Insolvency of the Ceding Company. In the event of the insolvency of the Ceding Company, all reinsurance payments will be payable directly to the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor will give written notice to the Reinsurer of all pending claims against the Ceding Company on any policies reinsured within a reasonable time after such claim is filed in the insolvency proceeding. While a claim is pending, the Reinsurer may investigate and interpose, at its own expense, in the proceeding where the claim is adjudicated, any defense or defenses that it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, or statutory successor. The expense incurred by the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers are participating in the same claim and a majority in interest elect to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreement.
Appears in 15 contracts
Samples: Automatic Yrt (Riversource of New York Account 8), Automatic Yrt (Riversource of New York Account 8), Automatic Yrt (Riversource of New York Account 8)
Insolvency of the Ceding Company. In the event of the insolvency of the Ceding Company, all reinsurance payments due under this Agreement will be payable directly to the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor will give written notice to the Reinsurer MARC of all pending claims against the Ceding Company on any policies reinsured within a reasonable time after such claim is filed in the insolvency proceeding. While a claim is pending, the Reinsurer MARC may investigate and interpose, at its own expense, in the proceeding where the claim is adjudicated, any defense or defenses that it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, or statutory successor. The expense incurred by the Reinsurer MARC will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the ReinsurerMARC. Where two or more reinsurers are participating in the same claim and a majority in interest elect to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer MARC will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreement.
Appears in 8 contracts
Samples: Reinsurance Agreement (Ameritas Variable Separate Account V), Benefit Payments Procedure (First Trinity Financial CORP), Tiaa-Cref Life Separate Account Vli-1
Insolvency of the Ceding Company. In the event of the insolvency of the Ceding Company, as determined by the regulatory agency responsible for such determination, all reinsurance payments will be payable by the Reinsurer on the basis of the liability of the Ceding Company under policies reinsured under this Agreement directly to the liquidator, rehabilitator, receiver, receiver or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against insolvency of the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claimsCompany. In the event of the insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, receiver or statutory successor will give written notice to the Reinsurer of all pending claims against the Ceding Company on any policies policy reinsured under this Agreement within a reasonable time after such claim is filed in the insolvency proceeding. While a claim is pending, the Reinsurer may investigate and interpose, at its own expense, in the proceeding where the such claim is to be adjudicated, any defense or defenses that which it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, receiver or statutory successor. The expense expenses incurred by the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation the insolvent the Ceding Company to the extent of a proportionate share of the benefit that which may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers are participating involved in the same claim and a majority in interest elect to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreement.
Appears in 8 contracts
Samples: Renewable Term Reinsurance Agreement (Hartford Life & Annuity Ins Co Separate Acount Vlii), Automatic and Facultative Monthly Renewable Term Reinsurance Agreement (Hartford Life Insurance Co Separate Account Vl Ii), Automatic and Facultative Yearly Renewable Term Reinsurance Agreement (Hartford Life Insurance Co Separate Account Vl Ii)
Insolvency of the Ceding Company. In the event of the insolvency of the Ceding Company, all reinsurance payments due under this Agreement will be payable directly to the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor will give written notice to the Reinsurer of all pending claims against the Ceding Company on any policies reinsured within a reasonable time after such claim is filed in the insolvency proceeding. While a claim is pending, the Reinsurer may investigate and interpose, at its own expense, in the proceeding where the claim is adjudicated, any defense or defenses that it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, or statutory successor. The expense incurred by the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers are participating in the same claim and a majority in interest elect to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreement.
Appears in 6 contracts
Samples: Yrt Reinsurance Agreement (American National Variable Life Separate Account), Yearly Renewable Term Reinsurance Agreement (American National Variable Life Separate Account), Renewable Term Reinsurance Agreement (American National Variable Life Separate Account)
Insolvency of the Ceding Company. In the event of the insolvency of the Ceding Company, all reinsurance payments due under this Agreement will be payable directly to the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, receiver or statutory successor will give written notice to the Reinsurer of all pending claims against the Ceding Company on any policies reinsured within a reasonable time after such claim is filed in the insolvency proceeding. While a claim is pending, the Reinsurer may investigate and interpose, at its own expense, in the proceeding where the claim is adjudicated, any defense or defenses that it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, receiver or statutory successor. The expense incurred by the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share Proportionate Share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers Reinsurers are participating in the same claim and a majority in interest elect elects to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreement. This insolvency clause shall not preclude the Reinsurer from asserting any excuse or defense to payment of this reinsurance other than the excuses or defenses of the insolvency of the Ceding Company and the failure of the Ceding Company’s liquidator, receiver, conservator or statutory successor to pay all or a portion of any claim.
Appears in 5 contracts
Samples: Reinsurance Agreement (Symetra Separate Account Sl), Yrt Reinsurance Agreement (Farmers Variable Life Separate Account A), Guaranteed Issue and Fully Underwritten (COLI VUL-4 Series Account of First Great-West Life & Annuity Insurance CO)
Insolvency of the Ceding Company. In the event of the insolvency insolvency, liquidation or rehabilitation of the Ceding Company, all reinsurance payments will be payable directly to Company or the appointment of a liquidator, rehabilitator, receiver, receiver or statutory successor of the Ceding Company, the reinsurance coverage provided hereunder shall be payable by the Reinsurer directly to the Ceding Company or to its liquidator, receiver or statutory successor except (1) when the contract or other written agreement specifically provides another payee of such reinsurance in the event of the insolvency of the ceding insurer or (2) when the assuming insurer, with the consent of the direct insured, has assumed such policy obligations of the ceding insurer as direct obligations of the assuming insurer to the payees under such policies and in substitution for the obligations of the ceding insurer to such payees, on the basis of the liability of the Ceding Company for the Reinsured Liabilities without diminution because of the such insolvency, liquidation, rehabilitation or appointment or because such liquidator, receiver or statutory successor has failed to pay any claims or any portion thereof. In any such event, the reinsurance being provided hereunder shall be payable immediately upon demand, with reasonable provision for those verification, on the basis of claims allowed against the Ceding Company by any court of competent jurisdiction or by any liquidator, receiver or statutory successor. In any such event, the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor will Company shall give written notice to the Reinsurer of all pending claims the pendency of each claim against the Ceding Company on any policies reinsured with respect to such Reinsured Liabilities within a reasonable time after each such claim is filed in the insolvency insolvency, liquidation or rehabilitation proceeding. While a claim is pendingDuring the pendency of any such claims, the Reinsurer may investigate and interposemay, at its own expense, investigate such claim and interpose in the proceeding where the in which such claim is adjudicated, to be adjudicated any defense or defenses that it the Reinsurer may reasonably deem available to the Ceding Company or its liquidator, rehabilitator, receiver, receiver or statutory successor. The expense incurred by For the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part avoidance of the expense of liquidation to the extent of a proportionate share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers are participating in the same claim and a majority in interest elect to interpose a defense or defenses to any such claimdoubt, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share benefits reinsured as benefits become due under the terms of the amounts reinsured Reinsured Policies and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under as to the Reinsured Policies or for any damages or payments resulting from the termination or restructuring of the Reinsured Policies, in each case, that are not otherwise expressly covered by this Agreement.
Appears in 5 contracts
Samples: Coinsurance Agreement (Midwest Holding Inc.), Funds Withheld Coinsurance and Modified Coinsurance Agreement (Midwest Holding Inc.), Funds Withheld and Funds Paid (US Alliance Corp)
Insolvency of the Ceding Company. In the event of the insolvency Insolvency of the Ceding Company, all reinsurance payments will provided hereunder shall be payable directly by the Reinsurer to the liquidator, rehabilitator, receiver, or statutory successor Ceding Company on the basis of the liability of the Ceding Company, Company under the Reinsured Policies without diminution because of such Insolvency. Payments by the insolvencyReinsurer, for those claims allowed against as set forth in this Section 7.1, shall be made directly to the Ceding Company by any court or to its Receiver, except where the Reinsurer, with the consent of competent jurisdiction or by the liquidatordirect insured, rehabilitator, receiver or statutory successor having authority has elected to allow such claims. In assume the event of insolvency policy obligations of the Ceding Company as direct obligations of the Reinsurer to the payees under a Reinsured Policy and in substitution for the obligations of the Ceding Company to the payees. If the Reinsurer elects to make such payment in accordance with the immediately preceding sentence, it shall make payments directly to the Policyholder and the Reinsurer shall be deemed to have all the rights of the Ceding Company to the extent of such payment. Any payment by the Reinsurer under this Section 7.1 shall be, to the extent of the payment, in substitution, satisfaction and discharge of the Reinsurer’s obligation to the Ceding Company or its Receiver and the Ceding Company’s obligation under the subject Reinsured Policies, and nothing herein shall subject the liquidator, rehabilitator, receiver, or statutory successor will Reinsurer to liability for duplicative payment of Policy Liabilities reinsured hereunder. The Receiver of the insolvent Ceding Company shall give written notice to the Reinsurer of all pending claims the pendency of a claim against the Ceding Company on any policies reinsured Reinsured Policy within a reasonable period of time after such claim is filed in the insolvency proceeding. While a claim is pending, and during the pendency of such claim, the Reinsurer may investigate such claim and interpose, at its own expense, in the proceeding where the such claim is adjudicated, to be adjudicated any defense or defenses that which it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, or statutory successorReceiver. The expense thus incurred by the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part of the expense expenses of liquidation to the extent of a proportionate share of the benefit that which may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers are participating in the same claim and a majority in interest elect to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreement.
