Credit for Reinsurance. A. The parties intend that credit for reinsurance ceded under this Agreement shall be allowed the Ceding Company in its statutory financial statements filed in all jurisdictions in which the Ceding Company is licensed, accredited or otherwise authorized to transact business ("Credit"). The Reinsurer represents to the Ceding Company that it is properly licensed or accredited in all such jurisdictions except the state of New York and shall notify the Ceding Company immediately upon any change in or loss of such licensing or accreditation in accordance with Article XXIV. B. In order for credit for reinsurance ceded under this Agreement to be allowed the Ceding Company in its statutory financial statements filed in the state of New York, the Reinsurer shall establish and maintain security at least equal to the Security Amount, at its sole expense, on a quarterly basis. Such security will be provided in the form of a clean, irrevocable letter of credit acceptable under Article XXVI and the insurance laws and regulations of New York Insurance Regulation 133. C. The parties shall use best efforts to ensure that Credit shall remain available to the Ceding Company throughout the duration of this Agreement. D. For purposes of this Article XXV, Security Amount mean amounts for policy reserves, reserves for claims and losses incurred (including losses incurred but not reported), loss adjustment expenses, unearned premiums and reinsurance recoverables on paid and unpaid losses. The Ceding Company shall calculate the Security Amount in accordance with the valuation laws, regulations and actuarial guidelines to which the Ceding Company is subject on each valuation date. E. If the Reinsurer fails to establish or maintain security as set forth above, the Ceding Company may recapture the reinsurance ceded under this Agreement without fee. However, recapture shall not be construed as the sole remedy available to the Ceding Company. Single Life Term YRT Treaty -- Effective 10/15/1999 Between HLIC and SCOR Life US Amendment 6 -- Effective 01/01/2007
Appears in 2 contracts
Samples: Reinsurance Agreement (Separate Account Vl I of Hartford Life Insurance Co), Reinsurance Agreement (Hartford Life & Annuity Insurance Co Sep Account Vl I)
Credit for Reinsurance. A. The parties intend that Section 9.01 Notwithstanding anything herein to the contrary, in order to offset the loss of credit for reinsurance ceded hereunder due to any participant’s non-admitted status, each assuming company shall be required to provide secure collateral that conforms to the regulatory requirements pertaining to the ceding company’s state of domicile, unless such non-admitted participant is recognized as an accredited reinsurer under applicable law.
Section 9.02 The amount of premiums or other security held by each company which are no longer needed to offset such loss of reinsurance credit shall be returned as soon as practical. All net investment income earned on securities so deposited shall be retained by the owner of such security.
Section 9.03 The security required by Section 9.01 may be in the form of (i) cash;(ii) securities readily marketable over a national exchange, listed by the Securities Valuation Office of the NAIC and qualifying as admitted assets; or (iii) any other form of security acceptable to the regulatory authority of the ceding company’s state of domicile. Any security pledged to support credit for reinsurance taken by the ceding company may be held directly by the ceding company under a funds withheld arrangement or in trust for the ceding company held in a qualified United States financial institution.
Section 9.04 In the event a letter of credit is utilized to secure credit for reinsurance, the assuming company shall provide the ceding company with clean, irrevocable and unconditional letters of credit issued by a qualified U.S. financial institution in an amount which, when added to other forms of security that have been pledged, equals the amount of reserve credit properly taken by the ceding company pursuant to this Agreement. The letter of credit provided by the assuming company may be drawn upon at any time, notwithstanding any other provisions in this Agreement, and shall be utilized by the ceding company or its successors in interest for one or more of the following:
a. to reimburse the ceding company for the assuming company’s share of premiums returned to the owners of policies reinsured under this Agreement shall be allowed the Ceding Company in its statutory financial statements filed in all jurisdictions in which the Ceding Company is licensed, accredited or otherwise authorized to transact business ("Credit"). The Reinsurer represents to the Ceding Company that it is properly licensed or accredited in all such jurisdictions except the state on account of New York and shall notify the Ceding Company immediately upon any change in or loss cancellations of such licensing or accreditation in accordance with Article XXIV.policies;
B. In order b. to reimburse the ceding company for credit for reinsurance ceded the assuming company’s share of claims paid by the ceding company under this Agreement to be allowed the Ceding Company in its statutory financial statements filed terms and provisions of the policies reinsured;
c. in the state event of New Yorknotice of non-renewal of the letter of credit, to fund an account with the Reinsurer shall establish and maintain security ceding company in an amount at least equal to the Security Amountdeduction, at its sole expensefor reinsurance ceded, on a quarterly basis. Such security will be provided in from the form of a cleanceding company’s liabilities for policies ceded under this Agreement (such amount shall include, irrevocable letter of credit acceptable under Article XXVI and the insurance laws and regulations of New York Insurance Regulation 133.
C. The parties shall use best efforts to ensure that Credit shall remain available to the Ceding Company throughout the duration of this Agreement.
D. For purposes of this Article XXVbut not limited to, Security Amount mean amounts for policy reservesunearned premiums, outstanding claim and claim adjustment expense reserves for and claims and losses incurred (including losses incurred but not reported), loss adjustment expenses, unearned premiums and reinsurance recoverables ; and
d. to pay any other amount due to ceding company under this Agreement. All the provisions stated above in this paragraph shall be applied without diminution because of the insolvency on paid and unpaid lossesthe part of the ceding company or assuming company.
Section 9.05 All trust agreements referred to above in Section 9.03 shall comply with the regulatory requirements of the ceding company’s state of domicile. The Ceding Company assuming company shall calculate establish a trust account for the Security Amount benefit of the ceding company for the deposit of amounts which, together with other forms of security that have been pledged, equals the amount of reserve credit properly taken by the ceding company pursuant to this Agreement. All assets deposited in accordance the trust account shall be valued, according to their current fair market values, and shall consist only of cash, certificates of deposit issued by a U.S. bank, and/or investments of the types permitted by applicable law, provided that such investments are issued by an institution that is not the parent, subsidiary, or affiliate of either the assuming company or ceding company. All settlements of accounts between the ceding company and the assuming company shall be made in cash or its equivalent.
Section 9.06 The assuming company and the ceding company agree that the assets in the trust account may be withdrawn by the ceding company at any time, notwithstanding any other provisions in this agreement, and shall be utilized and applied by the ceding company or its successors in interest, without diminution because of insolvency on the part of the ceding company or the assuming company, only for the following purposes:
a. to reimburse the ceding company for the assuming company’s share of premiums returned to the owners of policies reinsured under the reinsurance agreement on account of cancellations of such policies;
b. to reimburse the ceding company for the assuming company’s share of claims paid by the ceding company under the terms and provisions of the policies reinsured;
c. in the event of notice of termination of the trust, to fund an account with the valuation lawsceding company in an amount at least equal to the deduction, regulations and actuarial guidelines to which for reinsurance ceded, from the Ceding Company is subject on each valuation date.
E. If the Reinsurer fails to establish or maintain security as set forth above, the Ceding Company may recapture the reinsurance ceding company’s liabilities for policies ceded under the agreement (such amount shall include, but not limited to, amounts for unearned premiums, outstanding claim and claim adjustment expense reserves and claims incurred but not reported); and
d. to pay any other amount due to ceding insurer under this Agreement without fee. However, recapture shall not be construed as the sole remedy available to the Ceding Company. Single Life Term YRT Treaty -- Effective 10/15/1999 Between HLIC and SCOR Life US Amendment 6 -- Effective 01/01/2007agreement.
