affirmative Insurance Holdings Inc), Reinsurance Contract (Affirmative Insurance Holdings Inc)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Standard Time, July 1, 2011, with respect to reinstatement premium payable by the Company under the Original Contract as a result of losses arising out of loss occurrences commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Standard Time, July 1, 2012. B. Notwithstanding the provisions of paragraph A above, the Company may terminate a Subscribing Reinsurer's percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occur: 1. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at the inception of this Contract has been reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or 2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during the term of this Contract has been reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contract; or 3. The Subscribing Reinsurer's A.M. Best's rating has been assigned or downgraded below A- and/or Standard & Poor's rating has been assigned or downgraded below BBB+; or 4. The Subscribing Reinsurer has become merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; or 6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 7. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent; or 8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; or 9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid. C. The "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to 12:01 a.m., Eastern Standard Time, July 1, 2012. However, if this Contract is terminated, the "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to the effective time and date of termination. D. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progress, the Reinsurer's liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract.

Appears in 2 contracts

Samples: Reinsurance Contract (21st Century Holding Co), Reinsurance Contract (21st Century Holding Co)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Central Standard Time, July April 1, 20112015, with respect to losses arising out of loss occurrences commencing at or after that time and date, and shall remain continue in force thereafter until terminated. B. Either party may terminate this Contract at 12:01 a.m., Eastern Central Standard Time, July on January 1, 20122017 or on any January 1 thereafter, by giving the other party not less than 90 days prior written notice as set forth in the Notices and Contract Execution Article. B. C. Notwithstanding the provisions of paragraph paragraphs A and B above, the Company may terminate a Subscribing Reinsurer's percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occuroccur as clarified by public announcement or upon discovery: 1. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at after the earlier of: (a) the inception of this Contract Contract, or (b) the date lines are bound for this Contract, has been reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or 2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during between the term earlier of: (a) the inception of this Contract, or (b) the date lines are bound for this Contract, and the date of termination of this Contract has been reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contractdate lines are bound; or 3. The Subscribing Reinsurer's A.M. Best's rating has been assigned or downgraded below A- and/or Standard & Poor's rating has been assigned or downgraded below BBB+; or 4. The Subscribing Reinsurer has become merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing assuming business; or 64. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 75. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent; or 6. The A.M. Best's rating for the Subscribing Reinsurer has been assigned or downgraded below A- (inclusive of "Not Rated" ratings), or the published rating issued by Standard & Poor's has been downgraded below BBB+ (inclusive of "Not Rated" ratings); or 7. The Subscribing Reinsurer has become merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; or 8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; or 9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid. C. The D. In the event a Subscribing Reinsurer experiences one or more of the circumstances specified in paragraph C above, the Subscribing Reinsurer shall notify the Company as promptly as possible and shall hereinafter be referred to as a "term of Special Circumstance Reinsurer." To terminate a Special Circumstance Reinsurer's percentage share in this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to 12:01 a.m., Eastern Standard Time, July 1, 2012. However, if this Contract is terminated, the "term Company must provide the Special Circumstance Reinsurer with written notice as set forth in the Notices and Contract Execution Article. Such notice shall include the effective date of this Contract" termination as used herein selected by the Company and shall mean be one of the period from 12:01 a.m., Eastern Standard Time, July following: 1, 2011 . The date of written notice provided by the Special Circumstance Reinsurer; or 2. The last day of the month prior to the date of written notice provided by the Special Circumstance Reinsurer; or 3. The last day of any month after the date of written notice provided by the Special Circumstance Reinsurer; or 4. The date of the Company's written notice to the Special Circumstance Reinsurer advising of the termination. In the event the Subscribing Reinsurer fails to immediately provide written notice to the Company of any event outlined in subparagraphs 1 through 9 of paragraph C above, the Company may elect to substitute the date of public announcement or discovery as the equivalent of written notice. E. Unless the Company elects to reassume the ceded unearned premium in force on the effective date of termination, and so notifies the Reinsurer prior to or as promptly as possible after the effective date of termination, reinsurance hereunder on business in force on the effective date of termination shall remain in full force and effect until expiration, cancellation or next premium anniversary of such business, whichever first occurs, but in no event beyond 12 months plus odd time and following the effective date of termination. D. If F. Notwithstanding the provisions of paragraph E above, if the Company is prohibited or precluded by the appropriate regulatory authorities, or by law (in those states where applicable and enforced), from arranging mid-term cancellation or non-renewal of any policies subject to this Contract is beyond their natural expiry, the Reinsurer agrees to extend coverage under this Contract until such policies may be terminated or expires while a loss occurrence covered hereunder is non-renewed by the Company, but in progress, no event beyond 18 months after the Reinsurer's liability hereunder shall, subject to the other terms and conditions effective date of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contracttermination.

Appears in 2 contracts

Samples: Reinsurance Contract (Homeowners of America Holding Corp), Reinsurance Contract (Homeowners of America Holding Corp)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Central Standard Time, July April 1, 20112012, with respect to losses arising out of loss occurrences commencing at or after that time and date, and shall remain continue in force thereafter until terminated. B. Either party may terminate this Contract at 12:01 a.m., Eastern Central Standard Time, July 1, 2012on any April 1 by giving the other party not less than 90 days prior written notice as set forth in the Notices and Contract Execution Article. B. C. Notwithstanding the provisions of paragraph paragraphs A and B above, the Company may terminate a Subscribing Reinsurer's ’s percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occuroccur as clarified by public announcement or upon discovery: 1. The Subscribing Reinsurer's ’s policyholders' surplus (or its equivalent under the Subscribing Reinsurer's ’s accounting system) at after the earlier of: (a) the inception of this Contract Contract, or (b) the date lines are bound for this Contract, has been reduced by more than 20.030.0% of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or 2. The Subscribing Reinsurer's ’s policyholders' surplus (or its equivalent under the Subscribing Reinsurer's ’s accounting system) at any time during between the term earlier of: (a) the inception of this Contract, or (b) the date lines are bound for this Contract, and the date of termination of this Contract has been reduced by more than 20.030.0% of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's ’s most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contractdate lines are bound; or 3. The Subscribing Reinsurer's A.M. Best's rating has been assigned or downgraded below A- and/or Standard & Poor's rating has been assigned or downgraded below BBB+; or 4. The Subscribing Reinsurer has become merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing assuming business; or 64. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 75. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's ’s prior written consent; or 6. The A.M. Best’s rating for the Subscribing Reinsurer has been assigned or downgraded below A- (inclusive of “Not Rated” ratings), or the published rating issued by Standard & Poor’s has been downgraded below BBB+ (inclusive of “Not Rated” ratings); or 7. The Subscribing Reinsurer has become merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer’s operations previously; or 8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; or 9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid. C. The "term D. In the event a Subscribing Reinsurer experiences one or more of the circumstances specified in paragraph C above, the Subscribing Reinsurer shall notify the Company as promptly as possible and shall hereinafter be referred to as a “Special Circumstance Reinsurer.” To terminate a Special Circumstance Reinsurer’s percentage share in this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to 12:01 a.m., Eastern Standard Time, July 1, 2012. However, if this Contract is terminated, the "term Company must provide the Special Circumstance Reinsurer with written notice as set forth in the Notices and Contract Execution Article. Such notice shall include the effective date of this Contract" termination as used herein selected by the Company and shall mean be one of the period from 12:01 a.m., Eastern Standard Time, July following: 1, 2011 . The date of written notice provided by the Special Circumstance Reinsurer; or 2. The last day of the month prior to the date of written notice provided by the Special Circumstance Reinsurer; or 3. The last day of any month after the date of written notice provided by the Special Circumstance Reinsurer; or 4. The date of the Company’s written notice to the Special Circumstance Reinsurer advising of the termination. In the event the Subscribing Reinsurer fails to immediately provide written notice to the Company of any event outlined in subparagraphs 1 through 9 of paragraph C above, the Company may elect to substitute the date of public announcement or discovery as the equivalent of written notice. E. Unless the Company elects to reassume the ceded unearned premium in force on the effective date of termination, and so notifies the Reinsurer prior to or as promptly as possible after the effective date of termination, reinsurance hereunder on business in force on the effective date of termination shall remain in full force and effect until expiration, cancellation or next premium anniversary of such business, whichever first occurs, but in no event beyond 12 months plus odd time and following the effective date of termination. D. If F. Notwithstanding the provisions of paragraph E above, if the Company is prohibited or precluded by the appropriate regulatory authorities, or by law (in those states where applicable and enforced), from arranging mid-term cancellation or non-renewal of any policies subject to this Contract is beyond their natural expiry, the Reinsurer agrees to extend coverage under this Contract until such policies may be terminated or expires while a loss occurrence covered hereunder is non-renewed by the Company, but in progress, no event beyond 18 months after the Reinsurer's liability hereunder shall, subject to the other terms and conditions effective date of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contracttermination.

Appears in 2 contracts

Samples: Reinsurance Contract (Homeowners of America Holding Corp), Reinsurance Contract (Homeowners of America Holding Corp)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Local Standard TimeTime at the location where the loss occurrence commences, July June 1, 20112007, with respect to losses arising out of loss occurrences commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Local Standard TimeTime at the location where the loss occurrence commences, July June 1, 20122008. B. Notwithstanding the provisions of paragraph A above, if any of the following events occur on or after the date lines are bound and, with the timing exceptions as qualified by subparagraphs 1 and 2 below, before the termination of the Contract, the Company may terminate a Subscribing Reinsurer's ’s percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occurContract: 1. The Subscribing Reinsurer's policyholders' ’s surplus (as regards policyholders or its the foreign equivalent under thereto after the Subscribing Reinsurer's accounting system) at the inception of date lines are bound for this Contract has been reduced by more than 20.025.0% of the amount of surplus (or the applicable equivalent) foreign equivalent 12 months prior to that date; or 2. The Subscribing Reinsurer's policyholders' ’s surplus (as regards policyholders or its the foreign equivalent under the Subscribing Reinsurer's accounting system) thereto at any time during between the term date lines are bound and the date of termination of this Contract has been reduced by more than 20.025.0% of the amount of surplus (or the applicable equivalent) foreign equivalent at the date of the Subscribing Reinsurer's ’s most recent financial statement filed with regulatory authorities and available to the public as of the inception of date lines are bound for this Contract; or 3. The Subscribing Reinsurer's ’s A.M. Best's ’s rating has been assigned or downgraded below A- (inclusive of “Not Rated” ratings) and/or Standard & Poor's ’s rating has been assigned or downgraded below BBB+; or 4. The Subscribing Reinsurer has become merged with, acquired by or controlled by any other entity company, corporation or unaffiliated individual(s) not controlling the Subscribing Reinsurer's ’s operations previously; or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; or 6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up liquidation or under a scheme of arrangement, or similar proceedings receivership (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 7. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's ’s prior written consentconsent (except for inter-company pooling arrangements); or 8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business. The Company has 30 days from the date of public announcement or discovery to exercise the option to terminate a Subscribing Reinsurer’s percentage share in this Contract. To terminate a Subscribing Reinsurer’s percentage share in this Contract, the Company must provide the Subscribing Reinsurer with formal notice. Such notice, which shall be postmarked no later than the last day of the aforementioned 30-day period, shall include the effective date of termination. The effective date of termination shall be as selected by the Company and shall be one of the following: a. The last day of the month prior to the date of any public announcement or discovery; or 9. b. The date of any public announcement or discovery; or c. The last day of any month after the date of any public announcement or discovery; or d. The date of the Company’s written notice to the Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise advising of the termination; or e. The date of notice provided with financial incentives based on by the quantum of claims paidSubscribing Reinsurer (should the Subscribing Reinsurer elect to provide one). C. The "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to 12:01 a.m., Eastern Standard Time, July 1, 2012. However, if this Contract is terminated, the "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to the effective time and date of termination. D. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progress, the Reinsurer's ’s liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract.