Appears in 4 contracts
Samples: Reinsurance Agreement (Prudential Discovery Select Group Variable Contract Account), Reinsurance Agreement (Prudential Discovery Premier Group Variable Contract Account), Reinsurance Agreement (Prudential Discovery Select Group Variable Contract Account)
Insolvency of the Ceding Company. In the event of the insolvency of the Ceding Company, all reinsurance payments due under this Agreement will be payable directly to the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, receiver or statutory successor will give written notice to the Reinsurer of all pending claims against the Ceding Company on any policies reinsured within a reasonable time after such claim is filed in the insolvency proceeding. While a claim is pending, the Reinsurer may investigate and interpose, at its own expense, in the proceeding where the claim is adjudicated, any defense or defenses that it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, receiver or statutory successor. The expense incurred by the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share Proportionate Share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers Reinsurers are participating in the same claim and a majority in interest elect elects to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreement. This insolvency clause shall not preclude the Reinsurer from asserting any excuse or defense to payment of this reinsurance other than the excuses or defenses of the insolvency of the Ceding Company and the failure of the Ceding Company's liquidator, receiver, conservator or statutory successor to pay all or a portion of any claim.
Appears in 4 contracts
Samples: Reinsurance Agreement (Ameritas Life Insurance Corp Separate Account LLVL), Reinsurance Agreement (Ameritas Variable Separate Account V), Reinsurance Agreement (Ameritas Variable Separate Account V)
Insolvency of the Ceding Company. In the event of the insolvency of the Ceding Company, all reinsurance payments will be payable directly to the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor will give written notice to the Reinsurer of all pending claims against the Ceding Company on any policies reinsured within a reasonable time after such claim is filed in the insolvency proceeding. While a claim is pending, the Reinsurer may investigate and interpose, at its own expense, in the proceeding where the claim is adjudicated, any defense or defenses that it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, or statutory successor. The expense incurred by the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers are participating in the same claim and a majority in interest elect to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreement.. IDSL-NY Succession Select Treaty
Appears in 3 contracts
Samples: Yrt Reinsurance Agreement (Ids Life of New York Account 8), Automatic Yrt Reinsurance Agreement (Ids Life of New York Account 8), Automatic Yrt Reinsurance Agreement (Ids Life of New York Account 8)
Insolvency of the Ceding Company. In the event of the insolvency insolvency, liquidation or rehabilitation of the Ceding Company, all reinsurance payments will be payable directly to Company or the appointment of a liquidator, rehabilitator, receiver, receiver or statutory successor of the Ceding Company, the reinsurance coverage provided hereunder, expect as provided by Section 7.3, shall be payable by the Reinsurer directly to the Ceding Company or to its liquidator, receiver or statutory successor, on the basis of the liability of the Ceding Company for the Reinsured Liabilities without diminution because of the such insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction liquidation, rehabilitation or by the appointment or because such liquidator, rehabilitator, receiver or statutory successor having authority has failed to allow such claimspay any claims or any portion thereof. In the event of insolvency The liquidator, receiver or statutory successor of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor will Company shall give written notice to the Reinsurer of all pending claims the pendency of each claim against the Ceding Company on any policies reinsured with respect to such Reinsured Liabilities within a reasonable time after each such claim is filed in the insolvency insolvency, liquidation or rehabilitation proceeding. While a claim is pendingDuring the pendency of any such claims, the Reinsurer may investigate and interposemay, at its own expense, investigate such claim and interpose in the proceeding where the in which such claim is adjudicated, to be adjudicated any defense or defenses that it the Reinsurer may reasonably deem available to the Ceding Company or its liquidator, rehabilitator, receiver, receiver or statutory successor. The expense expenses incurred in connection therewith by the Reinsurer will shall be chargeable, subject to court approval, against the Ceding Company as part of the expense of such insolvency, liquidation or rehabilitation to the extent of a proportionate share of the any benefit that may accrue accrues to the Ceding Company Company, solely as a result of the defense or defenses undertaken by the Reinsurer. Where two or more reinsurers are participating in the same claim and a majority in interest elect to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreement.
Appears in 3 contracts
Samples: Reinsurance Agreement (VARIABLE ANNUITY ACCOUNT B OF VOYA RETIREMENT INSURANCE & ANNUITY Co), Reinsurance Agreement (Select Life Variable Account), Reinsurance Agreement (Select Life Variable Account)
Insolvency of the Ceding Company. In If the event Ceding Company should become insolvent, as determined by the Regulatory Agency responsible for such determination, all reinsurance under this Agreement covering risks ceded by the Ceding Company will be payable by the Reinsurer directly to the Ceding Company's liquidator, receiver or statutory successor, on the basis of the liability of the Ceding Company under the policy or policies reinsured and without diminution because of the insolvency of the Ceding Company. However, all reinsurance payments will be payable directly to the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In in the event of insolvency of the Ceding Companysuch insolvency, the liquidator, rehabilitator, receiver, or statutory successor will give written notice to the Reinsurer of all a pending claims claim against the Ceding Company on any policies the reinsured policy. It will do so within a reasonable time after such the claim is filed in the insolvency proceedingproceedings. While During the pendency of such a claim is pendingclaim, the Reinsurer may investigate the claim and interposemay, at its own expense, in the proceeding where the claim is adjudicated, interpose any defense or defenses that which it may deem available to the insolvent Ceding Company or Company, its liquidator, rehabilitator, receiver, or statutory successor, in the proceedings where the claim is to be adjudicated. The expense thus incurred by the Reinsurer will be chargeablechargeable against the insolvent Ceding Company, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share of the benefit that which may accrue to the insolvent Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers are participating involved in the same claim and a majority in interest elect elects to interpose a defense or defenses to any such the claim, the expense will be apportioned in accordance accord with the terms of this Agreement the reinsurance agreement as though such the expense had been incurred by the insolvent Ceding Company. The Reinsurer will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreement.
Appears in 3 contracts
Samples: Automatic and Facultative Yearly Renewable Term Reinsurance Agreement (Hartford Life Insurance Co Separate Account Vl Ii), Automatic and Facultative Yearly Renewable Term Reinsurance Agreement (Hartford Life & Annuity Ins Co Separate Acount Vlii), Reinsurance Agreement Effective December (Hartford Life Insurance Co Separate Account Vl Ii)
Insolvency of the Ceding Company. In the event of that the Ceding Company is deemed insolvent, all Benefit Payments reinsured in accordance with Article 5.1 and payable hereunder shall be payable by the Reinsurer directly to the Ceding Company, its liquidator, receiver or statutory successor, without diminution due to the insolvency of the Ceding Company. It is understood, all reinsurance payments will be payable directly to however, that in the event of such insolvency, the liquidator, rehabilitatorconservator, receiver, receiver or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor will shall give written notice to the Reinsurer of all pending claims the pendency of a death claim against the Ceding Company Reinsurer on any policies reinsured a Covered Policy. Such notice shall indicate the Covered Policy and whether the claim could involve possible liability on the part of the Reinsurer. Such notice shall be given within a reasonable time after such claim is filed in the conservation, liquidation, or insolvency proceeding. While a claim is pendingDuring the pendency of such claim, the Reinsurer may investigate such claim and interpose, at its own expense, in the proceeding where the such claim is to be adjudicated, any defense or defenses that it may deem available to the Ceding Company or Company, its liquidator, rehabilitatorconservator, receiver, receiver or statutory successor. The It is further understood that the expense thus incurred by the Reinsurer will shall be chargeable, subject to court approval, against the Ceding Company as part of the expense of the conservation, liquidation or insolvency proceeding to the extent of a proportionate pro rata share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers are participating in the same death or disability claim and a majority in interest elect (determined with respect to shares of net amount at risk) elects to interpose a defense or defenses to any such death or disability claim, the expense will be apportioned among the reinsurers in accordance with the terms of this Agreement as though such expense had been incurred by same proportion that the Ceding Company. The Reinsurer will be liable only for its proportionate share reinsurer’s net liability bears to the sum of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by net liability of all reinsurers on the Ceding Company on policies reinsured under this Agreementinsured’s date of death.