Appears in 1 contract
Samples: Quota Share Reinsurance Treaty (Hallmark Financial Services Inc)
Credit for Reinsurance. A. The parties intend Section 4.1 Ceding Company shall establish and maintain proper reserves for the Insurance Policies (i) in accordance with the statutory accounting principles and practices applicable to Ceding Company, (ii) based on Ceding Company’s X factors (if applicable), and (iii) without regard for any additional or conflicting reserve requirements that may be applicable to Reinsurer. At Ceding Company’s request, Reinsurer will provide Ceding Company with a letter, satisfactory to Ceding Company, verifying that the amount of reserves held by Reinsurer for business reinsured under this Agreement mirrors the reserve credit taken by Ceding Company for the same business.
Section 4.2 If Reinsurer is unlicensed, unaccredited and unauthorized to transact insurance or reinsurance in Ceding Company’s state of domicile as of the date of Ceding Company’s statutory financial statement filed in such jurisdiction, and as a result Ceding Company would be unable to receive full statutory accounting credit in such jurisdiction for reinsurance ceded hereunder to Reinsurer, Reinsurer shall provide Ceding Company with irrevocable letters of credit, assets in trust, or other forms of collateral agreeable to both Parties, which agreement shall not be unreasonably withheld, that will allow Ceding Company to take full statutory reserve credit for reinsurance ceded under this Agreement (such amount shall include, but not be allowed the Ceding Company in its statutory financial statements filed in all jurisdictions in which the Ceding Company is licensedlimited to, accredited or otherwise authorized to transact business ("Credit"). The Reinsurer represents to the Ceding Company that it is properly licensed or accredited in all such jurisdictions except the state of New York and shall notify the Ceding Company immediately upon any change in or loss of such licensing or accreditation in accordance with Article XXIV.
B. In order for credit for reinsurance ceded under this Agreement to be allowed the Ceding Company in its statutory financial statements filed in the state of New York, the Reinsurer shall establish and maintain security at least equal to the Security Amount, at its sole expense, on a quarterly basis. Such security will be provided in the form of a clean, irrevocable letter of credit acceptable under Article XXVI and the insurance laws and regulations of New York Insurance Regulation 133.
C. The parties shall use best efforts to ensure that Credit shall remain available to the Ceding Company throughout the duration of this Agreement.
D. For purposes of this Article XXV, Security Amount mean amounts for policy reserves, reserves for claims and losses incurred (including losses incurred but and unearned premium reserves). Reinsurer will bear all costs related to the letters of credit, trust or other forms of collateral.
Section 4.3 In addition, if Reinsurer is not reported)licensed, loss adjustment expenses, unearned premiums and accredited or authorized to transact insurance or reinsurance recoverables on paid and unpaid losses. The in any jurisdiction where Ceding Company is licensed to transact insurance business, Reinsurer agrees:
(a) That, in the event of the failure of Reinsurer to perform its obligations under the terms of this Agreement, Reinsurer, at the request of Ceding Company, shall calculate submit to the Security Amount jurisdiction of any court of competent jurisdiction in Ceding Company’s state of domicile, will comply with all requirements necessary to give the court jurisdiction, and will abide by the final decision of the court or of any appellate court in the event of an appeal; and
(b) To designate the commissioner or a designated attorney in Ceding Company’s state of domicile as its true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of Ceding Company. This provision is not intended to conflict with or override the obligation of Ceding Company and Reinsurer to arbitrate any disputes in accordance with the valuation laws, regulations and actuarial guidelines to which the Ceding Company is subject on each valuation dateterms of this Agreement.
E. If the Reinsurer fails to establish or maintain security as set forth above, the Ceding Company may recapture the reinsurance ceded under this Agreement without fee. However, recapture shall not be construed as the sole remedy available to the Ceding Company. Single Life Term YRT Treaty -- Effective 10/15/1999 Between HLIC and SCOR Life US Amendment 6 -- Effective 01/01/2007
Appears in 1 contract
Samples: Reinsurance Agreement (Protective Variable Life Separate Account)
Credit for Reinsurance. A. 7.01 The parties Parties intend that the Ceding Company will be entitled to take full statutory credit for reinsurance ceded provided under this Agreement shall be allowed the Ceding Company in its statutory financial statements filed in all jurisdictions in which where the Ceding Company is licensed, accredited or otherwise authorized licensed to transact insurance business as of the Effective Date ("Credit"). The Reinsurer represents to the Ceding Company that it the Reinsurer is properly licensed or accredited in all such jurisdictions except the state of New York and shall notify so that the Ceding Company immediately upon any change in or loss may claim such Credit, and subject to the provisions of such licensing or accreditation in accordance with this Article XXIV.
B. In order for credit for reinsurance ceded under this Agreement to be allowed the Ceding Company in its statutory financial statements filed in the state of New York7, the Reinsurer shall establish and maintain security at least equal Parties agree to the Security Amount, at its sole expense, on a quarterly basis. Such security will be provided in the form of a clean, irrevocable letter of credit acceptable under Article XXVI and the insurance laws and regulations of New York Insurance Regulation 133.
C. The parties shall use best efforts to ensure that such Credit shall will remain available to the Ceding Company throughout during the duration of this Agreement.
D. For purposes 7.02 If the Ceding Company believes in good faith it may not be entitled to claim Credit, as described above, in total or in part, due to a change in law or regulation, or due to a change in the interpretation or application of existing law or regulation by a regulator (hereinafter an "Uncontrollable Reserve Credit Event"), or due to a failure by the Reinsurer to maintain in effect a required license or accreditation in any of the jurisdictions in which the Ceding Company is licensed to transact insurance business (hereinafter a "Controllable Reserve Credit Event"), then, subject to the Reinsurer's rights to cure as defined in this Article, the Parties will take the steps specified below in this Article.
7.03 The Party who first becomes aware of such event will provide prompt notice to the other Party of the occurrence of either an Uncontrollable Reserve Credit Event or a Controllable Reserve Credit Event (hereinafter collectively "Reserve Credit Event").
7.04 Within fifteen (15) days of delivery of (if the delivering Party) or receipt of (if the receiving Party) such notice, the Reinsurer shall propose to the Ceding Company a cure to the Reserve Credit Event in a manner that eliminates the need for or enables the Ceding Company to continue to receive Credit. The Ceding Company will not deny any of the cure proposals put forth in Paragraphs a or b below as long as such cure does not require the payment of any United States tax:
a. Reinsurer establishing collateral, the form of which may be a letter of credit, funds withheld, assets in trust or some combination of the three provided such collateral meets all applicable laws and regulations regarding the Ceding Company's ability to take Credit, amending this Agreement accordingly and entering into additional agreements as necessary; or
b. Transferring the reinsurance provided under this Agreement to another reinsurer by novation of this Agreement, provided that the alternative reinsurer meets the Ceding Company's established reinsurer credit criteria in place at the time of the transfer and that the alternative reinsurer accepts transfer by novation of this Agreement (and all amendments thereto) without any material modification to the substantive terms of the Agreement. Notwithstanding Article XXV10, Security Amount mean amounts if the Reinsurer novates this Agreement Principal First Reinsurance Agreement Between Hartford Life Insurance Company and Swiss Re Life & Health America Inc. Effective July 24, 2008 to an entity that is not subject to United States taxation, the joint DAC election under Article 10 shall be invalid for policy reservesconsideration received after the date of novation. Notwithstanding the foregoing, reserves for claims and losses incurred (the Reinsurer may propose an alternative cure, including losses incurred but not reported)amending this Agreement, loss adjustment expenses, unearned premiums and reinsurance recoverables on paid and unpaid lossesunder which Credit shall be allowed the Ceding Company. The Ceding Company shall calculate approve or deny the Security Amount Reinsurer's alternative cure at its sole discretion provided any such approval is not unreasonably withheld.