Appears in 2 contracts

Samples: Excess Catastrophe Reinsurance Contract (Philadelphia Consolidated Holding Corp), Excess Catastrophe Reinsurance Contract (Philadelphia Consolidated Holding Corp)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Standard Time, July June 1, 20112016, with respect to losses arising out of loss occurrences commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Standard Time, July June 1, 2012.2017.  B. Notwithstanding the provisions of paragraph A above, the Company may terminate a Subscribing Reinsurer's percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occur::  1. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at the inception of this Contract has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) 12 months prior to that date; oror  2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during the term of this Contract has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contract; oror  3. The Subscribing Reinsurer's A.M. Best's rating has been assigned or downgraded below A- and/or Standard & Poor's rating has been assigned or downgraded below BBB+; oror  4. The Subscribing Reinsurer has become become, or has announced its intention to become, merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; oror  5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; oror  6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; oror  7. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent; oror  8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; oror  9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid.; or  10. The Subscribing Reinsurer has failed to comply with the funding requirements set forth in the Reserves Article.  C. The "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July June 1, 2011 2016 to 12:01 a.m., Eastern Standard Time, July June 1, 20122017. However, if this Contract is terminated, the "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July June 1, 2011 2016 to the effective time and date of termination..  D. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progress, the Reinsurer's liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract..  

Appears in 2 contracts

Samples: Reinsurance Contract (Federated National Holding Co), Reinsurance Contract (Federated National Holding Co)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Central Standard Time, July April 1, 20112015, with respect to losses arising out of loss occurrences commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Central Standard Time, July April 1, 20122016. B. Notwithstanding the provisions of paragraph A above, the Company may terminate a Subscribing Reinsurer's percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occuroccur as clarified by public announcement or upon discovery: 1. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at after the earlier of: (a) the inception of this Contract Contract, or (b) the date lines are bound for this Contract, has been reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or 2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during between the term earlier of: (a) the inception of this Contract, or (b) the date lines are bound for this Contract, and the date of termination of this Contract has been reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contractdate lines are bound; or 3. The Subscribing Reinsurer's A.M. Best's rating has been assigned or downgraded below A- and/or Standard & Poor's rating has been assigned or downgraded below BBB+; or 4. The Subscribing Reinsurer has become merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing assuming business; or 64. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 75. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent; or 6. The A.M. Best's rating for the Subscribing Reinsurer has been assigned or downgraded below A- (inclusive of "Not Rated" ratings), or the published rating issued by Standard & Poor's has been downgraded below BBB+ (inclusive of "Not Rated" ratings); or 7. The Subscribing Reinsurer has become merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; or 8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business. C. In the event a Subscribing Reinsurer experiences one or more of the circumstances specified in paragraph B above, the Subscribing Reinsurer shall notify the Company as promptly as possible and shall hereinafter be referred to as a "Special Circumstance Reinsurer." To terminate a Special Circumstance Reinsurer's percentage share in this Contract, the Company must provide the Special Circumstance Reinsurer with written notice as set forth in the Notices and Contract Execution Article. Such notice shall include the effective date of termination as selected by the Company and shall be one of the following: 1. The date of written notice provided by the Special Circumstance Reinsurer; or 92. The last day of the month prior to the date of written notice provided by the Special Circumstance Reinsurer; or 3. The last day of any month after the date of written notice provided by the Special Circumstance Reinsurer; or 4. The date of the Company's written notice to the Special Circumstance Reinsurer advising of the termination. In the event the Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on fails to immediately provide written notice to the quantum Company of claims paid. C. The "term any event outlined in subparagraphs 1 through 8 of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to 12:01 a.m., Eastern Standard Time, July 1, 2012. However, if this Contract is terminatedparagraph B above, the "term of this Contract" as used herein shall mean Company may elect to substitute the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to the effective time and date of terminationpublic announcement or discovery as the equivalent of written notice. D. If any Subscribing Reinsurer's percentage share in this Contract is terminated or if this Contract expires while a loss occurrence covered hereunder is in progress, the Reinsurer's liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract.

Appears in 2 contracts

Samples: Reinsurance Contract (Homeowners of America Holding Corp), Reinsurance Contract (Homeowners of America Holding Corp)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Standard Time, July 1, 20112016, with respect to losses arising out of loss occurrences commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Standard Time, July 1, 2012.2018.  B. Notwithstanding the provisions of paragraph A above, the Company may terminate a Subscribing Reinsurer's percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occur::  1. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at the inception of this Contract any contract year has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) 12 months prior to that date; oror  2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during the term of this Contract any contract year has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contractany contract year; oror  3. The Subscribing Reinsurer's A.M. Best's rating has been assigned or downgraded below A- and/or Standard & Poor's rating has been assigned or downgraded below BBB+; oror  4. The Subscribing Reinsurer has become become, or has announced its intention to become, merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; oror  5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; oror  6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; oror  7. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent; oror  8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; oror  9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid.; or  10. The Subscribing Reinsurer has failed to comply with the funding requirements set forth in the Reserves Article.  C. The "term of this ContractContract year" as used herein in this Contract shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 2016 to 12:01 a.m., Eastern Standard Time, July 1, 20122017, and each respective 12-month period thereafter that this Contract continues in force. However, if in the event this Contract or a Subscribing Reinsurer's share in this Contract is terminated, the "term of this Contract" final contract year as used herein respects the terminated share(s) shall mean be the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 the beginning of the then current contract year to the effective time and date of termination..  D. If this Contract is terminated or expires while In the event a loss occurrence covered hereunder is in progressprogress at the end of any contract year, the Reinsurer's liability hereunder shallentire loss arising out of the loss occurrence will be charged to the contract year in which the loss occurrence commenced, subject to the other terms and conditions of this Contract, be determined as if the entire .  E. Should this Contract expire or terminate while a loss occurrence had occurred covered hereunder is in progress, all losses arising from such loss occurrence will be deemed to have been incurred prior to the expiration or termination or expiration of this Contract, subject to the other conditions of this Contract, and provided that no part of such said loss occurrence is claimed against any renewal or replacement of this Contract..  

Appears in 2 contracts

Samples: Reinsurance Contract (Federated National Holding Co), Reinsurance Contract (Federated National Holding Co)

COMMENCEMENT AND TERMINATION. A. This Contract Agreement shall become effective at take effect and shall apply to all Reinsurance Contracts that incept on or after 12:01 a.m.a.m. New York time, Eastern Standard Time, July January 1, 20112006 (the “Effective Date”). It shall remain continuously in force but may be terminated by either party giving at least ninety (90) days’ notice in writing to the other party. Upon the expiration or termination of this Agreement, with the Retrocessionaire shall remain liable hereunder for it’s pro rata share of the Reinsurance Contracts until the expiration, cancellation or termination of the Retrocedant’s liabilities under the Reinsurance Contracts. ARTICLE 3 - ORIGINAL CONDITIONS All retrocessions assumed under this Agreement shall be subject to the same rates, terms, conditions, waivers and interpretations, and to the same modifications and alterations, as the respective Reinsurance Contracts. This Agreement is solely between the Retrocedant and the Retrocessionaire, and in no instance shall any other party have any rights under this Agreement except as expressly provided otherwise in the Insolvency Article. ARTICLE 4 - PREMIUMS With respect to losses arising out Catastrophe Covers, the Retrocedant shall retrocede to the Retrocessionaire an amount equal to seventy (70%) of loss occurrences commencing at or after that time Gross Net Premium due under the Reinsurance Contracts. With respect to Non Catastrophe Covers, the Retrocedant shall retrocede to the Retrocessionaire an amount equal to eighty percent (80%) of the Gross Net Premium due under the Reinsurance Contracts. The Retrocessionnaire shall pay a ceding commission equal to the sum of (i) one hundred percent (100%) of the actual expenses incurred by Retrocedant in acquiring the respective Reinsurance Contracts, including all commissions and datebrokerage, and shall remain in force until 12:01 a.m., Eastern Standard Time, July 1, 2012. B. Notwithstanding (ii) five percent (5%) of the provisions Gross Net Premium due under the respective Reinsurance Contracts. For purposes of paragraph A abovethis Agreement, the Company may terminate a Subscribing Reinsurer's percentage share term “Gross Net Premium” is the amount equal to (i) the Gross Premium ceded to Retrocedant under the respective Reinsurance Contracts less (ii) return premium paid or payable by the Retrocedant under the respective Reinsurance Contracts, and (iii) premiums paid or payable by the Retrocedant for inuring reinsurance as described in Article 7 hereof. ARTICLE 5 - EXCLUSIONS The following Exclusion Clauses are attached to and form part of this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occurAgreement: 1. The Subscribing Reinsurer's policyholders' surplus Nuclear Incident Exclusion Clause – Liability – Reinsurance- U.S.A. (or its equivalent under the Subscribing Reinsurer's accounting system) at the inception of this Contract has been reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) 12 months prior to that date; orBRMA 35A). 2. The Subscribing Reinsurer's policyholders' surplus Nuclear Incident Exclusion Clause – Liability – Reinsurance – Canada (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during the term of this Contract has been reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contract; orBRMA 35D). 3. The Subscribing Reinsurer's A.M. Best's rating has been assigned or downgraded below A- and/or Standard & Poor's rating has been assigned or downgraded below BBB+; orPools, Associations, and Syndicates as per Pools, Associations, and syndicate Exclusion Clause. 4. The Subscribing Reinsurer has become merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; orWar Risk Exclusion Clause. 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; orInsolvency Funds Exclusion Clause. 6. The Subscribing Reinsurer has become insolvent or has been placed into liquidationAny Excess of Loss Retrocession Agreement by and between Platinum Re (UK) Limited and Platinum Underwriters Reinsurance, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; orInc. 7. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent; or 8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; or 9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid. C. The "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to 12:01 a.m., Eastern Standard Time, July 1, 2012. However, if this Contract is terminated, the "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to the effective time and date of termination. D. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progress, the Reinsurer's liability hereunder shall, Reinsurance Contracts subject to certain Collateral Agreements, and which the other terms and conditions of Retrocedent has identified or will identify in Appendix 2 to this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this ContractAgreement.