Appears in 3 contracts
Samples: Yearly Renewable Term (Guardian Separate Account K), Yearly Renewable Term (Guardian Separate Acct N of the Guardian Ins & Annuity Co), Yearly Renewable Term (Guardian Separate Acct N of the Guardian Ins & Annuity Co)
Insolvency of the Ceding Company. In the event of the insolvency of the Ceding Company, all reinsurance payments will be payable directly to the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor will give written notice to the Reinsurer of all pending claims against the Ceding Company on any policies reinsured within a reasonable time after such claim is filed in the insolvency proceeding. While a claim is pending, the Reinsurer may investigate and interpose, at its own expense, in the proceeding where the claim is adjudicated, any defense or defenses that it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, or statutory successor. The expense incurred by the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers are participating in the same claim and a majority in interest elect to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreement.. IDSL-NY VUL4/LP Select Treaty 26
Appears in 2 contracts
Samples: Automatic Yrt (Ids Life of New York Account 8), Reinsurance Agreement (Ids Life of New York Account 8)
Insolvency of the Ceding Company. In the event of the insolvency of the Ceding Company, all reinsurance payments due under this Agreement will be payable directly to the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor will give written notice to the Reinsurer of all pending claims against the Ceding Company on any policies reinsured of the Policies within a reasonable time after such claim is filed in the insolvency proceeding. While a claim is pending, the Reinsurer may investigate and interpose, at its own expense, in the proceeding where the claim is adjudicated, any defense or defenses that it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, or statutory successor. The expense incurred by the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers are participating in the same claim and a majority in majority-in-interest elect to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreementthe Policies which may be in excess of the amounts reinsured.
Appears in 2 contracts
Samples: Indemnity Reinsurance Agreement, Indemnity Reinsurance Agreement (Independence Holding Co)
Insolvency of the Ceding Company. In the event of the insolvency insolvency, liquidation or rehabilitation of the Ceding Company, all reinsurance payments will be payable directly to Company or the appointment of a liquidator, rehabilitator, receiver, receiver or statutory successor of the Ceding Company, the reinsurance coverage provided hereunder shall be payable by the Reinsurer directly to the Ceding Company or to its liquidator, receiver or statutory successor, on the basis of the liability of the Ceding Company for the Reinsured Liabilities without diminution because of the such insolvency, liquidation, rehabilitation or appointment or because such liquidator, receiver or statutory successor has failed to pay any claims or any portion thereof. In any such event, the reinsurance being provided hereunder shall be payable immediately upon demand, with reasonable provision for those verification, on the basis of claims allowed against the Ceding Company by any court of competent jurisdiction or by any liquidator, receiver or statutory successor. In any such event, the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor will Company shall give written notice to the Reinsurer of all pending claims the pendency of each claim against the Ceding Company on any policies reinsured with respect to such Reinsured Liabilities within a reasonable time after each such claim is filed in the insolvency insolvency, liquidation or rehabilitation proceeding. While a claim is pendingDuring the pendency of any such claims, the Reinsurer may investigate and interposemay, at its own expense, investigate such claim and interpose in the proceeding where the in which such claim is adjudicated, to be adjudicated any defense or defenses that it the Reinsurer may reasonably deem available to the Ceding Company or its liquidator, rehabilitator, receiver, receiver or statutory successor. The expense incurred by For the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part avoidance of the expense of liquidation to the extent of a proportionate share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers are participating in the same claim and a majority in interest elect to interpose a defense or defenses to any such claimdoubt, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share benefits reinsured as benefits become due under the terms of the amounts reinsured Reinsured Policies and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under as to the Reinsured Policies or for any damages or payments resulting from the termination or restructuring of the Reinsured Policies, in each case, that are not otherwise expressly covered by this Agreement.. ARTICLE XV
Appears in 2 contracts
Samples: Modified Coinsurance Agreement (Athene Holding LTD), Modified Coinsurance Agreement (Athene Holding LTD)
Insolvency of the Ceding Company. In the event that the Ceding Company is deemed insolvent, all reinsurance death claims payable hereunder will be payable by the Reinsurer directly to the Ceding Company, its liquidator, receiver or statutory successor on the basis of the liability of the Ceding Company for benefits under the Reinsured Policy, without diminution because of the insolvency of the Ceding Company. It is understood, all reinsurance payments will be payable directly to however, that in the event of such insolvency, the liquidator, rehabilitator, receiver, receiver or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor will give written notice to the Reinsurer of all pending claims the pendency of a death claim against the Ceding Company on any policies a Risk reinsured hereunder within a reasonable time after such death claim is filed in the insolvency proceeding. While Such notice will indicate the policy reinsured and whether the death claim could involve a claim is pendingpossible liability on the part of the Reinsurer. The Reinsurer will be liable only for benefits reinsured as benefits become due under the terms of the Reinsured Policies and will not be or become liable for any amounts or reserves to be held by the Ceding Company as to the Reinsured Policies or for any damages or payments resulting from the termination or restructure of the Policies that are not otherwise expressly covered by this Agreement. During the pendency of such claim, the Reinsurer may investigate such death claim and interpose, at its own expense, in the proceeding where the such death claim is to be adjudicated, any defense or defenses that it may deem available to the Ceding Company or Company, its liquidator, rehabilitator, receiver, receiver or statutory successor. The It is further understood that the expense thus incurred by the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers are participating in the same claim and a majority in interest elect to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreement.
Appears in 2 contracts
Samples: Facultative Yrt (Minnesota Life Individual Variable Universal Life Account), Automatic/Facultative (Minnesota Life Individual Variable Universal Life Account)
Insolvency of the Ceding Company. In the event of the insolvency of the Ceding Company, all reinsurance payments will be payable directly to the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor will give written notice to the Reinsurer of all pending claims against the Ceding Company on any policies reinsured within a reasonable time after such claim is filed in the insolvency proceeding. While a claim is pending, the Reinsurer may investigate and interpose, at its own expense, in the proceeding where the claim is adjudicated, any defense or defenses that it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, or statutory successor. The expense incurred by the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers are participating in the same claim and a majority in interest elect to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreement.. IDSL VUL4/LP Select Treaty 26
Appears in 2 contracts
Samples: Reinsurance Agreement (Ids Life Variable Life Separate Account), Automatic Yrt (Ids Life Variable Life Separate Account)
Insolvency of the Ceding Company. In the event of the insolvency of the Ceding Company, all reinsurance payments will be payable directly to the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor will give written notice to the Reinsurer of all pending claims against the Ceding Company on any policies reinsured within a reasonable time after such claim is filed in the insolvency proceeding. While a claim is pending, the Reinsurer may investigate and interpose, at its own expense, in the proceeding where the claim is adjudicated, any defense or defenses that it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, or statutory successor. The expense incurred by the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers are participating in the same claim and a majority in interest elect to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreement. If, upon the liquidation of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company elects to recapture all of the Policies reinsured under this Agreement and terminate the Agreement in its entirety, such recapture and termination shall be subject to a terminal accounting and settlement as set forth in Section 16.4 of this Agreement.
Appears in 2 contracts
Samples: Reinsurance Agreement (Riversource Variable Life Separate Account), Automatic Yrt (Riversource of New York Account 8)
Insolvency of the Ceding Company. In the event of the insolvency insolvency, liquidation or rehabilitation of the Ceding Company, all reinsurance payments will be payable directly to Company or the appointment of a liquidator, rehabilitator, receiver, receiver or statutory successor of the Ceding Company, the reinsurance coverage provided hereunder shall be payable by the Reinsurer directly to the Ceding Company or to its liquidator, receiver or statutory successor, on the basis of the liability of the Ceding Company for the Reinsured Liabilities without diminution because of the such insolvency, liquidation, rehabilitation or appointment or because such liquidator, receiver or statutory successor has failed to pay any claims or any portion thereof. In any such event, the reinsurance being provided hereunder shall be payable immediately upon demand, with reasonable provision for those verification, on the basis of claims allowed against the Ceding Company by any court of competent jurisdiction or by any liquidator, receiver or statutory successor. In any such event, the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor will Company shall give written notice to the Reinsurer of all pending claims the pendency of each claim against the Ceding Company on any policies reinsured with respect to such Reinsured Liabilities within a reasonable time after each such claim is filed in the insolvency insolvency, liquidation or rehabilitation proceeding. While a claim is pendingDuring the pendency of any such claims, the Reinsurer may investigate and interposemay, at its own expense, investigate such claim and interpose in the proceeding where the in which such claim is adjudicated, to be adjudicated any defense or defenses that it the Reinsurer may reasonably deem available to the Ceding Company or its liquidator, rehabilitator, receiver, receiver or statutory successor. The expense incurred by For the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part avoidance of the expense of liquidation to the extent of a proportionate share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers are participating in the same claim and a majority in interest elect to interpose a defense or defenses to any such claimdoubt, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share benefits reinsured as benefits become due under the terms of the amounts reinsured Reinsured Policies and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under as to the Reinsured Policies or for any damages or payments resulting from the termination or restructuring of the Reinsured Policies, in each case, that are not otherwise expressly covered by this Agreement.
