Common use of Loss Notices and Settlements Clause in Contracts

Loss Notices and Settlements. The Company will advise the Reinsurers promptly of all losses that, in the opinion of the Company, may involve the Reinsurers under this Exhibit B and of all subsequent developments pertaining thereto that may materially affect the Reinsurers as well. Inadvertent omission in dispatching the aforementioned notices will in no way affect the obligation of the Reinsurers under this Exhibit B, provided the Company informs the Reinsurers of such omission promptly upon discovery. The Company will have the right to settle all claims under its policies. The settlements, provided they are within the terms of this Exhibit B, will be binding on the Reinsurers in proportion to their participation in this Exhibit B. When so requested, however, the Company will afford the Reinsurers, at the Reinsurers' own expense, an opportunity to be associated with the Company in the defense of any claim, suit, or proceeding involving this Agreement, and the Company and the Reinsurers will cooperate in every respect in such defense. Amounts due the Company hereunder in the settlement of loss and loss expense will be payable by the Reinsurers immediately upon being furnished by the Company with reasonable evidence of the amount paid or to be paid in excess of the Company's retention as set forth in the Retention and Limit section of this Exhibit B. In the event of a loss involving this Exhibit B, the loss will be recovered as follows:

Loss Notices and Settlements. The Company will advise the Reinsurers promptly of all losses that, in the opinion of the Company, may involve the Reinsurers under this Exhibit B C and of all subsequent developments pertaining thereto that may materially affect the Reinsurers as well. Inadvertent omission in dispatching the aforementioned notices will in no way affect the obligation of the Reinsurers under this Exhibit BC, provided the Company informs the Reinsurers of such omission promptly upon discovery. The Company will have the right to settle all claims under its policies. The settlements, provided they are within the terms of this Exhibit BC, will be binding on the Reinsurers in proportion to their participation in this Exhibit B. C. When so requested, however, the Company will afford the Reinsurers, at the Reinsurers' own expense, an opportunity to be associated with the Company in the defense of any claim, suit, or proceeding involving this Agreement, and the Company and the Reinsurers will cooperate in every respect in such defense. Amounts due the Company hereunder in the settlement of loss and loss expense will be payable by the Reinsurers immediately upon being furnished by the Company with reasonable evidence of the amount paid or to be paid in excess of the Company's retention as set forth in the Retention and Limit section of this Exhibit B. In the event C. [Missing Graphic Reference] 10\AQUA0005 Prudential Insurance Company of a loss involving this America Cession Statement as of [date] Exhibit BA Month 1 Month 2 Month 3 Total Gross Earned Premium $ $ $ $ Less federal excise tax, the loss will be recovered if applicable $ $ $ $ Less inuring treaty reinsurance (current rate times NEP)*100% $ $ $ $ Less inuring facultative reinsurance (100%), as followslisted below:

Loss Notices and Settlements. The Company will advise the Reinsurers promptly of all losses that, in the opinion of the Company, may involve the Reinsurers under this Exhibit B C and of all subsequent developments pertaining thereto that may materially affect the Reinsurers as well. Inadvertent omission in dispatching the aforementioned notices will in no way affect the obligation of the Reinsurers under this Exhibit BC, provided the Company informs the Reinsurers of such omission promptly upon discovery. The Company will have the right to settle all claims under its policies. The settlements, provided they are within the terms of this Exhibit BC, will be binding on the Reinsurers in proportion to their participation in this Exhibit B. C. When so requested, however, the Company will afford the Reinsurers, at the Reinsurers' own expense, an opportunity to be associated with the Company in the defense of any claim, suit, or proceeding involving this Agreement, and the Company and the Reinsurers will cooperate in every respect in such defense. Amounts due the Company hereunder in the settlement of loss and loss expense will be payable by the Reinsurers immediately upon being furnished by the Company with reasonable evidence of the amount paid or to be paid in excess of the Company's retention as set forth in the Retention and Limit section of this Exhibit B. C. Aon Bxxxxxxx In the event of a loss involving this Exhibit BC, the loss will be recovered as follows:

Loss Notices and Settlements. The Company will advise the Reinsurers promptly of all losses that, in the opinion of the Company, may involve the Reinsurers under this Exhibit B Agreement and of all subsequent developments pertaining thereto that may materially affect the Reinsurers as well. Inadvertent omission in dispatching the aforementioned notices will in no way affect the obligation of the Reinsurers under this Exhibit BAgreement, provided the Company informs the Reinsurers of such omission promptly upon discovery. The Company will have the right to settle all claims under its policies. The settlements, provided they are within the terms of this Exhibit BAgreement, will be unconditionally binding on the Reinsurers in proportion to their participation in this Exhibit B. Agreement. When so requested, however, the Company will afford the Reinsurers, at the Reinsurers' ’ own expense, an opportunity to be associated with the Company in the defense of any claim, suit, or proceeding involving this Agreement, and the Company and the Reinsurers will cooperate in every respect in such defense. Amounts due the Company hereunder in the settlement of loss and loss expense will be payable by the Reinsurers immediately upon being furnished by the Company with reasonable evidence of the amount paid or to be paid in excess of the Company's ’s retention as set forth in the Retention and Limit section of this Exhibit B. In the event of a loss involving this Exhibit BArticle. Any inadvertent delay, the loss error, or omission will not be held to relieve either party hereto from any liability that would attach to it hereunder if such delay, error, or omission had not been made, providing any error or omission will be recovered as follows:rectified upon discovery.