Appears in 1 contract

Samples: Quota Share Retrocession Agreement

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Standard Time, July 1, 20112022, with respect to losses arising out of loss occurrences commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Standard Time, July 1, 20122023. B. Notwithstanding the provisions of paragraph A above, the Company may terminate a Subscribing Reinsurer's percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occur: 1. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at the inception of this Contract has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or 2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during the term of this Contract has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contract; or 3. The Subscribing Reinsurer's A.M. Best's rating Financial Strength Rating has been assigned or downgraded below A- and/or Standard & Poor's rating Financial Strength Rating has been assigned or downgraded below BBB+; or 4. The Subscribing Reinsurer has become become, or has announced its intention to become, merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; or 6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 7. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent; or 8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; or 9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid; or 10. The Subscribing Reinsurer has failed to comply with the funding requirements set forth in the Reserves Article. C. The "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 2022 to 12:01 a.m., Eastern Standard Time, July 1December 31, 20122022. However, if this Contract is terminated, the "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 2022 to the effective time and date of termination. D. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progress, the Reinsurer's liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract.

Appears in 1 contract

Samples: Excess Catastrophe Reinsurance Contract (HG Holdings, Inc.)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m.11:59:59 p.m., Eastern Local Standard TimeTime where the policy is issued, July 1December 31, 20112008, with respect to losses arising out of loss occurrences commencing at or after that time and date, and shall remain in force until 12:01 12:00:01 a.m., Eastern Local Standard TimeTime where the policy is issued, July January 1, 20122010. B. Notwithstanding the provisions of paragraph A above, the Company may terminate a Subscribing Reinsurer's ’s percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occur: 1. The Subscribing Reinsurer's ’s policyholders' surplus (or its equivalent under the Subscribing Reinsurer's ’s accounting system) at the inception of this Contract has been reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or 2. The Subscribing Reinsurer's ’s policyholders' surplus (or its equivalent under the Subscribing Reinsurer's ’s accounting system) at any time during the term of this Contract has been reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's ’s most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contract; or 3. The Subscribing Reinsurer's ’s A.M. Best's ’s rating has been assigned or downgraded below A- and/or Standard & Poor's ’s rating has been assigned or downgraded below BBB+; or 4. The Subscribing Reinsurer has become merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's ’s operations previously; or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; or 6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 7. The Subscribing Reinsurer has reinsured its entire liability under this Contract with an unaffiliated entity or entities without the Company's ’s prior written consent; or 8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; or 9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid. C. The "term of this Contract" as used herein shall mean Unless the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 Company elects to 12:01 a.m., Eastern Standard Time, July 1, 2012. However, if this Contract is terminated, reassume the "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to ceded net unearned premium in force on the effective time date of termination, and so notifies the Reinsurer prior to or as promptly as possible after the effective date of termination, reinsurance hereunder on business in force on the effective date of termination shall remain in full force and effect until expiration, cancellation or next premium anniversary of such business, whichever first occurs, but in no event beyond 12 months, plus odd time, following the effective date of termination. D. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progress, the Reinsurer's liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract.

Appears in 1 contract

Samples: Workers’ Compensation Quota Share Reinsurance Contract (Patriot Risk Management, Inc.)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Standard Time, July January 1, 2011, with respect to losses arising out of loss occurrences commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Standard Time, July January 1, 2012. B. Notwithstanding the provisions of paragraph A above, the Company may terminate a Subscribing Reinsurer's ’s percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occur: 1. The Subscribing Reinsurer's ’s policyholders' surplus (or its equivalent under the Subscribing Reinsurer's ’s accounting system) at the inception of this Contract has been reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or 2. The Subscribing Reinsurer's ’s policyholders' surplus (or its equivalent under the Subscribing Reinsurer's ’s accounting system) at any time during the term of this Contract has been reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's ’s most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contract; or 3. The Subscribing Reinsurer's ’s A.M. Best's ’s rating has been assigned or downgraded below A- and/or Standard & Poor's ’s rating has been assigned or downgraded below BBB+; or 4. The Subscribing Reinsurer has become merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's ’s operations previously; or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; or 6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 7. The Subscribing Reinsurer has reinsured its entire liability liability, except for inter-company pooling arrangements, under this Contract without the Company's ’s prior written consent; or 8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; or 9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid. C. The "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to 12:01 a.m., Eastern Standard Time, July 1, 2012. However, if this Contract is terminated, the "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to the effective time and date of termination. D. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progress, the Reinsurer's ’s liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract.

Appears in 1 contract

Samples: Excess Catastrophe Reinsurance Contract (Safety Insurance Group Inc)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Standard Time, July 1, 20112014, with respect to losses arising out of loss occurrences commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Standard Time, July 1, 20122015. B. Notwithstanding the provisions of paragraph A above, the Company may terminate a Subscribing Reinsurer's percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occur: 1. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at the inception of this Contract has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or 2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during the term of this Contract has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contract; or 3. The Subscribing Reinsurer's A.M. Best's rating has been assigned or downgraded below A- and/or Standard & Poor's rating has been assigned or downgraded below BBB+; or 4. The Subscribing Reinsurer has become become, or has announced its intention to become, merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; or 6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 7. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent; or 8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; or 9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid; or 10. The Subscribing Reinsurer has failed to comply with the funding requirements set forth in the Reserves Article. C. The "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 2014 to 12:01 a.m., Eastern Standard Time, July 1, 20122015. However, if this Contract is terminated, the "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 2014 to the effective time and date of termination. D. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progress, the Reinsurer's liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract.

Appears in 1 contract

Samples: Excess Catastrophe Reinsurance Contract (Federated National Holding Co)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Central Standard Time, July April 1, 20112013, with respect to losses arising out of loss occurrences commencing at or after that time and date, and shall remain continue in force thereafter until terminated. B. Either party may terminate this Contract at 12:01 a.m., Eastern Central Standard Time, July 1, 2012on any April 1 by giving the other party not less than 90 days prior written notice as set forth in the Notices and Contract Execution Article. B. C. Notwithstanding the provisions of paragraph paragraphs A and B above, the Company may terminate a Subscribing Reinsurer's ’s percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occuroccur as clarified by public announcement or upon discovery: 1. The Subscribing Reinsurer's ’s policyholders' surplus (or its equivalent under the Subscribing Reinsurer's ’s accounting system) at after the earlier of: (a) the inception of this Contract Contract, or (b) the date lines are bound for this Contract, has been reduced by more than 20.030.0% of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or 2. The Subscribing Reinsurer's ’s policyholders' surplus (or its equivalent under the Subscribing Reinsurer's ’s accounting system) at any time during between the term earlier of: (a) the inception of this Contract, or (b) the date lines are bound for this Contract, and the date of termination of this Contract has been reduced by more than 20.030.0% of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's ’s most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contractdate lines are bound; or 3. The Subscribing Reinsurer's A.M. Best's rating has been assigned or downgraded below A- and/or Standard & Poor's rating has been assigned or downgraded below BBB+; or 4. The Subscribing Reinsurer has become merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing assuming business; or 64. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 75. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's ’s prior written consent; or 6. The A.M. Best’s rating for the Subscribing Reinsurer has been assigned or downgraded below A- (inclusive of “Not Rated” ratings), or the published rating issued by Standard & Poor’s has been downgraded below BBB+ (inclusive of “Not Rated” ratings); or 7. The Subscribing Reinsurer has become merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer’s operations previously; or 8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; or 9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid. C. The "term D. In the event a Subscribing Reinsurer experiences one or more of the circumstances specified in paragraph C above, the Subscribing Reinsurer shall notify the Company as promptly as possible and shall hereinafter be referred to as a “Special Circumstance Reinsurer.” To terminate a Special Circumstance Reinsurer’s percentage share in this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to 12:01 a.m., Eastern Standard Time, July 1, 2012. However, if this Contract is terminated, the "term Company must provide the Special Circumstance Reinsurer with written notice as set forth in the Notices and Contract Execution Article. Such notice shall include the effective date of this Contract" termination as used herein selected by the Company and shall mean be one of the period from 12:01 a.m., Eastern Standard Time, July following: 1, 2011 . The date of written notice provided by the Special Circumstance Reinsurer; or 2. The last day of the month prior to the date of written notice provided by the Special Circumstance Reinsurer, or 3. The last day of any month after the date of written notice provided by the Special Circumstance Reinsurer; or 4. The date of the Company’s written notice to the Special Circumstance Reinsurer advising of the termination. In the event the Subscribing Reinsurer fails to immediately provide written notice to the Company of any event outlined in subparagraphs 1 through 9 of paragraph C above, the Company may elect to substitute the date of public announcement or discovery as the equivalent of written notice. E. Unless the Company elects to reassume the ceded unearned premium in force on the effective date of termination, and so notifies the Reinsurer prior to or as promptly as possible after the effective date of termination, reinsurance hereunder on business in force on the effective date of termination shall remain in full force and effect until expiration, cancellation or next premium anniversary of such business, whichever first occurs, but in no event beyond 12 months plus odd time and following the effective date of termination. D. If F. Notwithstanding the provisions of paragraph E above, if the Company is prohibited of precluded by the appropriate regulatory authorities, or by law (in those states where applicable and enforced), from arranging mid-term cancellation or non-renewal of any policies subject to this Contract is beyond their natural expiry, the Reinsurer agrees to extend coverage under this Contract until such policies may be terminated or expires while a loss occurrence covered hereunder is non-renewed by the Company, but in progress, no event beyond 18 months after the Reinsurer's liability hereunder shall, subject to the other terms and conditions effective date of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contracttermination.

Appears in 1 contract

Samples: Reinsurance Contract (Homeowners of America Holding Corp)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Standard Time, July 1, 20112014, with respect to losses arising out of loss occurrences Occurrences commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Standard Time, July 1, 20122016. B. Notwithstanding the provisions of paragraph A above, the Company may terminate a Subscribing Reinsurer's percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occur: 1. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at the inception beginning of this any Contract Year has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or 2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during the term of this any Contract Year has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent financial statement filed with regulatory authorities and available to the public as of the inception beginning of this Contractthat Contract Year; or 3. The Subscribing Reinsurer's A.M. Best's rating has been assigned or downgraded below A- and/or Standard & Poor's rating has been assigned or downgraded below BBB+; or 4. The Subscribing Reinsurer has become become, or has announced its intention to become, merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; or 6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 7. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent; or 8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; or 9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid; or 10. The Subscribing Reinsurer has failed to comply with the funding requirements set forth in the Unauthorized Reinsurers Article. C. The "term As promptly as possible after termination or expiration of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to 12:01 a.m., Eastern Standard Time, July 1, 2012. However, if this Contract is terminated, the "term Reinsurer shall return the ceded unearned premium (less any ceding commission thereon) on business in force at the effective time and date of this Contract" as used herein termination or expiration, and whereby the Reinsurer shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 have no liability for losses occurring subsequent to the effective time and date of termination. D. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progress, the Reinsurer's liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract. D. Notwithstanding the provisions of paragraph C above, provided that if the Company is prohibited or precluded by the appropriate regulatory authorities, or by law (in those states where applicable), from arranging mid-term cancellation or non-renewal of any Policies subject to this Contract beyond their natural expiry, the Reinsurer agrees to extend coverage under this Contract until such Policies may be terminated or non-renewed by the Company, but in no part event beyond 33 months after the effective date of such loss occurrence is claimed against any renewal termination or replacement of this Contractexpiration.