Appears in 2 contracts
Samples: Modified Coinsurance Agreement (Athene Holding LTD), Reinsurance Agreement (Athene Holding LTD)
Insolvency of the Ceding Company. In the event of the insolvency of the Ceding Company, all reinsurance payments due under this Agreement will be payable directly to the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, receiver or statutory successor will give written notice to the Reinsurer of all pending claims against the Ceding Company on any policies reinsured within a reasonable time after such claim is filed in the insolvency proceeding. While a claim is pending, the Reinsurer may investigate and interpose, at its own expense, in the proceeding where the claim is adjudicated, any defense or defenses that it It may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, receiver or statutory successor. The expense incurred by the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share Proportionate Share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers Reinsurers are participating in the same claim and a majority in interest elect Interest elects to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreement. This insolvency clause shall not preclude the Reinsurer from asserting any excuse or defense to payment of this reinsurance other than the excuses or defenses of the insolvency of the Ceding Company and the failure of the Ceding Company’s liquidator, receiver, conservator or statutory successor to pay all or a portion of any claim.
Appears in 1 contract
Samples: Reinsurance Agreement (Thrivent Variable Life Account I)
Insolvency of the Ceding Company. In the event of the insolvency of the Ceding Company, as determined by the regulatory agency responsible for such determination, all reinsurance payments will be payable by the Reinsurer on the basis of the liability of the Ceding Company under policies reinsured under this Agreement directly to the liquidator, rehabilitator, receiver, receiver or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against insolvency of the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claimsCompany. In the event of the insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, receiver or statutory successor will give written notice to the Reinsurer of all pending claims against the Ceding Company on any policies policy reinsured under this Agreement within a reasonable time after such claim is filed in the insolvency proceeding. While a claim is pending, the Reinsurer may investigate and interpose, at its own expense, in the proceeding where the such claim is to be adjudicated, any defense or defenses that which it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, receiver or statutory successor. The expense expenses incurred by the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation the insolvent the Ceding Company to the extent of a proportionate share of the benefit that which may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers are participating involved in the same claim and a majority in interest elect to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share Insolvency of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the one Ceding Company on policies reinsured under shall not affect this AgreementAgreement as it relates to the solvent Ceding Company.
Appears in 1 contract
Insolvency of the Ceding Company. In If the event Ceding Company should become insolvent, as determined by the Regulatory Agency responsible for such determination, all reinsurance under this Agreement will be payable by the Reinsurer directly to the Ceding Company's liquidator, receiver or statutory successor, on the basis of the liability of the Ceding Company under the policy or policies reinsured and without diminution because of the insolvency of the Ceding Company. However, all reinsurance payments will be payable directly to the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In in the event of insolvency of the Ceding Companysuch insolvency, the liquidator, rehabilitator, receiver, or statutory successor will give written notice to the Reinsurer of all a pending claims claim against the Ceding Company on any policies the reinsured policy. It will do so within a reasonable time after such the claim is filed in the insolvency proceedingproceedings. While During the pendency of such a claim is pendingclaim, the Reinsurer may investigate the claim and interposemay, at its own expense, in the proceeding where the claim is adjudicated, interpose any defense or defenses that defenses, which it may deem available to the insolvent Ceding Company or Company, its liquidator, rehabilitator, receiver, or statutory successor, in the proceedings where the claim is to be adjudicated. The expense thus incurred by the Reinsurer will be chargeablechargeable against the insolvent Ceding Company, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share of the benefit that benefit, which may accrue to the insolvent Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers are participating involved in the same claim and a majority in interest elect to interpose a defense or defenses to any such the claim, the expense will be apportioned in accordance accord with the terms of this Agreement the reinsurance agreement as though such the expense had been incurred by the insolvent Ceding Company. The Reinsurer will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreement.
Appears in 1 contract
Insolvency of the Ceding Company. In If the event Ceding Company should become insolvent, as determined by the Regulatory Agency responsible for such determination, all reinsurance under this Agreement covering risks ceded by the Ceding Company will be payable by the Reinsurer directly to the Ceding Company's liquidator, receiver or statutory successor, on the basis of the liability of the Ceding Company under the policy or policies reinsured and without diminution because of the insolvency of the Ceding Company. However, all reinsurance payments will be payable directly to the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In in the event of insolvency of the Ceding Companysuch insolvency, the liquidator, rehabilitator, receiver, or statutory successor will give written notice to the Reinsurer of all a pending claims claim against the Ceding Company on any policies the reinsured policy. It will do so within Last Survivor Excess Pool Between HLIC and RGA Effective 03/01/2004 a reasonable time after such the claim is filed in the insolvency proceedingproceedings. While During the pendency of such a claim is pendingclaim, the Reinsurer may investigate the claim and interposemay, at its own expense, in the proceeding where the claim is adjudicated, interpose any defense or defenses that defenses, which it may deem available to the insolvent Ceding Company or Company, its liquidator, rehabilitator, receiver, or statutory successor, in the proceedings where the claim is to be adjudicated. The expense thus incurred by the Reinsurer will be chargeablechargeable against the Ceding Company, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share of the benefit that benefit, which may accrue to the insolvent Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers are participating involved in the same claim and a majority in interest elect elects to interpose a defense or defenses to any such the claim, the expense will be apportioned in accordance accord with the terms of this Agreement the reinsurance agreement as though such the expense had been incurred by the insolvent Ceding Company. The Reinsurer will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreement.
Appears in 1 contract
Insolvency of the Ceding Company. In the event of the insolvency of the Ceding Company, all reinsurance payments due under this Agreement will be payable directly to the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, receiver or statutory successor will give written notice to the Reinsurer of all pending claims against the Ceding Company on any policies reinsured within a reasonable time after such claim is filed in the insolvency proceeding. While a claim is pending, the Reinsurer may investigate and interpose, at its own expense, in the proceeding where the claim is adjudicated, any defense or defenses that it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, receiver or statutory successor. The expense incurred by the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share Proportionate Share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers Reinsurers are participating in the same claim and a majority in interest elect elects to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreement.. This insolvency clause shall not preclude the Reinsurer from asserting any excuse or defense to payment of this reinsurance other than the excuses or defenses of the insolvency of the Ceding Company and the failure of the Ceding Company’s liquidator, receiver, conservator or statutory successor to pay all or a portion of any claim. (B17) 00000-00-00 Final 23 3/12/2017
Appears in 1 contract
Samples: Reinsurer Agreement (Allstate Life of N Y Var Life Sep Acct A)
Insolvency of the Ceding Company. In the event of the insolvency of the Ceding Company, all reinsurance payments will be payable directly to the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor will give written notice to the Reinsurer of all pending claims against the Ceding Company on any policies reinsured within a reasonable time after such claim is filed in the insolvency proceeding. While a claim is pending, the Reinsurer may investigate and interpose, at its own expense, in the proceeding where the claim is adjudicated, any defense or defenses that it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, or statutory successor. The expense incurred by the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers are participating in the same claim and a majority in interest elect to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. Company The Reinsurer will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreement.. IDSL-NY VUL4/LP Select Treaty 26
Appears in 1 contract
Insolvency of the Ceding Company. In the event of the insolvency of the Ceding Company, all reinsurance payments due under this Agreement will be payable directly to the liquidator, rehabilitator, receiver, or statutory successor of of' the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor will give written notice to the Reinsurer of all pending claims against the Ceding Company on any policies reinsured within a reasonable time after such claim is filed in the insolvency proceeding. While a claim is pending, the Reinsurer Reinsurer, may investigate and interpose, at its own expense, in the proceeding proceeding, where the claim is adjudicated, any defense or defenses that it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, or statutory successor. The expense incurred by the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers are participating in the same claim and a majority in interest elect to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts amount,-, or reserves to be held by the Ceding Company on oil policies reinsured under this Agreement.