7.05 If the Reinsurer cannot cure an Uncontrollable Reserve Credit Event, as set forth above, but such Uncontrollable Reserve Credit Event can be cured by the posting of collateral, within fifteen (15) days the Reinsurer shall establish and maintain collateral, either a trust or a letter of credit, in accordance with the valuation laws, regulations a form which meets all applicable standards of law and actuarial guidelines regulation to which enable the Ceding Company is subject on each valuation dateto claim Credit during the pendency of the Reserve Credit Event. The Parties agree that in such an event, the cost of establishing and maintaining the collateral will be shared equally by the Ceding Company and the Reinsurer. Collateral established pursuant to this Section shall reduce, dollar for dollar, the collateral required pursuant to Article 23.
E. 7.06 If the Reinsurer cannot cure a Controllable Reserve Credit Event, as set forth above, but such Controllable Reserve Credit Event can be cured by the posting of collateral, within fifteen (15) days the Reinsurer shall establish and maintain collateral, either a trust or a letter of credit, in a form which meets all applicable standards of law and regulation to enable the Ceding Company to claim Credit during the pendency of the Reserve Credit Event. The Parties agree that in such an event, the cost of establishing and maintaining the collateral will be borne entirely by the Reinsurer. Collateral established pursuant to this Section shall reduce, dollar for dollar, the collateral required pursuant to Article 23.
7.07 If a Reserve Credit Event is not cured or the Reinsurer fails to establish or maintain security collateral as set forth above, then the Ceding Company may recapture the reinsurance ceded Business Reinsured under this Agreement without fee. However, recapture shall not be construed as in accordance with the sole remedy available to the Ceding Company. Single Life Term YRT Treaty -- Effective 10/15/1999 Between HLIC and SCOR Life US Amendment 6 -- Effective 01/01/2007terms of Article 9 hereof.
Appears in 1 contract
Samples: Reinsurance Agreement (Hartford Life & Annuity Insurance Co Separate Account Seven)
Credit for Reinsurance. A. The parties intend (a) As regards contracts and policies or bonds issued by the Reinsured coming within the scope of this Agreement, the Reinsured agrees that credit when it shall file with the insurance regulatory authority or set up on its books, reserves for reinsurance ceded under this Agreement losses covered hereunder which it shall be allowed the Ceding Company in its statutory financial statements filed in all jurisdictions in which the Ceding Company is licensedrequired by law to set up, accredited or otherwise authorized to transact business ("Credit"). The Reinsurer represents it will forward to the Ceding Company that it is properly licensed Reinsurer a statement showing reserves ceded to the Reinsurer. Within fifteen (15) days of its receipt of an Annual Report or accredited in all such jurisdictions except the state of New York and shall notify the Ceding Company immediately upon any change in or loss of such licensing or accreditation in accordance with Article XXIV.
B. In order for credit for reinsurance ceded under this Agreement to be allowed the Ceding Company in its statutory financial statements filed in the state of New Yorka Quarterly Report, the Reinsurer shall establish hereby agrees that it will apply for and maintain security at least equal secure delivery to the Security Amount, at its sole expense, on a quarterly basis. Such security will be provided in the form Reinsured of a clean, irrevocable letter and unconditional Letter of credit Credit, issued by a qualified bank acceptable under to insurance regulatory authorities having jurisdiction over the Reinsured, or establish a Trust Account for the benefit of the Reinsured, in each case containing provisions acceptable to the insurance regulatory authorities having jurisdiction over the Reinsured in an amount equal to the Aggregate Ultimate Net Losses including IBNR ceded to the Reinsurer, as shown in the statement prepared by the Reinsured (hereinafter referred to as "Reinsurer's Obligations").
(b) If a Letter of Credit is to be used to satisfy the requirements of this Article XXVI VII, the Letter of Credit shall be issued for a period of not less than one year, and shall be automatically extended for one year from its date of expiration or any future expiration date. The Letter of Credit shall remain in effect to the extent necessary to fulfill the Reinsurer's Obligations as described in paragraph (a) above; however, Reinsurer may substitute a Letter of Credit from a new qualified bank if, thirty (30) days prior to any expiration date, the issuing bank shall notify the Reinsured by certified or registered mail that the issuing bank elects not to consider the Letter of Credit extended for any additional period and the insurance laws and regulations new qualified bank simultaneously confirms that it will issue a Letter of New York Insurance Regulation 133Credit under the same terms upon expiration of the existing Letter of Credit.
C. (c) The parties Reinsurer and Reinsured agree that the Letters of Credit or Trust Account provided by the Reinsurer pursuant to the provisions of this Agreement may be drawn upon at any time, and be utilized by the Reinsured or any successor of the Reinsured including, without limitation, any liquidator, rehabilitator, receiver or conservator of the Reinsured. Notwithstanding the unconditional nature of the obligation represented by the Letter of Credit or the Trust Account, the Reinsurer and the Reinsured agree that the Letter of Credit or Trust Account proceeds be used only as follows:
(i) to reimburse the Reinsured for the Reinsurer's Obligations, the payment of which is due under the terms of this Agreement and which has not been otherwise paid;
(ii) to make refund of any sum which is in excess of the actual amount required to pay the Reinsurer's Obligations under this Agreement; and
(iii) to fund an account with the Reinsured for the Reinsurer's Obligations. Such cash deposit shall use best efforts be held in an interest bearing account separate from the Reinsured's other assets, and interest thereon not in excess of the prime rate shall accrue to the benefit of the Reinsurer.
(d) With respect to the Reinsurer's Obligations, to the extent that any special security deposits are required of the Reinsured to be maintained with state insurance regulatory authorities under the laws of any jurisdiction in which the Reinsured is licensed to issue contracts and policies or bonds, the Reinsurer shall provide, at the expense of the Reinsurer, a Letter of Credit to or a Trust Account deposit for the benefit of the state insurance regulatory authorities in an amount equal to such special security deposit requirement ("Special Deposit Requirement"). Upon notification by the Reinsured that such Special Deposit Requirement exists, the Reinsurer shall promptly establish such special security deposit and provide evidence on the date of such establishment and within forty-five (45) days of the expiration of each calendar quarter thereafter that the Reinsurer or an affiliate of the Reinsurer has satisfied such Special Deposit Requirement. In addition, upon establishing the security deposit, the Reinsurer shall provide written confirmation that the insurance regulatory authority has accepted such security deposit in lieu of the Reinsured providing such security deposit. In the event that any insurance regulatory authority denies or rejects any such security deposit, the Reinsured shall have the right to immediately draw down the Letter of Credit held by the Reinsured or Trust Account established for the benefit of the Reinsured, issued in each case pursuant to Article VII (a)-(c) above for the purpose of satisfying such Special Deposit Requirement. The Reinsurer shall immediately thereafter replace the Letter of Credit or Trust Account to secure the entirety of Reinsurer's Obligations without diminution for the funding of the Special Deposit Requirement, if required by the applicable insurance regulatory authority.