Appears in 1 contract

Samples: Reinsurance Contract (Federated National Holding Co)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Standard Time, July 1, 20112012, with respect to reinstatement premium payable by the Company under the Original Contract as a result of losses arising out of loss occurrences commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Standard Time, July 1, 20122013. B. Notwithstanding the provisions of paragraph A above, the Company may terminate a Subscribing Reinsurer's percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occur: 1. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at the inception of this Contract has been reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or 2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during the term of this Contract has been reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contract; or 3. The Subscribing Reinsurer's A.M. Best's rating has been assigned or downgraded below A- and/or Standard & Poor's rating has been assigned or downgraded below BBB+; or 4. The Subscribing Reinsurer has become merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; or 6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 7. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent; or 8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; or 9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid. C. The "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to 12:01 a.m., Eastern Standard Time, July 1, 2012. However, if this Contract is terminated, the "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to the effective time and date of termination. D. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progress, the Reinsurer's liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract.

Appears in 1 contract

Samples: Reinsurance Contract (Federated National Holding Co)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Standard Time, July 1, 20112017, with respect to reinstatement premium payable by the Company under the Original Contracts as a result of losses arising out of loss occurrences commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Standard Time, July 1, 2012.2018.  B. Notwithstanding the provisions of paragraph A above, the Company may terminate a Subscribing Reinsurer's percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occur::  1. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at the inception of this Contract has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or 2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during the term of this Contract has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contract; oror  3. The Subscribing Reinsurer's A.M. Best's rating has been assigned or downgraded below A- and/or Standard & Poor's rating has been assigned or downgraded below BBB+; oror  4. The Subscribing Reinsurer has become become, or has announced its intention to become, merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; oror  5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; oror  6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; oror  7. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent; oror  8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; oror  9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid; or  10. The Subscribing Reinsurer has failed to comply with the funding requirements set forth in the Reserves Article. C. The "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to 12:01 a.m., Eastern Standard Time, July 1, 2012. However, if this Contract is terminated, the "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to the effective time and date of termination. D. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progress, the Reinsurer's liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract.

Appears in 1 contract

Samples: Reinsurance Contract (Federated National Holding Co)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Local Standard TimeTime at the location where the loss occurrence commences, July June 1, 20112007, with respect to reinstatement premium payable by the Company under the provisions of the Underlying Contract as a result of losses arising out of loss occurrences commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Local Standard TimeTime at the location where the loss occurrence commences, July June 1, 20122008. B. Notwithstanding the provisions of paragraph A above, if any of the following events occur on or after the date lines are bound and, with the timing exceptions as qualified by 07\M2U1141 Page 1 subparagraphs 1 and 2 below, before the termination of the Contract, the Company may terminate a Subscribing Reinsurer's ’s percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occurContract: 1. The Subscribing Reinsurer's policyholders' ’s surplus (as regards policyholders or its the foreign equivalent under thereto after the Subscribing Reinsurer's accounting system) at the inception of date lines are bound for this Contract has been reduced by more than 20.025.0% of the amount of surplus (or the applicable equivalent) foreign equivalent 12 months prior to that date; or 2. The Subscribing Reinsurer's policyholders' ’s surplus (as regards policyholders or its the foreign equivalent under the Subscribing Reinsurer's accounting system) thereto at any time during between the term date lines are bound and the date of termination of this Contract has been reduced by more than 20.025.0% of the amount of surplus (or the applicable equivalent) foreign equivalent at the date of the Subscribing Reinsurer's ’s most recent financial statement filed with regulatory authorities and available to the public as of the inception of date lines are bound for this Contract; or 3. The Subscribing Reinsurer's ’s A.M. Best's ’s rating has been assigned or downgraded below A- (inclusive of “Not Rated” ratings) and/or Standard & Poor's ’s rating has been assigned or downgraded below BBB+; or 4. The Subscribing Reinsurer has become merged with, acquired by or controlled by any other entity company, corporation or unaffiliated individual(s) not controlling the Subscribing Reinsurer's ’s operations previously; or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; or 6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up liquidation or under a scheme of arrangement, or similar proceedings receivership (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 7. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's ’s prior written consentconsent (except for inter-company pooling arrangements); or 8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business. The Company has 30 days from the date of public announcement or discovery to exercise the option to terminate a Subscribing Reinsurer’s percentage share in this Contract. To terminate a Subscribing Reinsurer’s percentage share in this Contract, the Company must provide the Subscribing Reinsurer with formal notice. Such notice, which shall be postmarked no later than the last day of the aforementioned 30-day period, shall include the effective date of termination. The effective date of termination shall be as selected by the Company and shall be one of the following: a. The last day of the month prior to the date of any public announcement or discovery; or 9. b. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid. C. The "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to 12:01 a.m., Eastern Standard Time, July 1, 2012. However, if this Contract is terminated, the "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to the effective time and date of termination. D. If this Contract is terminated any public announcement or expires while a loss occurrence covered hereunder is in progress, the Reinsurer's liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract.discovery; or

Appears in 1 contract

Samples: Reinsurance Contract (Philadelphia Consolidated Holding Corp)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Standard Time, July 1, 20112014, with respect to reinstatement premium payable by the Company under the Original Contract as a result of losses arising out of loss occurrences commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Standard Time, July 1, 20122015. B. Notwithstanding the provisions of paragraph A A. above, the Company may terminate a Subscribing Reinsurer's percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occur: 1. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at the inception of this Contract has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or 2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during the term of this Contract has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contract; or 3. The Subscribing Reinsurer's A.M. Best's rating has been assigned or downgraded below A- "A-" and/or Standard & Poor's rating has been assigned or downgraded below "BBB+"; or 4. The Subscribing Reinsurer has become become, or has announced its intention to become, merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; or 6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 7. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent; or 8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; or 9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid; or 10. The Subscribing Reinsurer has failed to comply with the funding requirements set forth in the Reserves Article. C. The "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to 12:01 a.m., Eastern Standard Time, July 1, 2012. However, if this Contract is terminated, the "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to the effective time and date of termination. D. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progress, the Reinsurer's liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract.

Appears in 1 contract

Samples: Reinsurance Contract (Federated National Holding Co)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Standard Time, July 1, 20112017, with respect to losses arising out of loss occurrences commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Standard Time, July 1, 2012.2018.  B. Notwithstanding the provisions of paragraph A above, the Company may terminate a Subscribing Reinsurer's percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occur::  1. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at the inception of this Contract has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) 12 months prior to that date; oror  2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during the term of this Contract has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contract; or 3. The Subscribing Reinsurer's A.M. Best's rating has been assigned or downgraded below A- and/or Standard & Poor's rating has been assigned or downgraded below BBB+; oror  4. The Subscribing Reinsurer has become become, or has announced its intention to become, merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; oror  5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; oror  6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; oror  7. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent; oror  8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; oror  9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid.; or  10. The Subscribing Reinsurer has failed to comply with the funding requirements set forth in the Reserves Article.  C. The "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 2017 to 12:01 a.m., Eastern Standard Time, July 1, 20122018. However, if this Contract is terminated, the "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 2017 to the effective time and date of termination..  D. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progress, the Reinsurer's liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract..  

Appears in 1 contract

Samples: Excess Catastrophe Reinsurance Contract (Federated National Holding Co)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Central Standard Time, July April 1, 20112013, with respect to losses arising out of loss occurrences commencing at or after that time and date, and shall remain continue in force thereafter until terminated. B. Either party may terminate this Contract at 12:01 a.m., Eastern Central Standard Time, July 1, 2012on any April 1 by giving the other party not less than 90 days prior written notice as set forth in the Notices and Contract Execution Article. B. C. Notwithstanding the provisions of paragraph paragraphs A and B above, the Company may terminate a Subscribing Reinsurer's ’s percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occuroccur as clarified by public announcement or upon discovery: 1. The Subscribing Reinsurer's ’s policyholders' surplus (or its equivalent under the Subscribing Reinsurer's ’s accounting system) at after the earlier of: (a) the inception of this Contract Contract, or (b) the date lines are bound for this Contract, has been reduced by more than 20.030.0% of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or 2. The Subscribing Reinsurer's ’s policyholders' surplus (or its equivalent under the Subscribing Reinsurer's ’s accounting system) at any time during between the term earlier of: (a) the inception of this Contract, or (b) the date lines are bound for this Contract, and the date of termination of this Contract has been reduced by more than 20.030.0% of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's ’s most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contractdate lines are bound; or 3. The Subscribing Reinsurer's A.M. Best's rating has been assigned or downgraded below A- and/or Standard & Poor's rating has been assigned or downgraded below BBB+; or 4. The Subscribing Reinsurer has become merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing assuming business; or 64. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 75. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's ’s prior written consent; or 6. The A.M. Best’s rating for the Subscribing Reinsurer has been assigned or downgraded below A- (inclusive of “Not Rated” ratings), or the published rating issued by Standard & Poor’s has been downgraded below BBB+ (inclusive of “Not Rated” ratings); or 7. The Subscribing Reinsurer has become merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer’s operations previously; or 8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; or 9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid. C. The "term D. In the event a Subscribing Reinsurer experiences one or more of the circumstances specified in paragraph C above, the Subscribing Reinsurer shall notify the Company as promptly as possible and shall hereinafter be referred to as a “Special Circumstance Reinsurer.” To terminate a Special Circumstance Reinsurer’s percentage share in this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to 12:01 a.m., Eastern Standard Time, July 1, 2012. However, if this Contract is terminated, the "term Company must provide the Special Circumstance Reinsurer with written notice as set forth in the Notices and Contract Execution Article. Such notice shall include the effective date of this Contract" termination as used herein selected by the Company and shall mean be one of the period from 12:01 a.m., Eastern Standard Time, July following: 1, 2011 . The date of written notice provided by the Special Circumstance Reinsurer; or 2. The last day of the month prior to the date of written notice provided by the Special Circumstance Reinsurer; or 3. The last day of any month after the date of written notice provided by the Special Circumstance Reinsurer, or 4. The date of the Company’s written notice to the Special Circumstance Reinsurer advising of the termination. In the event the Subscribing Reinsurer fails to immediately provide written notice to the Company of any event outlined in subparagraphs 1 through 9 of paragraph C above, the Company may elect to substitute the date of public announcement or discovery as the equivalent of written notice. E. Unless the Company elects to reassume the ceded unearned premium in force on the effective date of termination, and so notifies the Reinsurer prior to or as promptly as possible after the effective date of termination, reinsurance hereunder on business in force on the effective date of termination shall remain in full force and effect until expiration, cancellation or next premium anniversary of such business, whichever first occurs, but in no event beyond 12 months plus odd time and following the effective date of termination. D. If F. Notwithstanding the provisions of paragraph E above, if the Company is prohibited or precluded by the appropriate regulatory authorities, or by law (in those states where applicable and enforced), from arranging mid-term cancellation or non-renewal of any policies subject to this Contract is beyond their natural expiry, the Reinsurer agrees to extend coverage under this Contract until such policies may be terminated or expires while a loss occurrence covered hereunder is non-renewed by the Company, but in progress, no event beyond 18 months after the Reinsurer's liability hereunder shall, subject to the other terms and conditions effective date of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contracttermination.