Appears in 1 contract
Samples: Yrt Reinsurance Agreement (American National Variable Life Separate Account)
Insolvency of the Ceding Company. In Subject to Section 6.1(a), in the event of the insolvency of the Ceding Company, all reinsurance payments will made, ceded, renewed or otherwise becoming effective under this Agreement with respect to the General Account Liabilities shall be payable by the Reinsurer directly to the Ceding Company or to its statutory liquidator, rehabilitator, receiver, receiver or statutory successor on the basis of the Liability of the Ceding Company, Company under the Covered Insurance Policies without diminution because of the insolvency, for those claims allowed against insolvency of the Ceding Company by any court of competent jurisdiction or by the liquidatorCompany. It is understood, rehabilitatorhowever, receiver or statutory successor having authority to allow such claims. In that in the event of the insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, receiver or statutory successor will of the Ceding Company shall give written notice to of the Reinsurer pendency of all pending claims a General Account Liability claim against the Ceding Company on any policies reinsured a Covered Insurance Policy within a reasonable period of time after such claim is filed in the insolvency proceeding. While a proceedings and that during the pendency of such claim is pending, the Reinsurer may investigate such claim and interpose, at its own expense, in the proceeding where the such claim is to be adjudicated, any defense or defenses that which it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, receiver or statutory 31 <Page> successor. The It is further understood that the expense thus incurred by the Reinsurer will shall be chargeable, subject to court approvalApplicable Law, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share of the benefit that which may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers are participating in 32 <Page> (a) In the same claim and a majority in interest elect event of the insolvency of the Ceding Company, subject to interpose a defense or defenses to any such claimApplicable Law, the expense will be apportioned Reinsurer shall pay any General Account Liabilities otherwise due and payable by the Reinsurer to the Ceding Company hereunder directly to the named insureds or their designees under the Covered Insurance Policies (the "Payee"), in accordance with and subject to the terms terms, conditions, exclusions and limitations of such Covered Insurance Policy. Any such payment by the Reinsurer shall discharge the Ceding Company from its related payment obligation under the subject Covered Insurance Policy and shall be treated as a payment by the Ceding Company for all purposes of such Covered Insurance Policy and related documentation and otherwise. In the event of any payment by the Reinsurer under this Section 6.1(a), the Reinsurer shall have the right to mitigate loss or otherwise to exercise any right of the Ceding Company with respect to the applicable loss or claim under the Covered Insurance Policies. (b) The Reinsurer shall have no obligation to indemnify the Ceding Company for amounts paid or payable by the Ceding Company in respect of a Covered Insurance Policy to the extent of any payments made by the Reinsurer to the applicable Payee under such Covered Insurance Policy in accordance with Section 6.1(a), and the Reinsurer shall be discharged of its payment obligations to the Ceding Company, or to its statutory liquidator, receiver or statutory successor under this reinsurance to the extent of such payments. The cut-through afforded by Section 6.1(a) shall not be available pursuant to this Agreement if, under Applicable Law, regulation, court rule or order or similar requirement either: (i) the Reinsurer's direct payment to such Payee will not, to the extent thereof, discharge the Reinsurer's obligations to the Ceding Company or its legal representative, or (ii) the Reinsurer is required to make any payment to the Ceding Company or its liquidator, receiver or statutory successor notwithstanding the provisions of this Agreement as though such expense had Agreement. Nothing herein or in any Covered Insurance Policy shall be construed to require the Reinsurer to make duplicative payments or payments duplicative of payments that have been incurred made by the Ceding Company. The Reinsurer will be liable only for its proportionate share (c) It is the intent of the amounts reinsured Parties that the cut-through provision of this Section 6.1 complies with Section 38a-88-10 of the Connecticut Insurance Regulations and will not be any successor statute or become liable for any amounts or reserves to be held by amendments thereto. At the Reinsurer's option, the Ceding Company on policies reinsured under and the Reinsurer shall in good faith negotiate amendments to the cut-through provision of this Agreement.Section 6.1 and/or in good faith negotiate other agreements or additional documents, as necessary, to assure that the cut-through provision complies with Section 38a-88-10 of the Connecticut Insurance Regulations and any successor statute or amendments thereto. The Reinsurer shall reimburse the Ceding Company for all costs and expenses related to such amendments, agreements and documents, whether entered into or not. All other terms and conditions of this Agreement shall remain in full force and effect. 33 <Page> (d) For the avoidance of doubt, the provisions of this Section 6.1 shall apply only in connection with the General Account Liabilities. (e) The Ceding Company covenants that it shall not, and shall not, directly or indirectly, cause any third party to, challenge in any legal or regulatory proceeding with respect to the matters set forth in this Section 6.1. ARTICLE VII
Appears in 1 contract
Samples: Reinsurance Agreement
Insolvency of the Ceding Company. In the event that the Ceding Company is deemed insolvent, all reinsurance death claims payable hereunder will be payable by the Reinsurer directly to the Ceding Company, its liquidator, receiver or statutory successor on the basis of the liability of the Ceding Company for benefits under the Reinsured Policy, without diminution because of the insolvency of the Ceding Company. It is understood, all reinsurance payments will be payable directly to however, that in the event of such insolvency, the liquidator, rehabilitator, receiver, receiver or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor will give written notice to the Reinsurer of all pending claims the pendency of a death claim against the Ceding Company on any policies a Risk reinsured hereunder within a reasonable time after such death claim is filed in the insolvency proceeding. While Such notice will indicate the policy reinsured and whether the death claim could involve a claim is pendingpossible liability on the part of the Reinsurer. The Reinsurer will be liable only for benefits reinsured as benefits become due under the terms of the Reinsured Policies and will not be or become liable for any amounts or reserves to be held by the Ceding Company as to the Reinsured Policies or for any damages or payments resulting from the termination or restructure of the Policies that are not otherwise expressly covered by this Agreement. During the pendency of such claim, the Reinsurer may investigate such death claim and interpose, at its own expense, in the proceeding where the such death claim is to be adjudicated, any defense or defenses that it may deem available to the Ceding Company or Company, its liquidator, rehabilitator, receiver, receiver or statutory successor. The It is further understood that the expense thus incurred by the Reinsurer will be chargeable, subject to court approval, against against, the Ceding Company as part of the expense of liquidation to the extent of a proportionate share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers are participating in the same claim and a majority in interest elect to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreement.
Appears in 1 contract
Samples: Ceding Company Agreement (Minnesota Life Individual Variable Universal Life Account)
Insolvency of the Ceding Company. In the event of the insolvency of the Ceding Company, all reinsurance payments will be payable directly to the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor will give written notice to the Reinsurer of all pending claims against the Ceding Company on any policies reinsured within a reasonable time after such claim is filed in the insolvency proceeding. While a claim is pending, the Reinsurer may investigate and interpose, at its own expense, in the proceeding where the claim is adjudicated, any defense or defenses that it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, or statutory successor. The expense incurred by the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers are participating in the same claim and a majority in interest elect to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreement.. IDSL - [redacted] 27 VUL IV Plus/VUL IV Plus-ES Doc#2081405
Appears in 1 contract
Samples: Automatic Yrt (Ids Life Variable Life Separate Account)
Insolvency of the Ceding Company. In the event of the insolvency of the Ceding Company, all reinsurance payments will due under this Agreement shall be payable directly to the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor will shall give written notice to the Reinsurer Munich Re of all pending claims against the Ceding Company on any policies Policies reinsured within a reasonable time after such claim is filed in the insolvency proceeding. While a claim is pending, the Reinsurer Munich Re may investigate and interpose, at its own expense, in the proceeding where the claim is adjudicated, any defense or defenses that it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, or statutory successor. The expense incurred by the Reinsurer will Munich Re shall be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the ReinsurerMunich Re. Where two or more reinsurers are participating in the same claim and a majority in interest elect to interpose a defense or defenses to any such claim, the expense will shall be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will Munich Re shall be liable only for its proportionate share of the amounts reinsured and will shall not be or become liable for any amounts or reserves to be held by the Ceding Company on policies Policies reinsured under this Agreement. If, upon the liquidation of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company elects to recapture all of the Policies reinsured under this Agreement and terminate the Agreement in its entirety, such -------------------------------------------------------------------------------- TREATY #3684 MUNICH AMERICAN REASSURANCE COMPANY recapture and termination shall be subject to a terminal accounting and settlement as set forth in Section 22.1.
Appears in 1 contract
Samples: Automatic Yrt Reinsurance Agreement (Ameritas Variable Separate Account V)
Insolvency of the Ceding Company. In If the event of Ceding Company is judged insolvent, the insolvency Reinsurer will pay all reinsurance under this Agreement directly to the Ceding Company, its liquidator receiver or statutory successor on the basis of the Ceding Company, all reinsurance payments will be payable directly to ’s liability under the liquidator, rehabilitator, receiver, Reinsured Policy or statutory successor of the Ceding Company, Reinsured Policies without diminution because of the Ceding Company’s insolvency. It is understood, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidatorhowever, rehabilitator, receiver or statutory successor having authority to allow such claims. In that in the event of insolvency of the Ceding Company’s insolvency, the liquidator, rehabilitator, receiver, or statutory successor will give the Reinsurer written notice to the Reinsurer of all a pending claims against the Ceding Company Claim on any policies reinsured a Reinsured Policy within a reasonable time after such claim the Claim is filed in the insolvency proceedingproceedings. While a claim the Claim is pending, the Reinsurer may investigate and interpose, at its own expense, expense in the proceeding where the claim Claim is to be adjudicated, any defense or defenses that it which the Reinsurer may deem available to the Ceding Company or Company, its liquidator, rehabilitator, receiver, receiver or statutory successor. The It is further understood that the expense incurred by the Reinsurer incurs will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share of the benefit that which may accrue to the Ceding Company solely as a result of the defense undertaken by the ReinsurerReinsurer has undertaken. Where two or more reinsurers Reinsurers are participating involved in the same claim Claim and a majority in interest elect to interpose a defense or defenses to any such claimthe Claim, the expense expenses will be apportioned in accordance with the terms of this Agreement the reinsurance agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreementhad incurred the expense.
Appears in 1 contract
Insolvency of the Ceding Company. In the event of the insolvency of the Ceding Company, all reinsurance payments due under this Agreement will be payable directly to the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor will give written notice to the Reinsurer IHLIC of all pending claims against the Ceding Company on any policies reinsured within a reasonable time after such claim is filed in the insolvency proceeding. While a claim is pending, the Reinsurer IHLIC may investigate and interpose, at its own expense, in the proceeding where the claim is adjudicated, any defense or defenses that it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, or statutory successor. The expense incurred by the Reinsurer IHLIC will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the ReinsurerIHLIC. Where two or more reinsurers are participating in the same claim and a majority in interest elect to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer IHLIC will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreement.