Loss Notices and Settlements. The Company will advise the Reinsurers promptly of all losses that, in the opinion of the Company, may involve the Reinsurers under this Exhibit B C and of all subsequent developments pertaining thereto that may materially affect the Reinsurers as well. Inadvertent omission in dispatching the aforementioned notices will in no way affect the obligation of the Reinsurers under this Exhibit BC, provided the Company informs the Reinsurers of such omission promptly upon discovery. The Company will have the right to settle all claims under its policies. The settlements, provided they are within the terms of this Exhibit BC, will be binding on the Reinsurers in proportion to their participation in this Exhibit B. C. When so requested, however, the Company will afford the Reinsurers, at the Reinsurers' own expense, an opportunity to be associated with the Company in the defense of any claim, suit, or proceeding involving this Agreement, and the Company and the Reinsurers will cooperate in every respect in such defense. Amounts due the Company hereunder in the settlement of loss and loss expense will be payable by the Reinsurers immediately upon being furnished by the Company with reasonable evidence of the amount paid or to be paid in excess of the Company's retention as set forth in the Retention and Limit section of this Exhibit B. C. [Missing Graphic Reference] 13\AQUA1007 [Missing Graphic Reference] In the event of a loss involving this Exhibit BC, the loss will be recovered as follows:

Loss Notices and Settlements. The Company will advise the Reinsurers promptly of all losses that, in the opinion of the Company, may involve the Reinsurers under this Exhibit B and of all subsequent developments pertaining thereto that may materially affect the Reinsurers as well. Inadvertent omission in dispatching the aforementioned notices will in no way affect the obligation of the Reinsurers under this Exhibit B, provided the Company informs the Reinsurers of such omission promptly upon discovery. The Company will have the right to settle all claims under its policies. The settlements, provided they are within the terms of this Exhibit B, will be binding on the Reinsurers in proportion to their participation in this Exhibit B. When so requested, however, the Company will afford the Reinsurers, at the Reinsurers' own expense, an opportunity to be associated with the Company in the defense of any claim, suit, or proceeding involving this Agreement, and the Company and the Reinsurers will cooperate in every respect in such defense. Amounts due the Company hereunder in the settlement of loss and loss expense will be payable by the Reinsurers immediately upon being furnished by the Company with reasonable evidence of the amount paid or to be paid in excess of the Company's retention as set forth in the Retention and Limit section of this Exhibit B. [Missing Graphic Reference] 12\AQUA1007 21 Missing Graphic Reference] In the event of a loss involving this Exhibit B, the loss will be recovered as follows:

Loss Notices and Settlements. The Company will advise the Reinsurers promptly of all losses that, in the opinion of the Company, may involve the Reinsurers under this Exhibit B C and of all subsequent developments pertaining thereto that may materially affect the Reinsurers as well. Inadvertent omission in dispatching the aforementioned notices will in no way affect the obligation of the Reinsurers under this Exhibit BC, provided the Company informs the Reinsurers of such omission promptly upon discovery. The Company will have the right to settle all claims under its policies. The settlements, provided they are within the terms of this Exhibit BC, will be binding on the Reinsurers in proportion to their participation in this Exhibit B. C. When so requested, however, the Company will afford the Reinsurers, at the Reinsurers' own expense, an opportunity to be associated with the Company in the defense of any claim, suit, or proceeding involving this Agreement, and the Company and the Reinsurers will cooperate in every respect in such defense. Amounts due the Company hereunder in the settlement of loss and loss expense will be payable by the Reinsurers immediately upon being furnished by the Company with reasonable evidence of the amount paid or to be paid in excess of the Company's retention as set forth in the Retention and Limit section of this Exhibit B. In the event of a loss involving this Exhibit B, the loss will be recovered as follows:C. (07/24/08)