Appears in 1 contract

Samples: Reinsurance Contract (Homeowners of America Holding Corp)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Standard Time, July June 1, 20112015, with respect to losses arising out of loss occurrences commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Standard Time, July June 1, 20122016. B. Notwithstanding the provisions of paragraph A above, the Company may terminate a Subscribing Reinsurer's percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occur: 1. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at the inception of this Contract has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or 2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during the term of this Contract has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contract; or 3. The Subscribing Reinsurer's A.M. Best's rating has been assigned or downgraded below A- and/or Standard & Poor's rating has been assigned or downgraded below BBB+; or 4. The Subscribing Reinsurer has become become, or has announced its intention to become, merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; or 6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 7. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent; or 8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; or 9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid; or 10. The Subscribing Reinsurer has failed to comply with the funding requirements set forth in the Reserves Article. C. The "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July June 1, 2011 2015 to 12:01 a.m., Eastern Standard Time, July June 1, 20122016. However, if this Contract is terminated, the "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July June 1, 2011 2015 to the effective time and date of termination. D. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progress, the Reinsurer's liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract.

Appears in 1 contract

Samples: Reinsurance Contract (Federated National Holding Co)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Standard Time, July 1, 20112017, with respect to reinstatement premium payable by the Company under Coverage A of the Original Contract as a result of losses arising out of loss occurrences commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Standard Time, July 1, 2012.2018.  B. Notwithstanding the provisions of paragraph A above, the Company may terminate a Subscribing Reinsurer's percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occur::  1. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at the inception of this Contract has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) 12 months prior to that date; oror  2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during the term of this Contract has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contract; oror  3. The Subscribing Reinsurer's A.M. Best's rating has been assigned or downgraded below A- "A-" and/or Standard & Poor's rating has been assigned or downgraded below "BBB+"; oror  4. The Subscribing Reinsurer has become become, or has announced its intention to become, merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; oror  5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; oror  6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; oror  7. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent; oror  8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; oror  9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid; or  10. The Subscribing Reinsurer has failed to comply with the funding requirements set forth in the Reserves Article. C. The "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to 12:01 a.m., Eastern Standard Time, July 1, 2012. However, if this Contract is terminated, the "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to the effective time and date of termination. D. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progress, the Reinsurer's liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract.

Appears in 1 contract

Samples: Reinsurance Contract (Federated National Holding Co)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Standard Time, July 1, 20112021, with respect to reinstatement premium payable by the Company under the Original Contract as a result of losses arising out of loss occurrences commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Standard Time, July 1, 20122022. B. Notwithstanding the provisions of paragraph A above, the Company may terminate a Subscribing Reinsurer's percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occur: 1. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at the inception of this Contract has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or 2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during the term of this Contract has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent 21\F7V1140 Schedule B financial statement filed with regulatory authorities and available to the public as of the inception of this Contract; or 3. The Subscribing Reinsurer's A.M. Best's rating Financial Strength Rating has been assigned or downgraded below A- and/or Standard & Poor's rating Financial Strength Rating has been assigned or downgraded below BBB+; or 4. The Subscribing Reinsurer has become become, or has announced its intention to become, merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; or 6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 7. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent; or 8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; or 9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid; or 10. The Subscribing Reinsurer has failed to comply with the funding requirements set forth in the Reserves Article. C. The "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to 12:01 a.m., Eastern Standard Time, July 1, 2012. However, if this Contract is terminated, the "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to the effective time and date of termination. D. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progress, the Reinsurer's liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract.

Appears in 1 contract

Samples: Reinsurance Contract (FedNat Holding Co)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Standard Time, July 1, 20112021, with respect to losses arising out of loss occurrences commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Standard Time, July 1, 20122022. B. Notwithstanding the provisions of paragraph A above, the Company may terminate a Subscribing Reinsurer's percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occur: 1. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at the inception of this Contract has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or 2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during the term of this Contract has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contract; or 3. The Subscribing Reinsurer's A.M. Best's rating Financial Strength Rating has been assigned or downgraded below A- and/or Standard & Poor's rating Financial Strength Rating has been assigned or downgraded below BBB+; or 4. The Subscribing Reinsurer has become become, or has announced its intention to become, merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; or 6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 7. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent; or 8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; or 9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid; or 10. The Subscribing Reinsurer has failed to comply with the funding requirements set forth in the Reserves Article. C. The "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 2021 to 12:01 a.m., Eastern Standard Time, July 1, 20122022. However, if this Contract is terminated, the "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 2021 to the effective time and date of termination. D. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progress, the Reinsurer's liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract.

Appears in 1 contract

Samples: Excess Catastrophe Reinsurance Contract (FedNat Holding Co)

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COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m.11:59 p.m., Eastern Standard Time, July 1December 31, 2011, with respect to losses arising out of loss occurrences commencing occurring at or after that time and date, and shall remain in force until 12:01 a.m.11:59 p.m., Eastern December 31, 2014, Local Standard Time, July 1, 2012Time at the location where the Policy is issued. B. Notwithstanding the provisions of paragraph A above, the Company may terminate a Subscribing Reinsurer's ’s percentage share in this Contract at any time by giving at least 30 days prior written notice to the Subscribing Reinsurer in the event any of the following circumstances occur: 1. The Subscribing Reinsurer's ’s policyholders' surplus (or its equivalent under the Subscribing Reinsurer's ’s accounting system) at any time during the inception Term of this Contract has been reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or 2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during the term of this Contract has been reduced by more than 20.025.0% of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's ’s most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contract; or 3. The Subscribing Reinsurer's A.M. Best's rating has been assigned or downgraded below A- and/or Standard & Poor's rating has been assigned or downgraded below BBB+; or 42. The Subscribing Reinsurer has become been assigned an initial A.M. Best’s rating below A- or has had an existing A.M. Best’s rating downgraded below A-; or 3. The Subscribing Reinsurer has become, or has announced its intention to become, merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's ’s operations previously; or 54. A State Insurance Department or other governmental, legal authority or regulatory authority, or court of competent jurisdiction has ordered the Subscribing Reinsurer to cease or suspend writing business; or 65. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment, of a receiver, liquidator; rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 6. The Subscribing Reinsurer has reinsured its entire liability under this Contract with an unaffiliated entity without the Company’s prior written consent; or 7. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; or 8. There is a severance or obstruction of free and unfettered communication and/or normal commercial and/or financial intercourse between the country in which the Company is incorporated and the country in which the Subscribing Reinsurer is incorporated or has its principal office as a result of war, currency regulations, or any circumstances arising out of political, financial or economic emergency; or 9. The Subscribing Reinsurer has failed to comply with the funding requirements set forth in the Unauthorized Reinsurers Article. C. Notwithstanding the provisions of paragraphs A and B above, a Subscribing Reinsurer may terminate its percentage share in this Contract at (i) the end of any Contract Year as respects subparagraphs 1 and 2 below, and (ii) at any time as respects subparagraphs 3 through 7 below, by giving at least 30 days prior written notice to the Company in the event any of the following circumstances occur: 1. The policyholders’ surplus of State Auto Insurance Companies (or its equivalent under State Auto Insurance Companies’ accounting system) at any time. during the Term of this Contract has been reduced by more than 26.0% of the amount of surplus (or the applicable equivalent), as of September 30, 2011; or 2. The Company has been assigned an initial A.M. Best’s rating below A- or has had an existing A.M. Best’s rating downgraded below A-; or 3. The Company has become, or has announced its intention to become, merged with, acquired by or controlled by any entity or individual(s) not controlling the Company’s operations previously; or 4. A State Insurance Department or other governmental, legal or regulatory authority, or court of competent jurisdiction has ordered the Company to cease or suspend writing business; or 5. The Company has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Company for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 76. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent; or 8. The Subscribing Reinsurer Company has ceased assuming writing new or renewal property or casualty treaty reinsurance business; or 97. The There is a severance or obstruction of free and unfettered communication and/or normal commercial and/or financial intercourse between the country in which the Company is incorporated and the country in which the Subscribing Reinsurer is incorporated or has hired an unaffiliated runoff claims manager that is compensated on its principal office as a contingent basis result of war, currency regulations, or is otherwise provided with any circumstances arising out of political, financial incentives based on the quantum of claims paid. C. The "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to 12:01 a.m., Eastern Standard Time, July 1, 2012. However, if this Contract is terminated, the "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to the effective time and date of terminationor economic emergency. D. The Reinsurer shall have no liability hereunder with respect to losses occurring after the effective date of termination or expiration and the Company shall reassume the unearned premium, less any ceding commission, in force on the effective date of termination or expiration. E. Subject to mutual agreement after the effective date of termination or expiration, and up to December 31, 2017, the Company and any Subscribing Reinsurer may commute all present and future liabilities under this Contract using nominal reserves (including incurred but not reported loss reserves), which shall then constitute a full and final release of all such liabilities. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progressnot commuted prior to December 31, 2017, the Reinsurer's liability hereunder Company and the Reinsurer will then commute all present and future liabilities under this Contract as of December 31, 2017, which shall then constitute a full and final release of all such liabilities. If the Company and the Reinsurer cannot agree on the value of the nominal reserves (including incurred but not reported loss reserves), they shall appoint an independent actuary to determine such value. If the Company and the Reinsurer cannot agree on an actuary, the Company and the Reinsurer shall each nominate three individuals, of whom the other shall decline two, and the final decision shall, subject to be made by drawing lots. All the other terms actuaries selected shall be disinterested in the outcome of the commutation and conditions shall be Members of this Contractthe American Academy of Actuaries or Fellows of the Casualty Actuarial Society. The decision in writing of the appointed actuary, when filed with the parties hereto, shall be determined as if final and binding on both parties. The expense of the entire loss occurrence had occurred prior to actuary and of the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contractactuarial calculation shall be equally divided between the two parties. Said actuarial calculation shall take place in a location chosen by the Company.

Appears in 1 contract

Samples: Reinsurance Contract (State Auto Financial CORP)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Standard Time, July 1, 20112013, with respect to reinstatement premium payable by the Company under the Original Contract as a result of losses arising out of loss occurrences commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Standard Time, July 1, 20122014. B. Notwithstanding the provisions of paragraph A above, the Company may terminate a Subscribing Reinsurer's percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occur: 1. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at the inception of this Contract has been reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or 2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during the term of this Contract has been reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contract; or 3. The Subscribing Reinsurer's A.M. Best's rating has been assigned or downgraded below A- and/or Standard & Poor's rating has been assigned or downgraded below BBB+; or 4. The Subscribing Reinsurer has become merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; or 6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 7. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent; or 8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; or 98. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid. C. The "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to 12:01 a.m., Eastern Standard Time, July 1, 2012. However, if this Contract is terminated, the "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to the effective time and date of termination. D. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progress, the Reinsurer's liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract.

