Common use of EXTRA-CONTRACTUAL DAMAGES Clause in Contracts

EXTRA-CONTRACTUAL DAMAGES. 11.01 The Reinsurer will not participate in punitive, and/or compensatory damages and/or statutory penalties that are awarded against the Ceding Company as a result of an act, omission, or course of conduct committed by the Ceding Company, its agents, or representatives in connection with benefits reinsured under this Agreement. The Reinsurer will, however pay its share of statutory penalties, awarded against the Ceding Company in connection with benefits reinsured under this Agreement, if the Reinsurer agreed in advance, in writing, to the specific act of the Ceding Company that resulted in the assessment of such statutory penalty damages. For the avoidance of doubt, the Reinsurer's approval of forms, funds as provided under Article 6, shall not cause the Reinsurer to have liability for punitive, compensatory or statutory damages, as such approval relates only to the permissibility of those forms or funds for purposes of this reinsurance, and does not constitute an approval for their use with customers. For purposes of this Article, the following definitions will apply. "Punitive Damages" are those damages awarded as a penalty, the amount of which is neither governed nor fixed by statute. "Compensatory Damages" are those amounts awarded to compensate for the actual damages sustained, and are not awarded as a penalty, nor fixed in amount by statute.

EXTRA-CONTRACTUAL DAMAGES. 11.01 The Reinsurer will not participate in punitive, and/or compensatory damages and/or statutory penalties that are awarded against the Ceding Company as a result of an act, omission, or course of conduct committed by the Ceding Company, its agents, or representatives in connection with benefits reinsured under this Agreement. The Reinsurer will, however pay its share of statutory penalties, awarded against the Ceding Company in connection with benefits reinsured under this Agreement, if the Reinsurer agreed in advance, in writing, to the specific act of the Ceding Company that resulted in the assessment of such statutory penalty damages. For the avoidance of doubt, the Reinsurer's approval of forms, funds as provided under Article 6, shall not cause the Reinsurer to have liability for punitive, compensatory or statutory damages, as such approval relates only to the permissibility of those forms or funds for purposes of this reinsurance, and does not constitute an approval for their use with customers. For purposes of this Article, the following definitions will apply. "Punitive Damages" are those damages awarded as a penalty, the amount of which is neither governed nor fixed by statute. "Compensatory Damages" are those amounts awarded to compensate for the actual damages sustained, and are not awarded as a penalty, nor fixed in amount by statute.. "Statutory Penalties" are those amounts awarded as a penalty, but are fixed in amount by statute. Reinsurance Xxxxxx Xx. XXX000000 Effective 04/01/2004