(e) In the event the amount drawn by the Reinsured or any insurance regulatory authority on any Letter of Credit or Trust Account is in excess of the actual amount of the Reinsurer's Obligations, the Reinsured shall be deemed to be holding such funds in trust for the benefit of the Reinsurer and shall promptly return to the Reinsurer the excess amount so drawn. All of the foregoing shall be applied without diminution because of insolvency on the part of the Reinsured or the Reinsurer.
(f) The issuing or trustee bank shall have no responsibility whatsoever in connection with the priority of withdrawals made by the Reinsured or the disposition of funds withdrawn, except to ensure that withdrawals are made only upon the order of properly authorized representatives of the Reinsured.
(g) At annual intervals, or more frequently as agreed but never more frequently than semi-annually, the Reinsured shall prepare a specific statement of the Reinsurer's Obligations, for the sole purpose of amending the Letter of Credit shall remain available or adjusting the Trust Account balance, in the following manner:
(i) If the statement shows that the cumulative balance of the Reinsurer's Obligations and any Special Deposit Requirement exceed the balance of the Letter of Credit or market value of the eligible assets held in the Trust Account as of the statement date, the Reinsurer shall, within thirty (30) days after receipt of notice of such excess, secure delivery to the Ceding Company throughout Reinsured of an amendment to the duration Letter of this AgreementCredit increasing the amount of credit by the amount of such difference or add eligible assets to the Trust Account with a market value equal to such difference.
D. For purposes of this Article XXV(ii) If, Security Amount mean amounts for policy reserves, reserves for claims and losses incurred (including losses incurred but not reported), loss adjustment expenses, unearned premiums and reinsurance recoverables on paid and unpaid losses. The Ceding Company shall calculate the Security Amount in accordance with the valuation laws, regulations and actuarial guidelines to which the Ceding Company is subject on each valuation date.
E. If the Reinsurer fails to establish or maintain security as set forth abovehowever, the Ceding Company may recapture statement shows that the reinsurance ceded under this Agreement without fee. HoweverReinsurer's Obligations and any Special Deposit Requirement are less than the balance of the Letter of Credit or market value of the eligible assets held in the Trust Account as of the statement date, recapture shall not be construed as the sole remedy available Reinsured shall, within thirty (30) days after receipt of written request from the Reinsurer, release such excess credit or excess assets by agreement to secure an amendment to the Ceding Company. Single Life Term YRT Treaty -- Effective 10/15/1999 Between HLIC Letter of Credit reducing the amount of credit available by the amount of such excess credit or withdraw assets from the Trust Account with such excess value and SCOR Life US Amendment 6 -- Effective 01/01/2007deliver them to the Reinsurer.
Appears in 1 contract
Samples: Reinsurance Agreement (Superior National Insurance Group Inc)
Credit for Reinsurance. A. The parties intend that Reinsurer shall hold and maintain all licenses and authorizations required by applicable Law and the Reinsurer shall take all actions (including the posting of letters of credit for reinsurance ceded or other acceptable security) necessary under this Agreement shall be allowed applicable Law of the jurisdiction of domicile of the Ceding Company in its statutory financial statements filed in all jurisdictions in which to permit the Ceding Company is licensedto obtain full financial statement credit in such jurisdiction for the reinsurance provided by this Agreement. The form of any collateral, accredited if required to be provided by the Reinsurer to obtain such credit, shall be at the sole cost and expense of the Reinsurer or otherwise authorized to transact business ("Credit")its Affiliates. The Reinsurer represents to the Ceding Company that it is properly licensed or accredited in all such jurisdictions except the state of New York and shall notify the Ceding Company immediately upon as soon as practicable but in any change in or event within five (5) Business Days of any loss of license or authorization or other matter that may affect the ability of the Ceding Company to obtain full credit for the reinsurance being provided under this Agreement. In such licensing event, the Reinsurer shall have fifteen (15) days to cure any such insufficiency; provided, however, that if the end of a calendar quarter would fall in such fifteen (15)-day period, such fifteen (15)-day period shall be shortened to the extent necessary to end on the Business Day prior to such quarter end. The Reinsurer shall take all actions necessary under applicable Law to permit the Ceding Company to maintain (or accreditation reobtain in accordance with Article XXIVthe case of any loss) full financial statement credit in all applicable jurisdictions for the reinsurance provided by this Agreement.
B. In order It is understood and agreed that any term or condition required by such applicable Law to be included in this Agreement for the Ceding Company to receive financial statement credit for the reinsurance provided by this Agreement shall be deemed to be incorporated in this Agreement by reference. Furthermore, the Reinsurer and the Ceding Company agree to amend this Agreement or the applicable Trust Agreement, or enter into other agreements or execute additional documents as needed to comply with the credit for reinsurance laws and regulations or the requirements of the applicable Governmental Authorities in the jurisdiction of domicile of the Ceding Company.
C. Notwithstanding anything contained in this Article XXI to the contrary, in the event that (i) there is a repeal of or amendment to the provisions of the Xxxx–Xxxxx Xxxx Street Reform and Consumer Protection Act (Pub.L. 111-203, H.R. 4173) that would authorize a Governmental Authority in any jurisdiction of the United States where the Ceding Company is licensed to transact business to apply the applicable rules for credit for reinsurance ceded under this Agreement to be allowed the Ceding Company in its statutory financial statements filed in the state of New York, the Reinsurer shall establish and maintain security at least equal to the Security Amount, at its sole expense, on a quarterly basis. Such security will be provided in the form of a clean, irrevocable letter of credit acceptable under Article XXVI and the insurance laws and regulations of New York Insurance Regulation 133.
C. The parties shall use best efforts to ensure that Credit shall remain available to the Ceding Company throughout the duration of this Agreement.
D. For purposes of this Article XXV, Security Amount mean amounts for policy reserves, reserves for claims and losses incurred (including losses incurred but not reported), loss adjustment expenses, unearned premiums and reinsurance recoverables on paid and unpaid losses. The Ceding Company shall calculate the Security Amount in accordance with the valuation laws, regulations and actuarial guidelines to which the Ceding Company is subject on each valuation date.
E. If the Reinsurer fails to establish or maintain security as set forth above, the Ceding Company may recapture the reinsurance ceded under this Agreement without fee. However, recapture shall not be construed as the sole remedy available such jurisdiction to the Ceding Company. Single Life Term YRT Treaty -- Effective 10/15/1999 Between HLIC , and SCOR Life US Amendment 6 -- Effective 01/01/2007(ii) the Ceding Company reasonably determines that it is obligated under applicable Law to comply with such rules in order to receive financial statement credit in any such jurisdiction, then Articles XXI(A) and (B) shall automatically be deemed to be amended without any action by the Parties to require that the Reinsurer shall take all steps necessary so as to enable the Ceding Company to obtain full financial statement credit for the reinsurance provided by this Agreement in any such jurisdiction in addition to its jurisdiction of domicile.
