EXTRA-CONTRACTUAL DAMAGES. In no event will we have any liability for any Extra-Contractual Damages which are rendered against you as a result of acts, omissions or course of conduct committed by you, unless we or one of our affiliated companies were an active party in the act, omission or course of conduct which ultimately resulted in the assessment of such damage in connection with the insurance reinsured under this Agreement. We recognize that circumstances may arise under which we, in equity, should share, to the extent permitted by law, in paying certain assessed damages. Such circumstances are difficult to define in advance, but involve those situations in which we were an active party in the act, omission or course of conduct which ultimately resulted in the assessment of such damages. The extent of such sharing is dependent on good faith assessment of culpability in each case, but all factors being equal, the division of any such assessment would be in proportion to what impact our action, omission, or course of conduct had on such damages.
Appears in 6 contracts
Samples: Reinsurance Agreement (Country Investors Variable Annunity Account), Reinsurance Agreement (Country Investors Variable Annunity Account), Variable Annuity Reinsurance Agreement (Country Investors Variable Annunity Account)