Appears in 1 contract

Samples: Reinsurance Contract (Federated National Holding Co)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Standard Time, July 1, 20112015, with respect to losses arising out of loss occurrences Occurrences commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Standard Time, July 1, 20122017. B. Notwithstanding the provisions of paragraph A above, the Company may terminate a Subscribing Reinsurer's percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occur: 1. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at the inception beginning of this any Contract Year has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or 2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during the term of this any Contract Year has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent financial statement filed with regulatory authorities and available to the public as of the inception beginning of this Contractthat Contract Year; or 3. The Subscribing Reinsurer's A.M. Best's rating has been assigned or downgraded below A- and/or Standard & Poor's rating has been assigned or downgraded below BBB+; or 4. The Subscribing Reinsurer has become become, or has announced its intention to become, merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previouslypreviously (however, this subparagraph shall not apply with respect to a Subscribing Reinsurer’s merger or acquisition with AXIS Capital Holdings Ltd. and/or EXOR S.p.A.); or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; or 6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 7. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent; or 8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; or 9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid; or 10. The Subscribing Reinsurer has failed to comply with the funding requirements set forth in the Unauthorized Reinsurers Article. C. The "term As promptly as possible after termination or expiration of this Contract, the Reinsurer shall return the ceded unearned premium (less any ceding commission thereon) on business in force at the effective time and date of termination or expiration, and whereby the Reinsurer shall have no liability for losses occurring subsequent to the effective time and date of termination or expiration of this Contract. D. Notwithstanding the provisions of paragraph C above, if the Company is prohibited or precluded by the appropriate regulatory authorities, or by law (in those states where applicable), from arranging mid-term cancellation or non-renewal of any Policies subject to this Contract beyond their natural expiry, the Reinsurer agrees to extend coverage under this Contract until such Policies may be terminated or non-renewed by the Company, but in no event beyond 33 months after the effective date of termination or expiration. E. Contract Year" as used herein in this Contract shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 2015, to 12:01 a.m., Eastern Standard Time, July 1, 2012. However2016, if and each respective 12-month period (or portion thereof) thereafter that this Contract is terminated, the "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to the effective time and date of terminationcontinues in force. D. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progress, the Reinsurer's liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract.

Appears in 1 contract

Samples: Reinsurance Contract (Federated National Holding Co)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Standard Time, July 1, 20112021, with respect to losses arising out of loss occurrences commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Standard Time, July 1, 20122022. B. Notwithstanding the provisions of paragraph A above, the Company may terminate a Subscribing Reinsurer's percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occur: 1. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at the inception of this Contract has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or 2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during the term of this Contract has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contract; or 3. The Subscribing Reinsurer's A.M. Best's rating Financial Strength Rating has been assigned or downgraded below A- and/or Standard & Poor's rating Financial Strength Rating has been assigned or downgraded below BBB+; or 4. The Subscribing Reinsurer has become become, or has announced its intention to become, merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; or 6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 7. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent; or 8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; or 9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid; or 10. The Subscribing Reinsurer has failed to comply with the funding requirements set forth in the Reserves Article. C. The "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 2021 to 12:01 a.m., Eastern Standard Time, July 1, 20122022. However, if this Contract is terminated, the "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 2021 to the effective time and date of termination. D. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progress, the Reinsurer's liability hereunder shall, subject to the other terms and conditions of 21\F7V1141 Page 2 this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract.

Appears in 1 contract

Samples: Reinsurance Contract (FedNat Holding Co)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Standard Time, July 1, 20112012, with respect to losses arising out of loss occurrences qualifying events commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Standard Time, July 1, 20122013. B. Notwithstanding the provisions of paragraph A above, the Company may terminate a Subscribing Reinsurer's percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occur: 1. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at the inception of this Contract has been reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or 2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during the term of this Contract has been reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contract; or 3. The Subscribing Reinsurer's A.M. Best's rating has been assigned or downgraded below A- and/or Standard & Poor's rating has been assigned or downgraded below BBB+; or 4. The Subscribing Reinsurer has become merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; or 6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 7. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent. However, this provision shall not apply to business reinsured with Poseidon Reinsurance Ltd; or 8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; or 9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid. C. The "term of this Contract" as used herein in this Contract shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 2012 to 12:01 a.m., Eastern Standard Time, July 1, 20122013. However, if this Contract is terminated, the "term of this Contract" as used herein in this Contract shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 2012 to the effective time and date of termination. D. If this Contract is terminated or expires while a loss occurrence qualifying event covered hereunder is in progress, the Reinsurer's liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence qualifying event had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence qualifying event is claimed against any renewal or replacement of this Contract.

Appears in 1 contract

Samples: Reinsurance Contract (Federated National Holding Co)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Standard Time, July on April 1, 20112003, with respect to losses arising out of loss occurrences commencing at on or after that time and date, and shall remain continue in force thereafter until 12:01 a.m., Eastern Standard Time, July 1, 2012terminated. B. Either party may terminate this Contract on December 31, 2003, or on any subsequent December 31 by giving the other party not less than 60 days prior written notice by certified mail, return receipt requested. C. Notwithstanding the provisions of paragraph A above, the Company may terminate a Subscribing Reinsurer's percentage share in this Contract at any time Contract, on a cutoff or runoff basis, by giving written notice to the Subscribing Reinsurer not less than 30 days prior written notice by certified mail, return receipt requested, in the event any of the following circumstances occur: 1. The Company has not received payment of any loss amount due from the Reinsurer on or before the quarterly due date; or 2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at the inception of this Contract any time during any contract year has been reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or 2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during the term of this Contract has been reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent financial statement filed with regulatory authorities and available to the public as of the inception beginning of this Contractthat contract year; or 3. The Subscribing Reinsurer's A.M. Best's rating has been assigned or downgraded below A- and/or Standard & Poor's rating has been assigned or downgraded below BBB+; or 4. The Subscribing Reinsurer has become merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; or 6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up liquidation or under a scheme of arrangement, or similar proceedings receivership (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 74. The Subscribing Reinsurer has reinsured its entire liability been placed under this Contract without the Company's prior written consentsupervision or control of a State Insurance Department; or 85. The Subscribing Reinsurer has ceased assuming new or and renewal property or and casualty treaty reinsurance business; or 96. The Subscribing Reinsurer's A.M. Best's rating is A- with negative watch or has been assigned or downgraded below A- and/or Standard and Poor's rating is BBB+ with negative watch or has been assigned or downgraded below BBB+; or 7. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated become merged with, acquired by or controlled by any other company, corporation or individual(s) not controlling the Subscribing Reinsurer's operations previously. D. Notwithstanding the provisions of paragraph A and B above, a Subscribing Reinsurer may terminate this Contract, on a contingent basis cutoff or runoff basis, by giving the Company not less than 30 days prior written notice by certified or registered mail, return receipt requested, in the event any of the following circumstances occur: 1. The Subscribing Reinsurer has not received payment of any premium amount due from the Company on or before the quarterly due date; or 2. The Company's consolidated policyholders' surplus at any time during any contract year has been reduced by more than 20.0% of the amount of surplus at the beginning of the contract year, or the policyholders' surplus of one or more of the reinsured companies hereunder has been reduced by more than 25.0% since the beginning of the contract year; or 3. One or more of the reinsured companies hereunder has become insolvent or has been placed into liquidation or receivership (whether voluntary or involuntary) or proceedings have been instituted against the company for the appointment of a receiver, liquidator, rehabilitator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 4. One or more of the reinsured companies hereunder has been placed under the supervision or control of a State Insurance Department; or 5. One or more of the reinsured companies hereunder has ceased writing new business; or 6. The Company's A.M. Best's rating becomes A- or less and/or Standard and Poor's rating is otherwise provided with financial incentives based on BBB+ or less, or if the quantum of claims paidCompany is not rated by Standard and Poor's but is rated by Moodys, its Moodys rating becomes Baa1 or less; or 7. The Company has become merged with, acquired by or controlled by any other company, corporation or individual(s) not controlling the Company's operations previously. C. The "term of this Contract" as used herein shall mean E. Unless the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 Company elects to 12:01 a.m., Eastern Standard Time, July 1, 2012. However, if this Contract is terminated, reassume the "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to ceded unearned premium in force on the effective time and date of termination, and so notifies the Reinsurer prior to or as promptly as possible after the effective date of termination, reinsurance hereunder on business in force on the effective date of termination shall remain in full force and effect until expiration, cancellation or next premium anniversary of such business, whichever first occurs, but in no event beyond 12 months plus odd time (not exceeding 18 months in all) following the effective date of termination. D. F. If this Contract is terminated or expires while a loss an occurrence covered hereunder is in progress, the Reinsurer's liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract. G. Notwithstanding the foregoing, in the event that an original policy covered hereunder is written in a jurisdiction in which the cancellation, renewal or non-renewal of a policy in force is regulated by the properly authorized insurance authorities of the jurisdiction involved, the Company shall be bound by the regulations and statutes for said jurisdiction, and the Reinsurer shall be liable for its proportionate share as stated in the Contract in the same manner as the Company until such policy may be cancelled or non-renewed by the Company to a maximum of 24 months. The Company will make its best effort to cancel or non-renew at its earliest possible time.

Appears in 1 contract

Samples: Whole Account Net Quota Share Reinsurance Contract (Philadelphia Consolidated Holding Corp)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Standard Time, July 1, 20112020, with respect to losses arising out of loss occurrences commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Standard Time, July 1, 20122021. B. Notwithstanding the provisions of paragraph A above, the Company may terminate a Subscribing Reinsurer's percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occur: 1. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at the inception of this Contract has 20\F7V1101Page 1 been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or 2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during the term of this Contract has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contract; or 3. The Subscribing Reinsurer's A.M. Best's rating has been assigned or downgraded below A- and/or Standard & Poor's rating has been assigned or downgraded below BBB+; or 4. The Subscribing Reinsurer has become become, or has announced its intention to become, merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; or 6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 7. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent; or 8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; or 9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid; or 10. The Subscribing Reinsurer has failed to comply with the funding requirements set forth in the Reserves Article. C. The "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 2020 to 12:01 a.m., Eastern Standard Time, July 1, 20122021. However, if this Contract is terminated, the "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 2020 to the effective time and date of termination. D. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progress, the Reinsurer's liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the 20\F7V1101Page 2 termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract.

Appears in 1 contract

Samples: Excess Catastrophe Reinsurance Contract (FedNat Holding Co)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Standard Time, July on June 1, 20112009, with respect to reinstatement premium payable by the Company under the provisions of the Underlying Contract as a result of losses arising out of loss occurrences commencing at on or after that time and date, and shall remain in force until 12:01 a.m.May 31, Eastern 2010, both days inclusive, Local Standard Time, July 1, 2012Time at the location where the loss occurrence commences. B. Notwithstanding the provisions of paragraph A above, the Company may terminate a Subscribing Reinsurer's ’s percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occur, as clarified by public announcement for subparagraphs 1 through 6 below, or upon discovery for subparagraphs 7 through 9 below. To terminate a Subscribing Reinsurer’s percentage share in this Contract, the Company must give the Subscribing Reinsurer written notice. The effective date of termination will be as selected by the Company, which may be a date that is retroactively applied up to a maximum of 65 days prior to the date of applicable public announcement or discovery, subject to the condition that such selected date must be the last day of a calendar month: 1. The Subscribing Reinsurer's ’s policyholders' surplus (or its equivalent under the Subscribing Reinsurer's ’s accounting system) at the inception of this Contract has been reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or 2. The Subscribing Reinsurer's ’s policyholders' surplus (or its equivalent under the Subscribing Reinsurer's ’s accounting system) at any time during the term of this Contract has been reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's ’s most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contract; or 3. The Subscribing Reinsurer's ’s A.M. Best's ’s rating has been assigned or downgraded below A- and/or Standard & Poor's ’s rating has been assigned or downgraded below BBB+; or 4. The Subscribing Reinsurer has become merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's ’s operations previously; or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; or 6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 7. The Subscribing Reinsurer has reinsured its entire liability under this Contract with an unaffiliated entity or entities without the Company's ’s prior written consent; or 8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; or 9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid. C. The "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to 12:01 a.m., Eastern Standard Time, July 1, 2012. However, if this Contract is terminated, the "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to the effective time and date of termination. D. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progress, the Reinsurer's ’s liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract.