Appears in 1 contract
Samples: Master Transaction Agreement (National General Holdings Corp.)
Credit for Reinsurance. A. 7.01 The parties Parties intend that the Ceding Company will be entitled to take full statutory credit for reinsurance ceded provided under this Agreement shall be allowed the Ceding Company in its statutory financial statements filed in all jurisdictions in which where the Ceding Company is licensed, accredited or otherwise authorized licensed to transact insurance business as of the Effective Date ("Credit"). The Reinsurer represents to the Ceding Company that it the Reinsurer is properly licensed or accredited in all such jurisdictions except the state of New York and shall notify so that the Ceding Company immediately upon any change in or loss may claim such Credit, and subject to the provisions of such licensing or accreditation in accordance with this Article XXIV.
B. In order for credit for reinsurance ceded under this Agreement to be allowed the Ceding Company in its statutory financial statements filed in the state of New York7, the Reinsurer shall establish and maintain security at least equal Parties agree to the Security Amount, at its sole expense, on a quarterly basis. Such security will be provided in the form of a clean, irrevocable letter of credit acceptable under Article XXVI and the insurance laws and regulations of New York Insurance Regulation 133.
C. The parties shall use best efforts to ensure that such Credit shall will remain available to the Ceding Company throughout during the duration of this Agreement.
D. For purposes 7.02 If the Ceding Company believes in good faith it may not be entitled to claim Credit, as described above, in total or in part, due to a change in law or regulation, or due to a change in the interpretation or application of existing law or regulation by a regulator (hereinafter an "Uncontrollable Reserve Credit Event"), or due to a failure by the Reinsurer to maintain in effect a required license or accreditation in any of the jurisdictions in which the Ceding Company is licensed to transact insurance business (hereinafter a "Controllable Reserve Credit Event"), then, subject to the Reinsurer's rights to cure as defined in this Article, the Parties will take the steps specified below in this Article.
7.03 The Party who first becomes aware of such event will provide prompt notice to the other Party of the occurrence of either an Uncontrollable Reserve Credit Event or a Controllable Reserve Credit Event (hereinafter collectively "Reserve Credit Event").
7.04 Within fifteen (15) days of delivery of (if the delivering Party) or receipt of (if the receiving Party) such notice, the Reinsurer shall propose to the Ceding Company a cure to the Reserve Credit Event In a manner that eliminates the need for or enables the Ceding Company to continue to receive Credit. The Ceding Company will not deny any of the cure proposals put forth in Paragraphs a or b below as long as such cure does not require the payment of any United States tax:
a. Reinsurer establishing collateral, the form of which may be a letter of credit, funds withheld, assets in trust or some combination of the three provided such collateral meets all applicable laws and regulations regarding the Ceding Company's ability to take Credit, amending this Agreement accordingly and entering into additional agreements as necessary; or
b. Transferring the reinsurance provided under this Agreement to another reinsurer by novation of this Agreement, provided that the alternative reinsurer meets the Ceding Company's established reinsurer credit criteria in place at the time of the transfer and that the alternative reinsurer accepts transfer by novation of this Agreement (and all amendments thereto) without any material modification to the substantive terms of the Agreement. Notwithstanding Article XXV10, Security Amount mean amounts if the Reinsurer novates this Agreement Principal First Reinsurance Agreement Between Hartford Life and Annuity Insurance Company and Swiss Re Life & Health America Inc. Effective July 24, 2008 to an entity that is not subject to United States taxation, the joint DAC election under Article 10 shall be invalid for policy reservesconsideration received after the date of novation. Notwithstanding the foregoing, reserves for claims and losses incurred (the Reinsurer may propose an alternative cure, including losses incurred but not reported)amending this Agreement, loss adjustment expenses, unearned premiums and reinsurance recoverables on paid and unpaid lossesunder which Credit shall be allowed the Ceding Company. The Ceding Company shall calculate approve or deny the Security Amount Reinsurer's alternative cure at its sole discretion provided any such approval is not unreasonably withheld.
7.05 If the Reinsurer cannot cure an Uncontrollable Reserve Credit Event, as set forth above, but such Uncontrollable Reserve Credit Event can be cured by the posting of collateral, within fifteen (15) days the Reinsurer shall establish and maintain collateral, either a trust or a letter of credit, in accordance with the valuation laws, regulations a form which meets all applicable standards of law and actuarial guidelines regulation to which enable the Ceding Company is subject on each valuation dateto claim Credit during the pendency of the Reserve Credit Event. The Parties agree that in such an event, the cost of establishing and maintaining the collateral will be shared equally by the Ceding Company and the Reinsurer. Collateral established pursuant to this Section shall reduce, dollar for dollar, the collateral required pursuant to Article 23.
E. 7.06 If the Reinsurer cannot cure a Controllable Reserve Credit Event, as set forth above, but such Controllable Reserve Credit Event can be cured by the posting of collateral, within fifteen (15) days the Reinsurer shall establish and maintain collateral, either a trust or a letter of credit, in a form which meets all applicable standards of law and regulation to enable the Ceding Company to claim Credit during the pendency of the Reserve Credit Event. The Parties agree that in such an event, the cost of establishing and maintaining the collateral will be borne entirely by the Reinsurer. Collateral established pursuant to this Section shall reduce, dollar for dollar, the collateral required pursuant to Article 23.
7.07 If a Reserve Credit Event is not cured or the Reinsurer fails to establish or maintain security collateral as set forth above, then the Ceding Company may recapture the reinsurance ceded Business Reinsured under this Agreement without fee. However, recapture shall not be construed as in accordance with the sole remedy available to the Ceding Company. Single Life Term YRT Treaty -- Effective 10/15/1999 Between HLIC and SCOR Life US Amendment 6 -- Effective 01/01/2007terms of Article 9 hereof.
Appears in 1 contract
Samples: Reinsurance Agreement (Hartford Life & Annuity Insurance Co Separate Account One)
Credit for Reinsurance. A. 7.01 The parties Parties intend that the Ceding Company will be entitled to take full statutory credit for reinsurance ceded provided under this Agreement shall be allowed the Ceding Company in its statutory financial statements filed in all jurisdictions in which where the Ceding Company is licensed, accredited or otherwise authorized licensed to transact insurance business as of the Effective Date ("Credit"). The Reinsurer represents to the Ceding Company that it the Reinsurer is properly licensed or accredited in all such jurisdictions except the state of New York and shall notify so that the Ceding Company immediately upon any change in or loss may claim such Credit, and subject to the provisions of such licensing or accreditation in accordance with this Article XXIV.
B. In order for credit for reinsurance ceded under this Agreement to be allowed the Ceding Company in its statutory financial statements filed in the state of New York7, the Reinsurer shall establish and maintain security at least equal Parties agree to the Security Amount, at its sole expense, on a quarterly basis. Such security will be provided in the form of a clean, irrevocable letter of credit acceptable under Article XXVI and the insurance laws and regulations of New York Insurance Regulation 133.
C. The parties shall use best efforts to ensure that such Credit shall will remain available to the Ceding Company throughout during the duration of this Agreement.
