Common use of Contest, Compromise or Litigation Clause in Contracts

Contest, Compromise or Litigation. The Ceding Company shall promptly notify the Reinsurer in writing of the Ceding Company’s intention to contest, compromise or litigate a claim. The Ceding Company shall provide the Reinsurer with all papers and the Reinsurer shall have an opportunity to review the papers. Within fifteen (15) working days after receipt of all the necessary papers, the Reinsurer shall have the following options: a) Decline to participate in the contest, compromise or litigation of the claim. The Reinsurer shall thereafter discharge its liability with respect to any contested, compromised or litigated claim by paying to the Ceding Company the Reinsurer’s proportionate share of the claim as if there had been no controversy. Upon such discharge, the Reinsurer shall not be liable for any portion of any “routine expenses” or “non-routine expenses,” as defined in Section 12.08, incurred with respect to such claim, nor shall the Reinsurer share in any reduced settlement. b) After consultation with the Ceding Company, the Reinsurer agrees to pay its share based on the results of the contest, compromise or litigation (agreement to be communicated by the Reinsurer to the Ceding Company in writing). The Reinsurer will pay its share of all “routine expenses” and “non-routine expenses,” as defined in Section 12.08, of the contest, compromise or litigation.

Appears in 3 contracts

Samples: Coinsurance Agreement (Kansas City Life Insurance Co), Coinsurance Agreement (Thrivent Variable Life Account I), Coinsurance Agreement (Thrivent Variable Life Account I)

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Contest, Compromise or Litigation. The Ceding Company shall promptly notify the Reinsurer in writing of the Ceding Company’s 's intention to contest, compromise or litigate a claim. The Ceding Company shall provide the Reinsurer with all papers and the Reinsurer shall have an opportunity to review the papers. Within fifteen (15) working days after receipt of all the necessary papers, the Reinsurer shall have the following options: a) Decline to participate in the contest, compromise or litigation of the claim. The Reinsurer shall thereafter discharge its liability with respect to any contested, compromised or litigated claim by paying to the Ceding Company the Reinsurer’s 's proportionate share of the claim as if there had been no controversy. Upon such discharge, the Reinsurer shall not be liable for any portion of any "routine expenses" or "non-routine expenses," as defined in Section 12.08paragraph 12.08 below, incurred with respect to such claim, nor shall the Reinsurer share in any reduced settlement. b) After consultation with the Ceding Company, the Reinsurer agrees to pay its share based on the results of the contest, compromise or litigation (agreement to be communicated by the Reinsurer to the Ceding Company in writing). The Ceding Company will pay its share of all "routine expenses" and the Reinsurer will pay its share of all “routine expenses” and “"non-routine expenses," as defined in Section 12.08paragraph 12.08 below, of the contest, compromise or litigation.

Appears in 2 contracts

Samples: Reinsurance Agreement (Jnlny Separate Account Iv), Reinsurance Agreement (Jackson National Separate Account Iv)

Contest, Compromise or Litigation. The Ceding Company CEDING COMPANY shall promptly notify the Reinsurer REINSURER in writing of the Ceding Company’s CEDING COMPANY’S intention to contest, compromise or litigate a claim. The Ceding Company CEDING COMPANY shall provide the Reinsurer REINSURER with all papers information and the Reinsurer REINSURER shall have an opportunity to review the paperssuch information. Within fifteen (15) working days after receipt of all the necessary papersinformation, the Reinsurer REINSURER shall have the following options: a) Decline to participate in the contest, compromise or litigation of the claim. The Reinsurer REINSURER shall thereafter discharge its liability with respect to any contested, compromised or litigated claim by paying to the Ceding Company CEDING COMPANY the Reinsurer’s REINSURER’S proportionate share of the claim as if there had been no controversy. Upon such discharge, the Reinsurer REINSURER shall not be liable for any portion of any “routine expenses” or “non-routine expenses,” claim expenses as defined described in Section 12.08H, incurred with respect to such claim, nor shall the Reinsurer REINSURER share in any reduced settlement. b) After consultation with the Ceding CompanyCEDING COMPANY, the Reinsurer REINSURER agrees to pay its share based on the results of the contest, compromise or litigation (agreement AGREEMENT to be communicated by the Reinsurer REINSURER to the Ceding Company CEDING COMPANY in writing). The Reinsurer REINSURER will pay its share of all “routine expenses” and “non-routine expenses,” reasonable claim expenses as defined described in Section 12.08H, of the contest, compromise or litigation.