Appears in 1 contract

Samples: Reinsurance Contract (Homeowners Choice, Inc.)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Standard Time, July 1, 20112021, with respect to reinstatement premium payable by the Company under the Original Contract as a result of losses arising out of loss occurrences commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Standard Time, July 1, 20122022. B. Notwithstanding the provisions of paragraph A above, the Company may terminate a Subscribing Reinsurer's percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occur: 1. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at the inception of this Contract has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or 2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during the term of this Contract has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contract; or 3. The Subscribing Reinsurer's A.M. Best's rating Financial Strength Rating has been assigned or downgraded below A- and/or Standard & Poor's rating Financial Strength Rating has been assigned or downgraded below BBB+; or 4. The Subscribing Reinsurer has become become, or has announced its intention to become, merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; or 6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 7. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent; or 8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; or 9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid; or 10. The Subscribing Reinsurer has failed to comply with the funding requirements set forth in the Reserves Article. C. The "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to 12:01 a.m., Eastern Standard Time, July 1, 2012. However, if this Contract is terminated, the "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to the effective time and date of termination. D. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progress, the Reinsurer's liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract.. 21\F7V1139 Page 2

Appears in 1 contract

Samples: Reinsurance Contract (FedNat Holding Co)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Standard Time, July on June 1, 20112009, with respect to losses arising out of loss occurrences commencing at on or after that time and date, and shall remain in force until 12:01 a.m.May 31, Eastern 2010, both days inclusive, Local Standard Time, July 1, 2012Time at the location where the loss occurrence commences. B. Notwithstanding the provisions of paragraph A above, the Company may terminate a Subscribing Reinsurer's ’s percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occur, as clarified by public announcement for subparagraphs 1 through 6 below, or upon discovery for subparagraphs 7 through 9 below. To terminate a Subscribing Reinsurer’s percentage share in this Contract, the Company must give the Subscribing Reinsurer written notice. The effective date of termination will be as selected by the Company, which may be a date that is retroactively applied up to a maximum of 65 days prior to the date of applicable public announcement or discovery, subject to the condition that such selected date must be the last day of a calendar month: 1. The Subscribing Reinsurer's ’s policyholders' surplus (or its equivalent under the Subscribing Reinsurer's ’s accounting system) at the inception of this Contract has been reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or 2. The Subscribing Reinsurer's ’s policyholders' surplus (or its equivalent under the Subscribing Reinsurer's ’s accounting system) at any time during the term of this Contract has been reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's ’s most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contract; or 3. The Subscribing Reinsurer's ’s A.M. Best's ’s rating has been assigned or downgraded below A- and/or Standard & Poor's ’s rating has been assigned or downgraded below BBB+; or 4. The Subscribing Reinsurer has become merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's ’s operations previously. However, this subparagraph shall not apply if the surviving entity has A.M. Best’s and Standard & Poor’s ratings equal to or higher than the Subscribing Reinsurer had on the effective date of this Contract; or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; or 6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 7. The Subscribing Reinsurer has reinsured its entire liability under this Contract with an unaffiliated entity or entities without the Company's ’s prior written consent; or 8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; or 9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid. C. The "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to 12:01 a.m., Eastern Standard Time, July 1, 2012. However, if this Contract is terminated, the "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to the effective time and date of termination. D. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progress, the Reinsurer's ’s liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract.

Appears in 1 contract

Samples: Excess Catastrophe Reinsurance Contract (Homeowners Choice, Inc.)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Central Standard Time, July April 1, 20112015, with respect to losses arising out of loss occurrences commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Central Standard Time, July January 1, 20122017. B. Notwithstanding the provisions of paragraph A above, the Company may terminate a Subscribing Reinsurer's percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occuroccur as clarified by public announcement or upon discovery: 1. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at after the earlier of: (a) the inception of this Contract Contract, or (b) the date lines are bound for this Contract, has been reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or 2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during between the term earlier of: (a) the inception of this Contract, or (b) the date lines are bound for this Contract, and the date of termination of this Contract has been reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contractdate lines are bound; or 3. The Subscribing Reinsurer's A.M. Best's rating has been assigned or downgraded below A- and/or Standard & Poor's rating has been assigned or downgraded below BBB+; or 4. The Subscribing Reinsurer has become merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing assuming business; or 64. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 75. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent; or 6. The A.M. Best's rating for the Subscribing Reinsurer has been assigned or downgraded below A- (inclusive of "Not Rated" ratings), or the published rating issued by Standard & Poor's has been downgraded below BBB+ (inclusive of "Not Rated" ratings); or 7. The Subscribing Reinsurer has become merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; or 8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; or 9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid. C. The In the event a Subscribing Reinsurer experiences one or more of the circumstances specified in paragraph B above, the Subscribing Reinsurer shall notify the Company as promptly as possible and shall hereinafter be referred to as a "term of Special Circumstance Reinsurer." To terminate a Special Circumstance Reinsurer's percentage share in this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to 12:01 a.m., Eastern Standard Time, July 1, 2012. However, if this Contract is terminated, the "term Company must provide the Special Circumstance Reinsurer with written notice as set forth in the Notices and Contract Execution Article. Such notice shall include the effective date of this Contract" termination as used herein selected by the Company and shall mean be one of the period from 12:01 a.m., Eastern Standard Time, July following: 1, 2011 . The date of written notice provided by the Special Circumstance Reinsurer; or 2. The last day of the month prior to the effective time and date of written notice provided by the Special Circumstance Reinsurer; or 3. The last day of any month after the date of written notice provided by the Special Circumstance Reinsurer; or 4. The date of the Company's written notice to the Special Circumstance Reinsurer advising of the termination. In the event the Subscribing Reinsurer fails to immediately provide written notice to the Company of any event outlined in subparagraphs 1 through 9 of paragraph B above, the Company may elect to substitute the date of public announcement or discovery as the equivalent of written notice. D. If this Contract is terminated Unless the Company elects to reassume the ceded unearned premium in force on the effective date of termination or expires while a loss occurrence covered hereunder is in progressexpiration, and so notifies the Reinsurer's liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred Reinsurer prior to or as promptly as possible after the effective date of termination or expiration, reinsurance hereunder on business in force on the effective date of termination or expiration of this Contractshall remain in full force and effect until expiration, provided that no part cancellation or next premium anniversary of such loss occurrence business, whichever first occurs, but in no event beyond 12 months plus odd time following the effective date of termination or expiration. E. Notwithstanding the provisions of paragraph D above, if the Company is claimed against prohibited or precluded by the appropriate regulatory authorities, or by law (in those states where applicable and enforced), from arranging mid-term cancellation or non-renewal of any renewal policies subject to this Contract beyond their natural expiry, the Reinsurer agrees to extend coverage under this Contract until such policies may be terminated or replacement non-renewed by the Company, but in no event beyond 18 months after the effective date of this Contracttermination or expiration.

Appears in 1 contract

Samples: Reinsurance Contract (Homeowners of America Holding Corp)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Central Standard Time, July April 1, 20112015, with respect to losses arising out of loss occurrences commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Central Standard Time, July April 1, 20122017. B. Notwithstanding the provisions of paragraph A above, the Company may terminate a Subscribing Reinsurer's percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occuroccur as clarified by public announcement or upon discovery: 1. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at after the earlier of: (a) the inception of this Contract Contract, or (b) the date lines are bound for this Contract, has been reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or 2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during between the term earlier of: (a) the inception of this Contract, or (b) the date lines are bound for this Contract, and the date of termination of this Contract has been reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contractdate lines are bound; or 3. The Subscribing Reinsurer's A.M. Best's rating has been assigned or downgraded below A- and/or Standard & Poor's rating has been assigned or downgraded below BBB+; or 4. The Subscribing Reinsurer has become merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing assuming business; or 64. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 75. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent; or 6. The A.M. Best's rating for the Subscribing Reinsurer has been assigned or downgraded below A- (inclusive of "Not Rated" ratings), or the published rating issued by Standard & Poor's has been downgraded below BBB+ (inclusive of "Not Rated" ratings); or 7. The Subscribing Reinsurer has become merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; or 8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business. C. In the event a Subscribing Reinsurer experiences one or more of the circumstances specified in paragraph B above, the Subscribing Reinsurer shall notify the Company as promptly as possible and shall hereinafter be referred to as a "Special Circumstance Reinsurer." To terminate a Special Circumstance Reinsurer's percentage share in this Contract, the Company must provide the Special Circumstance Reinsurer with written notice as set forth in the Notices and Contract Execution Article. Such notice shall include the effective date of termination as selected by the Company and shall be one of the following: 1. The date of written notice provided by the Special Circumstance Reinsurer; or 92. The last day of the month prior to the date of written notice provided by the Special Circumstance Reinsurer; or 3. The last day of any month after the date of written notice provided by the Special Circumstance Reinsurer; or 4. The date of the Company's written notice to the Special Circumstance Reinsurer advising of the termination. In the event the Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on fails to immediately provide written notice to the quantum Company of claims paid. C. The "term any event outlined in subparagraphs 1 through 8 of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to 12:01 a.m., Eastern Standard Time, July 1, 2012. However, if this Contract is terminatedparagraph B above, the "term of this Contract" as used herein shall mean Company may elect to substitute the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to the effective time and date of terminationpublic announcement or discovery as the equivalent of written notice. D. If any Subscribing Reinsurer's percentage share in this Contract is terminated or if this Contract expires while a loss occurrence covered hereunder is in progress, the Reinsurer's liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract.