Appears in 1 contract
Samples: Benefit Payments Procedure (First Trinity Financial CORP)
Insolvency of the Ceding Company. In the event of the insolvency of the Ceding Company, all reinsurance payments will be payable directly to the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor will give written notice to the Reinsurer of all pending claims against the Ceding Company on any policies reinsured within a reasonable time after such claim is filed in the insolvency proceeding. While a claim is pending, the Reinsurer may investigate and interpose, at its own expense, in the proceeding where the claim is adjudicated, any defense or defenses that it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, or statutory successor. The expense incurred by the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers are participating in the same claim and a majority in interest elect to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreement.. IDSL VUL4/LP Select Treaty 25
Appears in 1 contract
Samples: Automatic Yrt (Ids Life Variable Life Separate Account)
Insolvency of the Ceding Company. In the event of the insolvency of the Ceding Company, all reinsurance payments will be payable directly to the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor will give written notice to the Reinsurer of all pending claims against the Ceding Company on any policies reinsured within a reasonable time after such claim is filed in the insolvency proceeding. While a claim is pending, the Reinsurer may investigate and interpose, at its own expense, in the proceeding where the claim is adjudicated, any defense or defenses that it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, or statutory successor. The expense incurred by the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers are participating in the same claim and a majority in interest elect to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreement.. IDS VUL JLLS Generic Master Treaty
Appears in 1 contract
Samples: Automatic Yrt Reinsurance Agreement (Ids Life Variable Life Separate Account)
Insolvency of the Ceding Company. In the event of the insolvency of the Ceding Company, all reinsurance payments will be payable directly to the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor will give written notice to the Reinsurer of all pending claims against the Ceding Company on any policies reinsured within a reasonable time after such claim is filed in the insolvency proceeding. While a claim is pending, the Reinsurer may investigate and interpose, at its own expense, in the proceeding where the claim is adjudicated, any defense or defenses that it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, or statutory successor. The expense incurred by the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers are participating in the same claim and a majority in interest elect to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreement.. IDSL Succession Select Treaty
Appears in 1 contract
Samples: Automatic Yrt Reinsurance Agreement (Ids Life Variable Life Separate Account)
Insolvency of the Ceding Company. In the event of the insolvency of the Ceding Company, all reinsurance payments will be payable directly to the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor will give written notice to the Reinsurer of all pending claims against the Ceding Company on any policies reinsured within a reasonable time after such claim is filed in the insolvency proceeding. While a claim is pending, the Reinsurer may investigate and interpose, at its own expense, in the proceeding where the claim is adjudicated, any defense or defenses that it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, or statutory successor. The expense incurred by the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers are participating in the same claim and a majority in interest elect to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreement.. IDS Succession Select Treaty
Appears in 1 contract
Samples: Automatic Yrt Reinsurance Agreement (Ids Life Variable Life Separate Account)
Insolvency of the Ceding Company. In the event of the insolvency Insolvency of the Ceding Company, all reinsurance payments due under this Agreement will be payable directly to the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, receiver or statutory successor will give written notice to the Reinsurer of all pending claims against the Ceding Company on any policies reinsured within a reasonable time after such claim is filed in the insolvency Insolvency proceeding. While a claim is Is pending, the Reinsurer may investigate and interpose, at its own expense, in the proceeding where the claim is adjudicated, any defense or defenses that it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, receiver or statutory successor. The expense incurred by the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share Proportionate Share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the ReinsurerReInsurer. Where two or more reinsurers Reinsurers are participating in the same claim and a majority in In interest elect elects to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. , The Reinsurer will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreement. This insolvency clause shall not preclude the Reinsurer from asserting any excuse or defense to payment of this reinsurance other than the excuses or defenses of the insolvency of the Ceding Company and the failure of the Ceding Company's liquidator, receiver, conservator or statutory successor to pay all or a portion of any claim.
Appears in 1 contract
Samples: Reinsurance Agreement (Nationwide VLI Separate Account-7)
Insolvency of the Ceding Company. In the event of the insolvency of the Ceding Company, all reinsurance payments will be payable directly to the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor will give written notice to the Reinsurer of all pending claims against the Ceding Company on any policies reinsured within a reasonable time after such claim is filed in the insolvency proceeding. While a claim is pending, the Reinsurer may investigate and interpose, at its own expense, in the proceeding where the claim is adjudicated, any defense or defenses that it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, or statutory successor. The expense incurred by the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers are participating in the same claim and a majority in interest elect to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreement.. IDSL VUL4/LP Select Treaty 27
Appears in 1 contract
Samples: Automatic Yrt (Ids Life Variable Life Separate Account)
Insolvency of the Ceding Company. In the event of the insolvency of the Ceding Company, all reinsurance payments due under this Agreement will be payable directly to the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, receiver or statutory successor will give written notice to the Reinsurer of all pending claims against the Ceding Company on any policies reinsured within a reasonable time after such claim is filed in the insolvency proceeding. While a claim is pending, the Reinsurer may investigate and interpose, at its own expense, in the proceeding where the claim is adjudicated, any defense or defenses that it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, receiver or statutory successor. The expense incurred by the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share Proportionate Share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers Reinsurers are participating in the same claim and a majority in interest elect elects to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreement.. This insolvency clause shall not preclude the Reinsurer from asserting any excuse or defense to payment of this reinsurance other than the excuses or defenses of the insolvency of the Ceding Company and the failure of the Ceding Company’s liquidator, receiver, conservator or statutory successor to pay all or a portion of any claim. (R14) 00000-00-00 Final 23 3/12/2017
Appears in 1 contract
Samples: Reinsurer Agreement (Allstate Assurance Co Variable Life Separate Account)
Insolvency of the Ceding Company. In the event of the insolvency of the Ceding Company, all reinsurance payments will be payable directly to the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor will give written notice to the Reinsurer of all pending claims against the Ceding Company on any policies reinsured within a reasonable time after such claim is filed in the insolvency proceeding. While a claim is pending, the Reinsurer may investigate and interpose, at its own expense, in the proceeding where the claim is adjudicated, any defense or defenses that it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, or statutory successor. The expense incurred by the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers are participating in the same claim and a majority in interest elect to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreement.. IDSL-[redacted] VUL IV Plus/VUL IV Plus-ES Doc#2080256 27
Appears in 1 contract
Samples: Automatic Yrt (Ids Life Variable Life Separate Account)
Insolvency of the Ceding Company. In the event of the insolvency of the Ceding Company, all reinsurance payments will under this Agreement shall be payable by the Reinsurer, on the basis of the liability of the Ceding Company under the Policies, directly to the liquidator, rehabilitator, receiver, or statutory successor liquidator of the Ceding Company, without diminution because of the insolvencyinsolvency of the Ceding Company, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor will liquidator shall give written notice to the Reinsurer of all pending claims against the Ceding Company on any policies reinsured Policies, within a reasonable time after such claim is filed in the insolvency proceeding. While a claim is pending, the Reinsurer may investigate and interpose, at its own expense, in the proceeding where the claim is adjudicated, any defense or defenses that it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, or statutory successor. The expense incurred by the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers are participating in the same claim claim, and a majority in interest elect elects to interpose a defense or defenses to any such claim, the expense will shall be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreementthe Policies.