Appears in 1 contract

Samples: Automatic Reinsurance Agreement (Separate Account Fp of Axa Equitable Life Insurance Co)

Contest, Compromise or Litigation. The Ceding Company shall promptly notify give the Reinsurer in writing notification of all surrender or withdrawal claims that exceed a Policy’s cash surrender value or death benefit claims that exceed the Ceding Company’s intention policy value that the Company intends to contest, compromise or litigate a claimon the quarterly statement as provided in Section 10.01 unless the contest, compromise, or litigation is initiated solely for the purpose of determining the rightful beneficiary to Policy proceeds. The Ceding Company shall provide the Reinsurer with all papers upon the Reinsurer’s request, and the Reinsurer shall have an opportunity to review the papers. Within fifteen (15) working days after receipt of all the necessary papers, the Reinsurer shall have the following options: a) Decline to participate in the contest, compromise or litigation of the claim. The Reinsurer shall thereafter discharge its liability with respect to any contested, compromised or litigated claim by paying to the Ceding Company the Reinsurer’s proportionate share of the claim as if there had been no controversy. Upon such discharge, the Reinsurer shall not be liable for any portion of any “routine expenses” or “non-routine expenses,” as defined in Section 12.0813.05, incurred with respect to such claim, nor shall the Reinsurer share in any reduced settlement. b) After consultation with the Ceding Company, the Reinsurer agrees may agree to pay its proportionate share based on the results of the contest, compromise or litigation (agreement to be communicated by the Reinsurer to the Ceding Company in writing). The Reinsurer will pay its proportionate share of all “routine expenses” and “non-routine expenses,” as defined in Section 12.0813.05, of the contest, compromise or litigation.

Appears in 1 contract

Samples: Coinsurance Agreement (Fortune v Separate Account)

Contest, Compromise or Litigation. The Ceding Company shall promptly notify the Reinsurer in writing of the Ceding Company’s 's intention to contest, compromise or litigate a claim. The Ceding Company shall provide the Reinsurer with all papers and the Reinsurer shall have an opportunity to review the papers. Within fifteen (15) working days after receipt of all the necessary papers, the Reinsurer shall have the following options: a) Decline to participate in the contest, compromise or litigation of the claim. The Reinsurer shall thereafter discharge its liability with respect to any contested, compromised or litigated claim by paying to the Ceding Company the Reinsurer’s 's proportionate share of the claim as if there had been no controversy. Upon such discharge, the Reinsurer shall not be liable for any portion of any "routine expenses" or "non-routine expenses," as defined in Section 12.08, incurred with respect to such claim, nor shall the Reinsurer share in any reduced settlement. b) After consultation with the Ceding Company, the Reinsurer agrees to pay its share based on the results of the contest, compromise or litigation (agreement to be communicated by the Reinsurer to the Ceding Company in writing). The Reinsurer will pay its share of all "routine expenses" and "non-routine expenses," as defined in Section 12.08, of the contest, compromise or litigation.

Appears in 1 contract

Samples: Coinsurance Agreement (Cuna Mutual Variable Life Insurance Account)

Contest, Compromise or Litigation. The Ceding Company shall promptly notify the Reinsurer in writing of the Ceding Company’s 's intention to contest, compromise or litigate a claim. The Ceding Company shall provide the Reinsurer with all papers and the Reinsurer shall have an opportunity to review the papers. Within fifteen (15) working days after receipt of all the necessary papers, the Reinsurer shall have the following options: a) Decline to participate in the contest, compromise or litigation of the claim. The Reinsurer shall thereafter discharge its liability with respect to any contested, compromised or litigated claim by paying to the Ceding Company the Reinsurer’s 's proportionate share of the claim as if there had been no controversy. Upon such discharge, the Reinsurer shall not be liable for any portion of any "routine expenses" or "non-routine expenses," as defined in Section 12.0812.08 below, incurred with respect to such claim, nor shall the Reinsurer share in any reduced settlement. b) After consultation with the Ceding Company, the Reinsurer agrees to pay its share based on the results of the contest, compromise or litigation (agreement to be communicated by the Reinsurer to the Ceding Company in writing). The Ceding Company will pay its share of all "routine expenses" and the Reinsurer will pay its share of all “routine expenses” and “"non-routine expenses," as defined in Section 12.0812.08 below, of the contest, compromise or litigation.