D. For purposes 7.02 If the Ceding Company believes in good faith it may not be entitled to claim Credit, as described above, in total or in part, due to a change in law or regulation, or due to a change in the interpretation or application of existing law or regulation by a regulator (hereinafter an "Uncontrollable Reserve Credit Event"), or due to a failure by the Reinsurer to maintain in effect a required license or accreditation in any of the jurisdictions in which the Ceding Company is licensed to transact insurance business (hereinafter a "Controllable Reserve Credit Event"), then, subject to the Reinsurer's rights to cure as defined in this Article, the Parties will take the steps specified below in this Article.
7.03 The Party who first becomes aware of such event will provide prompt notice to the other Party of the occurrence of either an Uncontrollable Reserve Credit Event or a Controllable Reserve Credit Event (hereinafter collectively "Reserve Credit Event").
7.04 Within fifteen (15) days of delivery of (if the delivering Party) or receipt of (if the receiving Party) such notice, the Reinsurer shall propose to the Ceding Company a cure to the Reserve Credit Event In a manner that eliminates the need for or enables the Ceding Company to continue to receive Credit. The Ceding Company will not deny any of the cure proposals put forth in Paragraphs a or b below as long as such cure does not require the payment of any United States tax:
a. Reinsurer establishing collateral, the form of which may be a letter of credit, funds withheld, assets in trust or some combination of the three provided such collateral meets all applicable laws and regulations regarding the Ceding Company's ability to take Credit, amending this Agreement accordingly and entering into additional agreements as necessary; or
b. Transferring the reinsurance provided under this Agreement to another reinsurer by novation of this Agreement, provided that the alternative reinsurer meets the Ceding Company's established reinsurer credit criteria in place at the time of the transfer and that the alternative reinsurer accepts transfer by novation of this Agreement (and all amendments thereto) without any material modification to the substantive terms of the Agreement. Notwithstanding Article XXV10, Security Amount mean amounts if the Reinsurer novates this Agreement Principal First Reinsurance Agreement Between Hartford Life and Annuity Insurance Company and Swiss Re Life & Health America Inc. Effective July 24, 2008 <Page> to an entity that is not subject to United States taxation, the joint DAC election under Article 10 shall be invalid for policy reservesconsideration received after the date of novation. Notwithstanding the foregoing, reserves for claims and losses incurred (the Reinsurer may propose an alternative cure, including losses incurred but not reported)amending this Agreement, loss adjustment expenses, unearned premiums and reinsurance recoverables on paid and unpaid lossesunder which Credit shall be allowed the Ceding Company. The Ceding Company shall calculate approve or deny the Security Amount Reinsurer's alternative cure at its sole discretion provided any such approval is not unreasonably withheld.
7.05 If the Reinsurer cannot cure an Uncontrollable Reserve Credit Event, as set forth above, but such Uncontrollable Reserve Credit Event can be cured by the posting of collateral, within fifteen (15) days the Reinsurer shall establish and maintain collateral, either a trust or a letter of credit, in accordance with the valuation laws, regulations a form which meets all applicable standards of law and actuarial guidelines regulation to which enable the Ceding Company is subject on each valuation dateto claim Credit during the pendency of the Reserve Credit Event. The Parties agree that in such an event, the cost of establishing and maintaining the collateral will be shared equally by the Ceding Company and the Reinsurer. Collateral established pursuant to this Section shall reduce, dollar for dollar, the collateral required pursuant to Article 23.
E. 7.06 If the Reinsurer cannot cure a Controllable Reserve Credit Event, as set forth above, but such Controllable Reserve Credit Event can be cured by the posting of collateral, within fifteen (15) days the Reinsurer shall establish and maintain collateral, either a trust or a letter of credit, in a form which meets all applicable standards of law and regulation to enable the Ceding Company to claim Credit during the pendency of the Reserve Credit Event. The Parties agree that in such an event, the cost of establishing and maintaining the collateral will be borne entirely by the Reinsurer. Collateral established pursuant to this Section shall reduce, dollar for dollar, the collateral required pursuant to Article 23.
7.07 If a Reserve Credit Event is not cured or the Reinsurer fails to establish or maintain security collateral as set forth above, then the Ceding Company may recapture the reinsurance ceded Business Reinsured under this Agreement without fee. However, recapture shall not be construed as in accordance with the sole remedy available to the Ceding Company. Single Life Term YRT Treaty -- Effective 10/15/1999 Between HLIC and SCOR Life US Amendment 6 -- Effective 01/01/2007terms of Article 9 hereof.
Appears in 1 contract
Samples: Reinsurance Agreement (Talcott Resolution Life & Annuity Insurance Co Separate Account Seven)
Credit for Reinsurance. A. The parties intend (a) At all times during the term of this Agreement, the Reinsurer shall, at its own expense, hold, and maintain all licenses and authorizations required under applicable Law, and shall otherwise take all action necessary to ensure that the Ceding Company shall receive full statutory statement credit for reinsurance ceded under this Agreement shall in the statutory financial statements required to be allowed filed by the Ceding Company under the Laws of and in its statutory financial statements filed the Ceding Company Domiciliary State (“Reserve Credit”) as in all jurisdictions effect as of the Closing Date (and as interpreted by the insurance regulatory authorities in the Ceding Company Domiciliary State as of the Closing Date), which action may include, without limitation, agreeing to reasonable amendments to this Agreement that are needed to comply with the credit for reinsurance Laws in effect in the Ceding Company Domiciliary State as of the Closing Date to permit the Ceding Company to obtain Reserve Credit. In the event of a change in Law in the Ceding Company Domiciliary State after the Closing Date (or a change in the interpretation thereof by the insurance regulatory authorities in the Ceding Company Domiciliary State after the Closing Date) as a result of which the Ceding Company is licensedunable to obtain Reserve Credit (a “Change in Reserve Credit Laws”), accredited or otherwise authorized to transact business ("Credit"). The Reinsurer represents to the Ceding Company that it is properly licensed or accredited in all such jurisdictions except the state of New York and shall promptly notify the Ceding Company immediately upon any Reinsurer in writing within three (3) Business Days of the occurrence of such change, which notice shall describe such change in or loss reasonable detail. Upon receipt of such licensing or accreditation in accordance with Article XXIV.
B. In order for credit for reinsurance ceded under this Agreement to be allowed the Ceding Company in its statutory financial statements filed in the state of New Yorknotice, the Reinsurer shall establish and maintain security at least equal promptly take all commercially reasonable steps as are necessary to permit the Security AmountCeding Company to obtain Reserve Credit, at its sole expense, on including establishing a quarterly basis. Such security will be provided in the form of qualified reinsurance trust or providing a clean, irrevocable letter of credit acceptable or other form of collateral permitted under Article XXVI and applicable Law, it being understood that the insurance laws and regulations of New York Insurance Regulation 133.
C. The parties Reinsurer shall use best efforts have the sole discretion to ensure that Credit shall remain elect among the methods available to it in order to allow the Ceding Company throughout to obtain such Reserve Credit. For the duration avoidance of doubt, a “Change in Reserve Credit Laws” after the Closing Date shall be determined by reference to the laws in the applicable jurisdiction in effect as of the Closing Date regardless of whether such jurisdiction is the Ceding Company Domiciliary State on the Closing Date.