Appears in 1 contract
Samples: Yrt Reinsurance Agreement (American National Variable Life Separate Account)
Insolvency of the Ceding Company. In the event of the insolvency of the Ceding Company, all reinsurance payments will be payable directly to the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor will give written notice to the Reinsurer of all pending claims against the Ceding Company on any policies reinsured within a reasonable time after such claim is filed in the insolvency proceeding. While a claim is pending, the Reinsurer may investigate and interpose, at its own expense, in the proceeding where the claim is adjudicated, any defense or defenses that it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, or statutory successor. The expense incurred by the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where Where. two or more reinsurers are participating in the same claim and a majority in interest elect to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreement.. IDSL VUL4 / LP Select Treaty 26
Appears in 1 contract
Samples: Automatic Yrt (Ids Life Variable Life Separate Account)
Insolvency of the Ceding Company. In the event of the insolvency of the Ceding Company, all reinsurance payments due under this Agreement will be payable directly to the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor will give written notice to the Reinsurer MARC of all pending claims against the Ceding Company on any policies reinsured within a reasonable time after such claim is filed in the insolvency proceeding. While a claim is pending, the Reinsurer MARC may investigate and interpose, at its own expense, in the proceeding where the claim is adjudicated, any defense or defenses that it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, or statutory successor. The expense incurred by the Reinsurer MARC will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the ReinsurerMARC. Where two or more reinsurers are participating in the same claim and a majority in interest elect to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer MARC will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreement.. MARC Munich Re Group
Appears in 1 contract
Samples: Nationwide VL Separate Account-G
Insolvency of the Ceding Company. In the event that the Ceding Company is deemed insolvent, all reinsurance death claims payable hereunder will be payable by the Reinsurer directly to the Ceding Company, its liquidator, receiver or statutory successor on the basis of the liability of the Ceding Company for benefits under the Reinsured Policy, without diminution because of the insolvency of the Ceding Company. It is understood, all reinsurance payments will be payable directly to however, that in the event of such insolvency, the liquidator, rehabilitator, receiver, receiver or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor will give written notice notice, to the Reinsurer of all pending claims the pendency of a death claim against the Ceding Company on any policies a Risk reinsured hereunder within a reasonable time after such death claim is filed in the insolvency proceeding. While Such notice will indicate the policy reinsured and whether the death claim could involve a claim is pendingpossible liability on the part of the Reinsurer. The Reinsurer will be liable only for benefits reinsured as benefits become due under the terms of the Reinsured Policies and will not be or become liable for any amounts or reserves to be held by the Ceding Company as to the Reinsured Policies or for any damages or payments resulting from the termination or restructure of the Policies that are not otherwise expressly covered by this Agreement. During the pendency of such claim, the Reinsurer may investigate such death claim and interpose, at its own expense, in the proceeding where the such death claim is to be adjudicated, any defense or defenses that it may deem available to the Ceding Company or Company, its liquidator, rehabilitator, receiver, receiver or statutory successor. The It is further understood that the expense thus incurred by the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share of the benefit that may may. accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers are participating in the same claim and a majority in interest elect to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreement.
Appears in 1 contract
Samples: Automatic/Facultative (Minnesota Life Individual Variable Universal Life Account)
Insolvency of the Ceding Company. In the event of the insolvency of the Ceding Company, all reinsurance payments will be payable directly to the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor will give written notice to the Reinsurer of all pending claims against the Ceding Company on any policies reinsured within a reasonable time after such claim is filed in the insolvency proceeding. While a claim is pending, the Reinsurer may investigate and interpose, at its own expense, in the proceeding where the claim is adjudicated, any defense or defenses that it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, or statutory successor. The expense incurred by the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers are participating in the same claim and a majority in interest elect to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreement.. IDSL - [redacted] 28 VUL IV Plus/VUL IV Plus-ES Doc# 2081398
Appears in 1 contract
Samples: Automatic Yrt (Ids Life Variable Life Separate Account)
Insolvency of the Ceding Company. In the event of the insolvency of the Ceding Company, all reinsurance payments due under this Agreement will be payable directly to the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, receiver or statutory successor will give written notice to the Reinsurer of all pending claims against the Ceding Company on any policies reinsured within a reasonable time after such claim is filed in the insolvency proceeding. While a claim is pending, the Reinsurer may investigate and interpose, at its own expense, in the proceeding where the claim is adjudicated, any defense or defenses that it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, receiver or statutory successor. The expense incurred by the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share Proportionate Share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers Reinsurers are participating in the same claim and a majority in interest elect elects to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreement.. This insolvency clause shall not preclude the Reinsurer from asserting any excuse or defense to payment of this reinsurance other than the excuses or defenses of the insolvency of the Ceding Company and the failure of the Ceding Company’s liquidator, receiver, conservator or statutory successor to pay all or a portion of any claim. (460, C01) 10000-00-00 25 12/14/2017
Appears in 1 contract
Samples: Reinsurance Agreement (Penn Mutual Variable Life Account I)
Insolvency of the Ceding Company. In the event of the insolvency of the Ceding Company, all reinsurance payments made, ceded, renewed or otherwise due under this Agreement will be payable to the Ceding Company or directly to the liquidator, rehabilitator, receiver, or statutory successor of the Ceding CompanyCompany on the basis of the liabilities of the Ceding Company under the Policies, without diminution because of the insolvency, for those claims allowed against insolvency of the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claimsCompany. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor will give written notice to the Reinsurer of all pending claims against the Ceding Company on any policies reinsured Policies within a reasonable time after such claim is filed in the insolvency proceeding. While a claim is pending, the Reinsurer may investigate and interpose, at its own expense, in the proceeding where the claim is adjudicated, any defense or defenses that it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, or statutory successor. The expense incurred by the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers are participating in the same claim and a majority in interest elect elects to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement the reinsurance agreements to which the reinsurers are a party, or as mutually agreed, as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share No insolvency, rehabilitation, or liquidation of Ceding Company shall constitute a breach of this Agreement. In the event of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by insolvency of the Ceding Company on policies reinsured Company, the right of offset afforded under this AgreementArticle XII will remain in full force and effect to the extent permitted by Applicable Law.
Appears in 1 contract
Samples: Reinsurance Agreement (Delaware Life Variable Account F)
Insolvency of the Ceding Company. In the event that the Ceding Company is deemed insolvent, all reinsurance death claims payable hereunder will be payable by the Reinsurer directly to the Ceding Company, its liquidator, receiver or statutory successor on the basis of the liability of the Ceding Company for benefits under the Reinsured Policy, without diminution because of the insolvency of the Ceding Company. It is understood, all reinsurance payments will be payable directly to however, that in the event of such insolvency, the liquidator, rehabilitator, receiver, receiver or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor will give written notice to the Reinsurer of all pending claims the pendency of a death claim against the Ceding Company on any policies a Risk reinsured hereunder within a reasonable time after such death claim is filed in the insolvency proceeding. While Such notice will indicate the policy reinsured and whether the death claim could involve a claim is pendingpossible liability on the part of the Reinsurer. The Reinsurer will be liable only for benefits reinsured as benefits become due under the terms of the Reinsured Policies and will not be or become liable for any amounts or reserves to be held by the Ceding Company as to the Reinsured Policies or for any damages or payments resulting from the termination or restructure of the Policies that are not otherwise expressly covered by this Agreement. During the pendency of such claim, the Reinsurer may investigate such death claim and interpose, at its own expense, in the proceeding where the such death claim is to be adjudicated, any defense or defenses that it may deem available to the Ceding Company or Company, its liquidator, rehabilitator, receiver, receiver or statutory successor. The It is further understood that the expense thus incurred by the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers Reinsurers are participating in the same death claim and a majority in interest elect (determined with respect to shares of Net Amount at Risk) elects to interpose a defense or defenses to any such death claim, the expense will be apportioned among the Reinsurers in accordance with the terms of this Agreement as though such expense had been incurred by same proportion that the Ceding Company. The Reinsurer will be liable only for its proportionate share Reinsurer’s net liability bears to the sum of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by net liability of all Reinsurers on the Ceding Company on policies reinsured under this Agreementinsured’s date of death.
Appears in 1 contract
Samples: Facultative Yrt (Minnesota Life Individual Variable Universal Life Account)
Insolvency of the Ceding Company. In the event of the insolvency of the Ceding Company, all reinsurance payments due under this Agreement will be payable directly to the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor will give written notice to the Reinsurer XXXX of all pending claims against the Ceding Company on any policies reinsured within a reasonable time after such claim is filed in the insolvency proceeding. While a claim is pending, the Reinsurer XXXX may investigate and interpose, at its own expense, in the proceeding where the claim is adjudicated, any defense or defenses that it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, or statutory successor. The expense incurred by the Reinsurer XXXX will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the ReinsurerXXXX. Where two or more reinsurers are participating in the same claim and a majority in interest elect to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer XXXX will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreement.
Appears in 1 contract
Samples: Automatic Yrt Reinsurance Agreement (National Variable Life Insurance Account)
Insolvency of the Ceding Company. In the event of the insolvency of the Ceding Company, all reinsurance payments will due under this Agreement shall be payable directly to the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor will shall give written notice to the Reinsurer MARC of all pending claims against the Ceding Company on any policies Policies reinsured within a reasonable time after such claim is filed in the insolvency proceeding. While a claim is pending, the Reinsurer MARC may investigate and interpose, at its own expense, in the proceeding where the claim is adjudicated, any defense or defenses that it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, or statutory successor. The expense incurred by the Reinsurer will MARC shall be chargeable, subject to court approval, against the Ceding Company as part of the expense of rehabilitation or liquidation to the extent of a proportionate share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the ReinsurerMARC. Where two or more reinsurers are participating in the same claim and a majority in interest elect to interpose a defense or defenses to any such claim, the expense will shall be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will MARC shall be liable only for its proportionate share of the amounts reinsured and will shall not be or become liable for any amounts or reserves to be held by the Ceding Company on policies Policies reinsured under this Agreement. If, upon the liquidation of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company elects to recapture all of the Policies reinsured under this Agreement and terminate the Agreement in its entirety, such recapture and termination shall be subject to a terminal accounting and settlement as set forth in Article 22.