Appears in 1 contract

Samples: Reinsurance Contract (Homeowners of America Holding Corp)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Central Standard Time, July April 1, 20112013, with respect to losses arising out of loss occurrences commencing at or after that time and date, and shall remain continue in force thereafter until terminated. B. Either party may terminate this Contract at 12:01 a.m., Eastern Central Standard Time, July 1, 2012on any April 1 by giving the other party not less than 90 days prior written notice as set forth in the Notices and Contract Execution Article. B. C. Notwithstanding the provisions of paragraph paragraphs A and B above, the Company may terminate a Subscribing Reinsurer's ’s percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occuroccur as clarified by public announcement or upon discovery: 1. The Subscribing Reinsurer's ’s policyholders' surplus (or its equivalent under the Subscribing Reinsurer's ’s accounting system) at after the earlier of: (a) the inception of this Contract Contract, or (b) the date lines are bound for this Contract, has been reduced by more than 20.030.0% of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or 2. The Subscribing Reinsurer's ’s policyholders' surplus (or its equivalent under the Subscribing Reinsurer's ’s accounting system) at any time during between the term earlier of: (a) the inception of this Contract, or (b) the date lines are bound for this Contract, and the date of termination of this Contract has been reduced by more than 20.030.0% of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's ’s most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contractdate lines are bound; or 3. The Subscribing Reinsurer's A.M. Best's rating has been assigned or downgraded below A- and/or Standard & Poor's rating has been assigned or downgraded below BBB+; or 4. The Subscribing Reinsurer has become merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing assuming business; or 64. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 75. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's ’s prior written consent; or 6. The A.M. Best’s rating for the Subscribing Reinsurer has been assigned or downgraded below A- (inclusive of “Not Rated” ratings), or the published rating issued by Standard & Poor’s has been downgraded below BBB+ (inclusive of “Not Rated” ratings); or 7. The Subscribing Reinsurer has become merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer’s operations previously; or 8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; or 9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid. C. The "term D. In the event a Subscribing Reinsurer experiences one or more of the circumstances specified in paragraph C above, the Subscribing Reinsurer shall notify the Company as promptly as possible and shall hereinafter be referred to as a “Special Circumstance Reinsurer.” To terminate a Special Circumstance Reinsurer’s percentage share in this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to 12:01 a.m., Eastern Standard Time, July 1, 2012. However, if this Contract is terminated, the "term Company must provide the Special Circumstance Reinsurer with written notice as set forth in the Notices and Contract Execution Article. Such notice shall include the effective date of this Contract" termination as used herein selected by the Company and shall mean be one of the period from 12:01 a.m.following: 1. The date of written notice provided by the Special Circumstance Reinsurer, Eastern Standard Time, July 1, 2011 or 2. The last day of the month prior to the date of written notice provided by the Special Circumstance Reinsurer, or 3. The last day of any month after the date of written notice provided by the Special Circumstance Reinsurer, or 4. The date of the Company’s written notice to the Special Circumstance Reinsurer advising of the termination. In the event the Subscribing Reinsurer fails to immediately provide written notice to the Company of any event outlined in subparagraphs 1 through 9 of paragraph C above, the Company may elect to substitute the date of public announcement or discovery as the equivalent of written notice. E. Unless the Company elects to reassume the ceded unearned premium in force on the effective date of termination, and so notifies the Reinsurer prior to or as promptly as possible after the effective date of termination, reinsurance hereunder on business in force on the effective date of termination shall remain in full force and effect until expiration, cancellation or next premium anniversary of such business, whichever first occurs, but in no event beyond 12 months plus odd time and following the effective date of termination. D. If F. Notwithstanding the provisions of paragraph E above, if the Company is prohibited or precluded by the appropriate regulatory authorities, or by law (in those states where applicable and enforced), from arranging mid-term cancellation or non-renewal of any policies subject to this Contract is beyond their natural expiry, the Reinsurer agrees to extend coverage under this Contract until such policies may be terminated or expires while a loss occurrence covered hereunder is non-renewed by the Company, but in progress, no event beyond 18 months after the Reinsurer's liability hereunder shall, subject to the other terms and conditions effective date of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contracttermination.

Appears in 1 contract

Samples: Residential Quota Share Reinsurance Contract (Homeowners of America Holding Corp)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Standard Time, July 1, 20112013, with respect to losses arising out of loss occurrences commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Standard Time, July 1, 20122014. B. Notwithstanding the provisions of paragraph A above, the Company may terminate a Subscribing Reinsurer's percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occur: 1. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at the inception of this Contract has been reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or 2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during the term of this Contract has been reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contract; or 3. The Subscribing Reinsurer's A.M. Best's rating has been assigned or downgraded below A- and/or Standard & Poor's rating has been assigned or downgraded below BBB+; or 4. The Subscribing Reinsurer has become merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; or 6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 7. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent; or 8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; or 9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid. C. The "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 2013 to 12:01 a.m., Eastern Standard Time, July 1, 20122014. However, if this Contract is terminated, the "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 2013 to the effective time and date of termination. D. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progress, the Reinsurer's liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract.

Appears in 1 contract

Samples: Non Competition, Non Disclosure and Non Solicitation Agreement (Federated National Holding Co)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Standard Time, July 1, 20112017, with respect to losses arising out of loss occurrences commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Standard Time, July 1, 2012.2019.  B. Notwithstanding the provisions of paragraph A above, the Company may terminate a Subscribing Reinsurer's percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occur::  1. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at the inception of this Contract any contract year has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) 12 months prior to that date; oror  2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during the term of this Contract any contract year has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contractany contract year; oror  3. The Subscribing Reinsurer's A.M. Best's rating has been assigned or downgraded below A- and/or Standard & Poor's rating has been assigned or downgraded below BBB+; oror  4. The Subscribing Reinsurer has become become, or has announced its intention to become, merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; oror  5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; oror  6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; oror  7. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent; oror  8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; oror  9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid.; or  10. The Subscribing Reinsurer has failed to comply with the funding requirements set forth in the Reserves Article.  C. The "term of this ContractContract year" as used herein in this Contract shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 2017 to 12:01 a.m., Eastern Standard Time, July 1, 20122018, and each respective 12-month period thereafter that this Contract continues in force. However, if in the event this Contract or a Subscribing Reinsurer's share in this Contract is terminated, the "term of this Contract" final contract year as used herein respects the terminated share(s) shall mean be the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 the beginning of the then current contract year to the effective time and date of termination..  D. If this Contract is terminated or expires while In the event a loss occurrence covered hereunder is in progressprogress at the end of any contract year, the Reinsurer's liability hereunder shallentire loss arising out of the loss occurrence will be charged to the contract year in which the loss occurrence commenced, subject to the other terms and conditions of this Contract, be determined as if the entire .  E. Should this Contract expire or terminate while a loss occurrence had occurred covered hereunder is in progress, all losses arising from such loss occurrence will be deemed to have been incurred prior to the expiration or termination or expiration of this Contract, subject to the other conditions of this Contract, and provided that no part of such said loss occurrence is claimed against any renewal or replacement of this Contract..  

Appears in 1 contract

Samples: Reinsurance Contract (Federated National Holding Co)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Standard Time, July 1, 20112012, with respect to losses arising out of loss occurrences commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Standard Time, July 1, 20122013. B. Notwithstanding the provisions of paragraph A above, the Company may terminate a Subscribing Reinsurer's percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occur: 1. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at the inception of this Contract has been reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or 2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during the term of this Contract has been reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contract; or 3. The Subscribing Reinsurer's A.M. Best's rating has been assigned or downgraded below A- and/or Standard & Poor's rating has been assigned or downgraded below BBB+; or 4. The Subscribing Reinsurer has become merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; or 6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 7. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent; or 8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; or 9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid. C. The "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 2012 to 12:01 a.m., Eastern Standard Time, July 1, 20122013. However, if this Contract is terminated, the "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 2012 to the effective time and date of termination. D. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progress, the Reinsurer's liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract.

Appears in 1 contract

Samples: Excess Catastrophe Reinsurance Contract (Federated National Holding Co)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Standard Time, July 1, 20112017, with respect to losses arising out of loss occurrences commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Standard Time, July 1, 2012.2018.  B. Notwithstanding the provisions of paragraph A above, the Company may terminate a Subscribing Reinsurer's percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occur::  1. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at the inception of this Contract has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) 12 months prior to that date; oror  2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during the term of this Contract has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contract; oror  3. The Subscribing Reinsurer's A.M. Best's rating has been assigned or downgraded below A- and/or Standard & Poor's rating has been assigned or downgraded below BBB+; oror  4. The Subscribing Reinsurer has become become, or has announced its intention to become, merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; oror  5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; oror  6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; oror  7. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent; oror  8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; oror  9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid.; or  10. The Subscribing Reinsurer has failed to comply with the funding requirements set forth in the Reserves Article.  C. The "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 2017 to 12:01 a.m., Eastern Standard Time, July 1, 20122018. However, if this Contract is terminated, the "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 2017 to the effective time and date of termination..  D. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progress, the Reinsurer's liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract.

Appears in 1 contract

Samples: Excess Catastrophe Reinsurance Contract (Federated National Holding Co)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Standard Time, July June 1, 20112017, with respect to losses arising out of loss occurrences commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Standard Time, July June 1, 2012.2018.  B. Notwithstanding the provisions of paragraph A above, the Company may terminate a Subscribing Reinsurer's percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occur::  1. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at the inception of this Contract has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) 12 months prior to that date; oror  2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during the term of this Contract has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contract; oror  3. The Subscribing Reinsurer's A.M. Best's rating has been assigned or downgraded below A- and/or Standard & Poor's rating has been assigned or downgraded below BBB+; oror  4. The Subscribing Reinsurer has become become, or has announced its intention to become, merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; oror  5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; oror  6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; oror  7. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent; oror  8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; oror  9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid.; or  10. The Subscribing Reinsurer has failed to comply with the funding requirements set forth in the Reserves Article.  C. The "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July June 1, 2011 2017 to 12:01 a.m., Eastern Standard Time, July June 1, 20122018. However, if this Contract is terminated, the "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July June 1, 2011 2017 to the effective time and date of termination..  D. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progress, the Reinsurer's liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract.

Appears in 1 contract

Samples: Reinsurance Contract (Federated National Holding Co)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Standard Time, July 1, 20112015, with respect to reinstatement premium payable by the Company under the Original Contract as a result of losses arising out of loss occurrences commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Standard Time, July 1, 20122016. B. Notwithstanding the provisions of paragraph A A. above, the Company may terminate a Subscribing Reinsurer's percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occur: 1. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at the inception of this Contract has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or 2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during the term of this Contract has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contract; or 3. The Subscribing Reinsurer's A.M. Best's rating has been assigned or downgraded below A- "A-" and/or Standard & Poor's rating has been assigned or downgraded below "BBB+"; or 4. The Subscribing Reinsurer has become become, or has announced its intention to become, merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; or 6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 7. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent; or 8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; or 9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid; or 10. The Subscribing Reinsurer has failed to comply with the funding requirements set forth in the Reserves Article. C. The "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to 12:01 a.m., Eastern Standard Time, July 1, 2012. However, if this Contract is terminated, the "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 to the effective time and date of termination. D. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progress, the Reinsurer's liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract.

Appears in 1 contract

Samples: Reinsurance Contract (Federated National Holding Co)

COMMENCEMENT AND TERMINATION. A. This Contract shall become effective at 12:01 a.m., Eastern Standard Time, July 1, 20112015, with respect to losses arising out of loss occurrences commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Standard Time, July 1, 20122016. B. Notwithstanding the provisions of paragraph A above, the Company may terminate a Subscribing Reinsurer's percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occur: 1. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at the inception of this Contract has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or 2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during the term of this Contract has been reduced by more than 20.0% or more of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contract; or 3. The Subscribing Reinsurer's A.M. Best's rating has been assigned or downgraded below A- and/or Standard & Poor's rating has been assigned or downgraded below BBB+; or 4. The Subscribing Reinsurer has become become, or has announced its intention to become, merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; or 6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 7. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent; or 8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; or 9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid; or 10. The Subscribing Reinsurer has failed to comply with the funding requirements set forth in the Reserves Article. C. The "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 2015 to 12:01 a.m., Eastern Standard Time, July 1, 20122016. However, if this Contract is terminated, the "term of this Contract" as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, July 1, 2011 2015 to the effective time and date of termination. D. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progress, the Reinsurer's liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract.

Appears in 1 contract

Samples: Excess Catastrophe Reinsurance Contract (Federated National Holding Co)

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