Appears in 1 contract

Samples: Yrt Agreement (Sentry Variable Life Account I)

Contest, Compromise or Litigation. The Ceding Company shall promptly notify the Reinsurer in writing of the Ceding Company’s 's intention to contest, compromise or litigate a claim. The Ceding Company shall provide the Reinsurer with all papers and the Reinsurer shall have an opportunity to review the papers. Within fifteen (15) working calendar days after receipt of all the necessary papers, the Reinsurer shall have the following options: a) Decline to participate in the contest, compromise or of litigation of the claim. The Reinsurer shall thereafter discharge its liability with respect to any contested, compromised or litigated claim by paying to the Ceding Company the Reinsurer’s 's proportionate share of the claim as if there had been no controversy. Upon such discharge, the Reinsurer shall not be liable for any portion of any "routine expenses" or "non-routine expenses," as defined in Section 12.0812.07 below, incurred with respect to such claim, nor shall the Reinsurer share in any reduced settlement. b) After consultation with the Ceding Company, the Reinsurer agrees to pay its share based on the results of the contest, compromise or litigation (agreement to be communicated by the Reinsurer to the Ceding Company in writing). The Reinsurer will pay its share of all "routine expenses" and "non-routine expenses," as defined in Section 12.0812.07 below, of the contest, compromise or litigation.

Appears in 1 contract

Samples: Yrt Agreement (Nationwide Provident Vli Separate Account A)

Contest, Compromise or Litigation. The Ceding Company shall promptly notify the Reinsurer in writing of the Ceding Company’s 's intention to contest, compromise or litigate a claim. The Ceding Company shall provide the Reinsurer with all papers and the Reinsurer shall have an opportunity to review the papers. Within fifteen (15) working days after receipt of all the necessary papers, the Reinsurer shall have the following options: a) Decline to participate in the contest, compromise or litigation of the claim. The Reinsurer shall thereafter discharge its liability with respect to any contested, compromised or litigated claim by paying to the Ceding Company the Reinsurer’s 's proportionate share of the claim as if there had been no controversy. Upon such discharge, the Reinsurer shall not be liable for any portion of any "routine expenses" or "non-routine expenses," as defined in Section 12.0812.08 below, incurred with respect to such claim, nor shall the Reinsurer share in any reduced settlement. b) After consultation with the Ceding Company, the Reinsurer agrees to pay its share based on the results of the contest, compromise or litigation (agreement to be communicated by the Reinsurer to the Ceding Company in writing). The Reinsurer will pay its share of all "routine expenses" and "non-routine expenses," as defined in Section 12.0812.08 below, of the contest, compromise or litigationlitigation .

Appears in 1 contract

Samples: Assignment, Transfer and Novation Agreement (Ameritas Variable Separate Account V)

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Contest, Compromise or Litigation. The Ceding Company shall promptly notify the Reinsurer in writing of the Ceding Company’s 's intention to contest, compromise or litigate a claim. The Ceding Company shall provide the Reinsurer with all papers and the Reinsurer shall have an opportunity to review the papers. Within fifteen (15) working calendar days after receipt of all the necessary papers, the Reinsurer shall have the following options: a) Decline to participate in the contest, compromise or litigation of the claim. The Reinsurer shall thereafter discharge its liability with respect to any contested, compromised or litigated claim by paying to the Ceding Company the Reinsurer’s 's proportionate share of the claim as if there had been no controversy. Upon such discharge, the Reinsurer shall not be liable for any portion of any "routine expenses" or "non-routine expenses," as defined in Section 12.0811.07 below, incurred with respect to such claim, nor shall the Reinsurer share in any reduced settlement. b) After consultation with the Ceding Company, the Reinsurer agrees to pay its share based on the results of the contest, compromise or litigation (agreement to be communicated by the Reinsurer to the Ceding Company in writing). The Reinsurer will pay its share of all "routine expenses" and "non-routine expenses," as defined in Section 12.0811.07 below, of the contest, compromise or litigation.