Appears in 1 contract
Samples: Reinsurance Agreement (Ameritas Variable Separate Account V)
Insolvency of the Ceding Company. In If the event of Ceding Company is judged insolvent, the insolvency of Reinsurer will pay all reinsurance under this Agreement directly to the Ceding Company, all reinsurance payments will be payable directly to the its liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In on the event basis of insolvency the Reinsurer's liability under the Policy or Policies reinsured without decrease because of the Ceding Company's insolvency. It is understood, however, that in the event of the Ceding Company's insolvency the liquidator, rehabilitator, receiver, receiver or statutory successor will give the Reinsurer written notice to the Reinsurer of all a pending claims against the Ceding Company claim on any policies reinsured a Policy within a reasonable time after such the claim is filed in the insolvency proceedingproceedings. While a the claim is pending, the Reinsurer may investigate and interpose, interpose at its own expense, expense in the proceeding proceedings where the claim is to be adjudicated, any defense or defenses that it which the Reinsurer may deem available to the Ceding Company or Company, its liquidator, rehabilitator, receiver, receiver or statutory successor. The It is further understood that the expense incurred by the Reinsurer incurs will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share of the benefit that which may accrue to the Ceding Company solely as a result of the defense undertaken by the ReinsurerReinsurer has undertaken. Where two or more reinsurers are participating involved in the same claim and a majority in interest elect elects to interpose a defense or defenses to any such the claim, the expense expenses will be apportioned in accordance with the terms of this Agreement the retrocession agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured had incurred the expense. Should the Ceding Company go into liquidation or should a receiver be appointed, all amounts due to the Ceding Company or the Reinsurer under this AgreementAgreement shall be subject to the right of offset at any time and from time to time, and upon the exercise of same, only the net balance will be due. The application of the offset in the event of insolvency shall not be deemed to constitute diminution.
Appears in 1 contract
Samples: Reinsurance Agreement (John Hancock Life Insurance Co (Usa) Separate Account H)
Insolvency of the Ceding Company. In the event of the insolvency of the Ceding Company, all reinsurance payments due under this Agreement will be payable directly to the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor will give written notice to the Reinsurer REINSURER of all pending claims against the Ceding Company on any policies reinsured within a reasonable time after such claim is filed in the insolvency proceeding. While a claim is pending, the Reinsurer REINSURER may investigate and interpose, at its own expense, in the proceeding where the claim is adjudicated, any defense or defenses that it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, or statutory successor. The expense incurred by the Reinsurer REINSURER will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the ReinsurerREINSURER. Where two or more reinsurers are participating in the same claim and a majority in interest elect to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer REINSURER will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreement.
Appears in 1 contract
Samples: Automatic Yrt Reinsurance Agreement (National Variable Life Insurance Account)
Insolvency of the Ceding Company. In the event of the insolvency of the Ceding Company, all reinsurance payments will be payable directly to the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor will give written notice to the Reinsurer of all pending claims against the Ceding Company on any policies reinsured within a reasonable time after such claim is filed in the insolvency proceeding. While a claim is pending, the Reinsurer may investigate and interpose, at its own expense, in the proceeding where the claim is adjudicated, any defense or defenses that it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, or statutory successor. The expense incurred by the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers are participating in the same claim and a majority in interest elect to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreement.. IDSL - [redacted] VUL IV Plus/VUL IV Plus-ES Doc# 2080257 27
Appears in 1 contract
Samples: Automatic Yrt (Ids Life Variable Life Separate Account)
Insolvency of the Ceding Company. In the event of the insolvency of the Ceding Company, all reinsurance payments will be payable directly to the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor will give written notice to the Reinsurer of all pending claims against the Ceding Company on any policies reinsured within a reasonable time after such claim is filed in the insolvency proceeding. While a claim is pending, the Reinsurer may investigate and interpose, at its own expense, in the proceeding where the claim is adjudicated, any defense or defenses that it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, or statutory successor. The expense incurred by the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers are participating in the same claim and a majority in interest elect elects to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreement.. IDSL-NY Succession Select Treaty
Appears in 1 contract
Samples: Ids Life of New York Account 8
Insolvency of the Ceding Company. In the event of the insolvency of the Ceding Company, all reinsurance payments due under this Agreement will be payable directly to the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, receiver or statutory successor will give written notice to the Reinsurer of all pending claims against the Ceding Company on any policies reinsured within a reasonable time after such claim is filed in the insolvency proceeding. While a claim is pending, the Reinsurer may investigate and interpose, at its own expense, in the proceeding where the claim is adjudicated, any defense or defenses that it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, receiver or statutory successor. The expense incurred by the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation to the extent of a proportionate share Proportionate Share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers Reinsurers are participating in the same claim and a majority in interest elect elects to interpose a defense or defenses to any such claim, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share of the amounts reinsured and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under this Agreement.. This insolvency clause shall not preclude the Reinsurer from asserting any excuse or defense to payment of this reinsurance other than the excuses or defenses of the insolvency of the Ceding Company and the failure of the Ceding Company's liquidator, receiver, conservator or statutory successor to pay all or a portion of any claim. (019)11220-00-00 00 2/16/2011
Appears in 1 contract
Samples: Reinsurance Agreement (Ameritas Variable Separate Account V)
Insolvency of the Ceding Company. In the event of the insolvency of the Ceding Company, all reinsurance payments due under this Agreement will be payable directly to the liquidator, rehabilitator, receiver, or statutory successor of the Ceding Company, without diminution because of the insolvency, for those claims allowed against the Ceding Company by any court of competent jurisdiction or by the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor will give written notice to the Reinsurer of all pending claims against the Ceding Company on any policies reinsured within a reasonable time after such claim is filed in the insolvency proceeding. While a claim is pending, the Reinsurer may investigate and interpose, at its own expense, in the proceeding where the claim is adjudicated, any defense or defenses that it may deem available to the Ceding Company or its liquidator, rehabilitator, receiver, or statutory successor. The expense incurred by the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part of the expense of liquidation its insolvency proceedings to the extent of a proportionate share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers are participating in the same claim and a majority in interest elect to interpose a defense or defenses to any such claim, . the expense will It be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share benefits reinsured as benefits become due under the tern-is of the amounts reinsured policies and will not be or become liable for any amounts or reserves to be held by the Ceding Company on as to the reinsured policies reinsured under or for any damages or payments resulting from the termination or restructure of the policies that are not otherwise covered by this Agreement.
Appears in 1 contract
Insolvency of the Ceding Company. In the event of the insolvency insolvency, liquidation or rehabilitation of the Ceding Company, all reinsurance payments will be payable directly to Company or the appointment of a liquidator, rehabilitator, receiver, receiver or statutory successor of the Ceding Company, the reinsurance coverage provided hereunder shall be payable by the Reinsurer directly to the Ceding Company or to its liquidator, receiver or statutory successor except (1) when the contract or other written agreement specifically provides another payee of such reinsurance in the event of the insolvency of the ceding insurer or (2) when the assuming insurer, with the consent of the direct insured, has assumed such policy obligations of the ceding insurer as direct obligations of the assuming insurer to the payees under such policies and in substitution for the obligations of the ceding insurer to such payees, on the basis of the liability of the Ceding Company for the Reinsured Liabilities without diminution because of the such insolvency, liquidation, rehabilitation or appointment or because such liquidator, receiver or statutory successor has failed to pay any claims or any portion thereof. In any such event, the reinsurance being provided hereunder shall be payable immediately upon demand, with reasonable provision for those verification, on the basis of claims allowed against the Ceding Company by any court of competent jurisdiction or by any liquidator, receiver or statutory successor. In any such event, the liquidator, rehabilitator, receiver or statutory successor having authority to allow such claims. In the event of insolvency of the Ceding Company, the liquidator, rehabilitator, receiver, or statutory successor will Company shall give written notice to the Reinsurer of all pending claims the pendency of each claim against the Ceding Company on any policies reinsured with respect to such Reinsured Liabilities within a reasonable time after each such claim is filed in the insolvency insolvency, liquidation or rehabilitation proceeding. While a claim is pendingDuring the pendency of any such claims, the Reinsurer may investigate and interposemay, at its own expense, investigate such claim and interpose in the proceeding where the in which such claim is adjudicated, to be adjudicated any defense or defenses that it the Reinsurer may reasonably deem available to the Ceding Company or its liquidator, rehabilitator, receiver, receiver or statutory successor. The expense incurred by For the Reinsurer will be chargeable, subject to court approval, against the Ceding Company as part avoidance of the expense of liquidation to the extent of a proportionate share of the benefit that may accrue to the Ceding Company solely as a result of the defense undertaken by the Reinsurer. Where two or more reinsurers are participating in the same claim and a majority in interest elect to interpose a defense or defenses to any such claimdoubt, the expense will be apportioned in accordance with the terms of this Agreement as though such expense had been incurred by the Ceding Company. The Reinsurer will be liable only for its proportionate share benefits reinsured as benefits become due under the terms of the amounts reinsured Reinsured Policies and will not be or become liable for any amounts or reserves to be held by the Ceding Company on policies reinsured under as to the Reinsured Policies or for any damages or payments resulting from the termination or restructuring of the Reinsured Policies, in each case, that are not otherwise expressly covered by this Agreement..
Appears in 1 contract