(b) Notwithstanding anything to the contrary in this Agreement, if the Reinsurer becomes a certified reinsurer in the Ceding Company Domiciliary State, or if a Change in Reserve Credit Laws would have the effect of reducing the amount of collateral the Reinsurer is required to provide in order for the Ceding Company to obtain Reserve Credit, then such event or circumstance shall be disregarded for purposes of determining the amount of collateral the Reinsurer is required to provide pursuant to this Agreement.
D. For purposes of this Article XXV, Security Amount mean amounts for policy reserves, reserves for claims and losses incurred (including losses incurred but not reported), loss adjustment expenses, unearned premiums and reinsurance recoverables on paid and unpaid losses. The Ceding Company shall calculate the Security Amount in accordance with the valuation laws, regulations and actuarial guidelines to which the Ceding Company is subject on each valuation date.
E. If the Reinsurer fails to establish or maintain security as set forth above, the Ceding Company may recapture the reinsurance ceded under this Agreement without fee. However, recapture shall not be construed as the sole remedy available to the Ceding Company. Single Life Term YRT Treaty -- Effective 10/15/1999 Between HLIC and SCOR Life US Amendment 6 -- Effective 01/01/2007
Appears in 1 contract
Samples: Funds Withheld Coinsurance Agreement (National Western Life Group, Inc.)
Credit for Reinsurance. A. 7.01 The parties Parties intend that the Ceding Company will be entitled to take full statutory credit for reinsurance ceded provided under this Agreement shall be allowed the Ceding Company in its statutory financial statements filed in all jurisdictions in which where the Ceding Company is licensed, accredited or otherwise authorized licensed to transact insurance business as of the Effective Date ("Credit"). The Reinsurer represents to the Ceding Company that it the Reinsurer is properly licensed or accredited in all such jurisdictions except the state of New York and shall notify so that the Ceding Company immediately upon any change in or loss may claim such Credit, and subject to the provisions of such licensing or accreditation in accordance with this Article XXIV.
B. In order for credit for reinsurance ceded under this Agreement to be allowed the Ceding Company in its statutory financial statements filed in the state of New York7, the Reinsurer shall establish and maintain security at least equal Parties agree to the Security Amount, at its sole expense, on a quarterly basis. Such security will be provided in the form of a clean, irrevocable letter of credit acceptable under Article XXVI and the insurance laws and regulations of New York Insurance Regulation 133.
C. The parties shall use best efforts to ensure that such Credit shall will remain available to the Ceding Company throughout during the duration of this Agreement.
D. For purposes 7.02 If the Ceding Company believes in good faith it may not be entitled to claim Credit, as described above, in total or in part, due to a change in law or regulation, or due to a change in the interpretation or application of existing law or regulation by a regulator (hereinafter an "Uncontrollable Reserve Credit Event"), or due to a failure by the Reinsurer to maintain in effect a required license or accreditation in any of the jurisdictions in which the Ceding Company is licensed to transact insurance business (hereinafter a "Controllable Reserve Credit Event"), then, subject to the Reinsurer's rights to cure as defined in this Article, the Parties will take the steps specified below in this Article.
7.03 The Party who first becomes aware of such event will provide prompt notice to the other Party of the occurrence of either an Uncontrollable Reserve Credit Event or a Controllable Reserve Credit Event (hereinafter collectively "Reserve Credit Event").
7.04 Within fifteen (15) days of delivery of (if the delivering Party) or receipt of (if the receiving Party) such notice, the Reinsurer shall propose to the Ceding Company a cure to the Reserve Credit Event In a manner that eliminates the need for or enables the Ceding Company to continue to receive Credit. The Ceding Company will not deny any of the cure proposals put forth in Paragraphs a or b below as long as such cure does not require the payment of any United States tax:
a. Reinsurer establishing collateral, the form of which may be a letter of credit, funds withheld, assets in trust or some combination of the three provided such collateral meets all applicable laws and regulations regarding the Ceding Company's ability to take Credit, amending this Agreement accordingly and entering into additional agreements as necessary; or
b. Transferring the reinsurance provided under this Agreement to another reinsurer by novation of this Agreement, provided that the alternative reinsurer meets the Ceding Company's established reinsurer credit criteria in place at the time of the transfer and that the alternative reinsurer accepts transfer by novation of this Agreement (and all amendments thereto) without any material modification to the substantive terms of the Agreement. Notwithstanding Article XXV10, Security Amount mean amounts if the Reinsurer novates this Agreement Principal First Reinsurance Agreement Between Hartford Life Insurance Company and Swiss Re Life & Health America Inc. Effective July 24, 2008 <Page> to an entity that is not subject to United States taxation, the joint DAC election under Article 10 shall be invalid for policy reservesconsideration received after the date of novation. Notwithstanding the foregoing, reserves for claims and losses incurred (the Reinsurer may propose an alternative cure, including losses incurred but not reported)amending this Agreement, loss adjustment expenses, unearned premiums and reinsurance recoverables on paid and unpaid lossesunder which Credit shall be allowed the Ceding Company. The Ceding Company shall calculate approve or deny the Security Amount Reinsurer's alternative cure at its sole discretion provided any such approval is not unreasonably withheld.
7.05 If the Reinsurer cannot cure an Uncontrollable Reserve Credit Event, as set forth above, but such Uncontrollable Reserve Credit Event can be cured by the posting of collateral, within fifteen (15) days the Reinsurer shall establish and maintain collateral, either a trust or a letter of credit, in accordance with the valuation laws, regulations a form which meets all applicable standards of law and actuarial guidelines regulation to which enable the Ceding Company is subject on each valuation dateto claim Credit during the pendency of the Reserve Credit Event. The Parties agree that in such an event, the cost of establishing and maintaining the collateral will be shared equally by the Ceding Company and the Reinsurer. Collateral established pursuant to this Section shall reduce, dollar for dollar, the collateral required pursuant to Article 23.
E. 7.06 If the Reinsurer cannot cure a Controllable Reserve Credit Event, as set forth above, but such Controllable Reserve Credit Event can be cured by the posting of collateral, within fifteen (15) days the Reinsurer shall establish and maintain collateral, either a trust or a letter of credit, in a form which meets all applicable standards of law and regulation to enable the Ceding Company to claim Credit during the pendency of the Reserve Credit Event. The Parties agree that in such an event, the cost of establishing and maintaining the collateral will be borne entirely by the Reinsurer. Collateral established pursuant to this Section shall reduce, dollar for dollar, the collateral required pursuant to Article 23.
7.07 If a Reserve Credit Event is not cured or the Reinsurer fails to establish or maintain security collateral as set forth above, then the Ceding Company may recapture the reinsurance ceded Business Reinsured under this Agreement without fee. However, recapture shall not be construed as in accordance with the sole remedy available to the Ceding Company. Single Life Term YRT Treaty -- Effective 10/15/1999 Between HLIC and SCOR Life US Amendment 6 -- Effective 01/01/2007terms of Article 9 hereof.
Appears in 1 contract
Samples: Reinsurance Agreement (Talcott Resolution Life Insurance Co Separate Account Two)
Credit for Reinsurance. A. The parties intend (a) Ceding Company shall establish and maintain proper reserves for the Insurance Policies (i) in accordance with the statutory accounting principles and practices applicable to Ceding Company, (ii) based on the Ceding Company’s X factors (if applicable), and (iii) without regard for any additional or conflicting reserve requirements that may be applicable to Reinsurer. At Ceding Company’s request, Reinsurer will provide Ceding Company with a letter, satisfactory to Ceding Company, verifying that the amount of reserves held by Reinsurer for business reinsured under this Agreement mirrors the reserve credit taken by Ceding Company for the same business.