Appears in 1 contract

Samples: Yrt Agreement (Nationwide Provident Vli Separate Account 1)

Contest, Compromise or Litigation. The Ceding Company shall promptly notify the Reinsurer in writing of the Ceding Company’s 's intention to contest, compromise or litigate a claim. The Ceding Company shall provide the Reinsurer with all papers and the Reinsurer shall have an opportunity to review the papers. Within fifteen (15) working calendar days after receipt of all the necessary papers, the Reinsurer shall have the following options: a) Decline to participate in the contest, compromise or litigation of the claim. The Reinsurer shall thereafter discharge its liability with respect to any contested, compromised or litigated claim by paying to the Ceding Company the Reinsurer’s 's proportionate share of the claim as if there had been no controversy. Upon such discharge, the Reinsurer shall not be liable for any portion of any "routine expenses" or "non-routine expenses," as defined in Section 12.0811.07 below, incurred with respect to such claim, nor shall the Reinsurer share in any reduced settlement. b) After consultation with the Ceding Company, the Reinsurer agrees to pay its share based on the results of the contest, compromise or litigation (agreement to be communicated by the Reinsurer to the Ceding Company in writing). The Reinsurer will pay its share of all "routine expenses" and "non-routine expenses," as defined in Section 12.0811.07 below, of the contest, compromise or litigation.

Appears in 1 contract

Samples: Yrt Agreement (Nationwide Provident Vli Separate Account A)

Contest, Compromise or Litigation. The Ceding Company shall promptly notify the Reinsurer in writing of the Ceding Company’s intention to contest, compromise or litigate a claim. The Ceding Company shall provide the Reinsurer with all papers information and the Reinsurer shall have an opportunity to review the paperssuch information. Within fifteen (15) working days after receipt of all the necessary papersinformation, the Reinsurer shall have the following options: a) Decline to participate in the contest, compromise or litigation of the claim. The Reinsurer shall thereafter discharge its liability with respect to any contested, compromised or litigated claim by paying to the Ceding Company the Reinsurer’s proportionate share of the claim as if there had been no controversy. Upon such discharge, the Reinsurer shall not be liable for any portion of any “routine expenses” or “non-routine expenses,” claim expenses as defined described in Section 12.08, incurred with respect to such claim, nor shall the Reinsurer share in any reduced settlement. b) After consultation with the Ceding Company, the Reinsurer agrees to pay its share based on the results of the contest, compromise or litigation (agreement to be communicated by the Reinsurer to the Ceding Company in writing). The Reinsurer will pay its share of all “routine expenses” and “non-routine expenses,” reasonable claim expenses as defined described in Section 12.08, of the contest, compromise or litigation.

Appears in 1 contract

Samples: Coinsurance Agreement (Thrivent Variable Life Account I)

Contest, Compromise or Litigation. The Ceding Company shall promptly notify the Reinsurer in writing of the Ceding Company’s 's intention to contest, compromise or litigate a claim. The Ceding Company shall provide the Reinsurer with all papers and the Reinsurer shall have an opportunity to review the papers. Within fifteen (15) working calendar days after receipt of all the necessary papers, the Reinsurer shall have the following options: a) Decline to participate in the contest, compromise or litigation of the claim. The Reinsurer shall thereafter discharge its liability with respect to any contested, compromised or litigated claim by paying to the Ceding Company the Reinsurer’s 's proportionate share of the claim as if there had been no controversy. Upon such discharge, the Reinsurer shall not be liable for any portion of any "routine expenses" or "non-routine expenses," as defined in Section 12.0812.07 below, incurred with respect to such claim, nor shall the Reinsurer share in any reduced settlement. b) After consultation with the Ceding Company, the Reinsurer agrees to pay its share based on the results of the contest, compromise or litigation (agreement to be communicated by the Reinsurer to the Ceding Company in writing). The Reinsurer will pay its share of all "routine expenses" and "non-routine expenses," as defined in Section 12.0812.07 below, of the contest, compromise or litigation.

Appears in 1 contract

Samples: Yrt Agreement (Nationwide Provident Vli Separate Account 1)

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