(b) If Reinsurer is unlicensed, unaccredited and unauthorized to transact insurance or reinsurance in any jurisdiction where Ceding Company is licensed to transact insurance business as of the date of Ceding Company’s statutory financial statement filed in such jurisdiction, and as a result Ceding Company would be unable to receive full statutory accounting credit in such jurisdiction for reinsurance ceded hereunder to Reinsurer, Reinsurer shall provide Ceding Company with irrevocable letters of credit, assets in trust, or other forms of collateral agreeable to both Parties, which agreement shall not be unreasonably withheld, that will allow Ceding Company to take full statutory reserve credit for reinsurance ceded under this Agreement shall be allowed Agreement, including with respect to unpaid claims, incurred but not reported claims and all other amounts and obligations owed by Reinsurer under this Agreement. Reinsurer will bear all costs related to the Ceding Company in its statutory financial statements filed in all jurisdictions in which the Ceding Company letters of credit, trust or other form of collateral.
(c) In addition, if Reinsurer is not licensed, accredited or otherwise authorized to transact business insurance or reinsurance in any jurisdiction where Ceding Company is licensed to transact insurance business, Reinsurer agrees:
("Credit"). The i) That, in the event of the failure of Reinsurer represents to perform its obligations under the terms of this Agreement, Reinsurer, at the request of Ceding Company, shall submit to the jurisdiction of any court of competent jurisdiction in the Ceding Company’s state of domicile, will comply with all requirements necessary to give the court jurisdiction, and will abide by the final decision of the court or of any appellate court in the event of an appeal; and
(ii) To designate the commissioner or a designated attorney in the Ceding Company’s state of domicile as its true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of Ceding Company. This provision is not intended to conflict with or override the obligation of Ceding Company that it is properly licensed or accredited in all such jurisdictions except the state of New York and shall notify the Ceding Company immediately upon Reinsurer to arbitrate any change in or loss of such licensing or accreditation disputes in accordance with Article XXIV.
B. In order for credit for reinsurance ceded under this Agreement to be allowed the Ceding Company in its statutory financial statements filed in the state of New York, the Reinsurer shall establish and maintain security at least equal to the Security Amount, at its sole expense, on a quarterly basis. Such security will be provided in the form of a clean, irrevocable letter of credit acceptable under Article XXVI and the insurance laws and regulations of New York Insurance Regulation 133.
C. The parties shall use best efforts to ensure that Credit shall remain available to the Ceding Company throughout the duration terms of this Agreement.
D. For purposes of this Article XXV, Security Amount mean amounts for policy reserves, reserves for claims and losses incurred (including losses incurred but not reported), loss adjustment expenses, unearned premiums and reinsurance recoverables on paid and unpaid losses. The Ceding Company shall calculate the Security Amount in accordance with the valuation laws, regulations and actuarial guidelines to which the Ceding Company is subject on each valuation date.
E. If the Reinsurer fails to establish or maintain security as set forth above, the Ceding Company may recapture the reinsurance ceded under this Agreement without fee. However, recapture shall not be construed as the sole remedy available to the Ceding Company. Single Life Term YRT Treaty -- Effective 10/15/1999 Between HLIC and SCOR Life US Amendment 6 -- Effective 01/01/2007
Appears in 1 contract
Samples: Reinsurance Agreement (Protective Variable Life Separate Account)
Credit for Reinsurance. A. The parties intend that credit for reinsurance ceded under this Agreement shall be allowed (a) From the Ceding Company in its statutory financial statements filed in all jurisdictions in which the Ceding Company is licensed, accredited or otherwise authorized to transact business ("Credit"). The Reinsurer represents Effective Date to the Ceding Closing Date, the Company that it is properly licensed or accredited in all such jurisdictions except shall calculate, establish and maintain proper reserves with respect to the state of New York and shall notify the Ceding Company immediately upon any change in or loss of such licensing or accreditation Reinsured Policies in accordance with Article XXIVCompany SAP consistently applied.
B. In order for credit for reinsurance ceded under this Agreement (b) From the Closing Date to be allowed the Ceding Company in its statutory financial statements filed in the state of New Yorkapplicable Administrative Transfer Date, the Company shall calculate proper reserves with respect to the Reinsured Policies in accordance with Company SAP consistently applied, and Reinsurer shall establish and maintain security proper reserves for the Reinsured Policies in accordance with statutory accounting practices applicable to Reinsurer, but in no case less than the statutory reserves as required by the regulatory authorities of the Company's state of domicile
(c) From and after the applicable Administrative Transfer Date, Reinsurer shall calculate, establish and maintain proper reserves for the Reinsured Policies in accordance with statutory accounting practices applicable to Reinsurer, but in no case less than the statutory reserves as required by the regulatory authorities of the Company's state of domicile. On an annual basis during each year after the Administrative Transfer Date in which this Agreement remains in force, in connection with the preparation of the Company's annual financial statements the Reinsurer shall cause its appointed actuary to provide to the Company's appointed actuary an actuarial opinion in compliance with the current NAIC requirements. Such actuarial opinion shall state that, in the opinion of the Reinsurer's appointed actuary, such reserves and related actuarial values concerning the Reinsured Policies as of the date of such actuarial opinion: (i) are computed in accordance with presently accepted actuarial standards consistently applied and are fairly stated, in accordance with sound actuarial principles; (ii) are based on actuarial assumptions which produce reserves at least equal to as great as those called for in any provision of the Security AmountReinsured Policies concerning the reserve basis and method, at its sole expense, on a quarterly basis. Such security will be provided and are in accordance with all other contract provisions of the form Reinsured Policies; (iii) meet the requirements of a clean, irrevocable letter of credit acceptable under Article XXVI and the insurance laws and regulations of New York Insurance Regulation 133.
C. The parties shall use best efforts to ensure that Credit shall remain available to the Ceding Company throughout Company's state of domicile; (iv) are computed on the duration basis of this Agreement.
D. For purposes of this Article XXV, Security Amount mean amounts assumptions consistent with those used in computing the corresponding items in the prior year; and (v) include provision for policy reserves, all actuarial reserves for claims and losses incurred (including losses incurred but not reported), loss adjustment expenses, unearned premiums and reinsurance recoverables on paid and unpaid losses. The Ceding Company shall calculate the Security Amount related statement items which should be established in accordance with sound actuarial principles. In addition, in connection with the valuation lawsReinsured Policies, regulations and actuarial guidelines Reinsurer agrees to which the Ceding Company is subject on each valuation date.
E. If the Reinsurer fails to establish or maintain security as set forth above, the Ceding Company may recapture the reinsurance ceded under this Agreement without fee. However, recapture shall not be construed as the sole remedy available disclose to the Ceding Company. Single Life Term YRT Treaty -- Effective 10/15/1999 Between HLIC Company its actuarial assumptions relied on in establishing its reserves and SCOR Life US Amendment 6 -- Effective 01/01/2007the results of its asset adequacy testing for the Reinsured Policies.
Appears in 1 contract
Samples: Coinsurance and Administration Agreement (Conseco Inc)