Loss Notices and Settlements. The Company will advise the Reinsurers promptly of all losses that, in the opinion of the Company, may involve the Reinsurers under this Exhibit B and of all subsequent developments pertaining thereto that may materially affect the Reinsurers as well. Inadvertent omission in dispatching the aforementioned notices will in no way affect the obligation of the Reinsurers under this Exhibit B, provided the Company informs the Reinsurers of such omission promptly upon discovery. [Missing Graphic Reference] 10\AQUA0005 The Company will have the right to settle all claims under its policies. The settlements, provided they are within the terms of this Exhibit B, will be binding on the Reinsurers in proportion to their participation in this Exhibit B. When so requested, however, the Company will afford the Reinsurers, at the Reinsurers' own expense, an opportunity to be associated with the Company in the defense of any claim, suit, or proceeding involving this Agreement, and the Company and the Reinsurers will cooperate in every respect in such defense. Amounts due the Company hereunder in the settlement of loss and loss expense will be payable by the Reinsurers immediately upon being furnished by the Company with reasonable evidence of the amount paid or to be paid in excess of the Company's retention as set forth in the Retention and Limit section of this Exhibit B. In the event of a loss involving this Exhibit B, the loss will be recovered as follows:[Missing Graphic Reference] 10\AQUA0005

Loss Notices and Settlements. The Company will advise the Reinsurers promptly of all losses that, in the opinion of the Company, may involve the Reinsurers under this Exhibit B and of all subsequent developments pertaining thereto that may materially affect the Reinsurers as well. Inadvertent omission in dispatching the aforementioned notices will in no way affect the obligation of the Reinsurers under this Exhibit B, provided the Company informs the Reinsurers of such omission promptly upon discovery. (07/24/08) The Company will have the right to settle all claims under its policies. The settlements, provided they are within the terms of this Exhibit B, will be binding on the Reinsurers in proportion to their participation in this Exhibit B. When so requested, however, the Company will afford the Reinsurers, at the Reinsurers' own expense, an opportunity to be associated with the Company in the defense of any claim, suit, or proceeding involving this Agreement, and the Company and the Reinsurers will cooperate in every respect in such defense. Amounts due the Company hereunder in the settlement of loss and loss expense will be payable by the Reinsurers immediately upon being furnished by the Company with reasonable evidence of the amount paid or to be paid in excess of the Company's retention as set forth in the Retention and Limit section of this Exhibit B. In the event of a loss involving this Exhibit B, the loss will be recovered as follows:(07/24/08)

Loss Notices and Settlements. The Company will advise the Reinsurers Reinsurer promptly of all losses Losses that, in the opinion of the Company, may involve the Reinsurers Reinsurer under this Exhibit B Agreement and of all subsequent developments pertaining thereto that may materially affect the Reinsurers Reinsurer as well. Inadvertent omission in dispatching the aforementioned notices will in no way affect the obligation of the Reinsurers Reinsurer under this Exhibit BAgreement, provided the Company informs the Reinsurers Reinsurer of such omission promptly upon discovery. AR 17169-08 -- 7/1/08 7 (02/29/08) The Company will have the right to settle all claims under its policies. The settlements, provided they are within the terms of this Exhibit BAgreement, will be unconditionally binding on the Reinsurers Reinsurer in proportion to their its participation in this Exhibit B. Agreement. When so requested, however, the Company will afford the ReinsurersReinsurer, at the Reinsurers' Reinsurer's own expense, an opportunity to be associated with the Company in the defense of any claim, suit, or proceeding involving this Agreement, and the Company and the Reinsurers Reinsurer will cooperate in every respect in such defense. Amounts due the Company hereunder in the settlement of loss and loss expense Loss will be payable by the Reinsurers Reinsurer immediately upon being furnished by the Company with reasonable evidence of the amount paid or to be paid in excess of the Company's retention as set forth in the Retention and Limit section of this Exhibit B. In the event of a loss involving this Exhibit B, the loss will be recovered as follows:paid.

Loss Notices and Settlements. A. The Company will advise the Reinsurers promptly of all losses that, in the opinion of the Company, may involve the Reinsurers under this Exhibit B Contract and of all subsequent developments pertaining thereto that may materially affect the Reinsurers as well. Inadvertent omission in dispatching the aforementioned notices will in no way affect the obligation of the Reinsurers under this Exhibit BContract, provided the Company informs the Reinsurers of such omission promptly upon discovery. . B. The Company will have the right to settle all claims under its policies. The settlements, provided they are within the terms of this Exhibit BContract, will be unconditionally binding on the Reinsurers in proportion to their participation in this Exhibit B. Contract. When so requested, however, the Company will afford the Reinsurers, at the Reinsurers' own expense, an opportunity to be associated with the Company in the defense of any claim, suit, or proceeding involving this AgreementContract, and the Company and the Reinsurers will cooperate in every respect in such defense. Amounts due the Company hereunder in the settlement of loss and loss expense will be payable by the Reinsurers immediately upon being furnished by the Company with reasonable evidence of the amount paid or to be paid in excess of the Company's retention as set forth in the Retention and Limit section of this Exhibit B. In the event of a loss involving this Exhibit B, the loss will be recovered as follows:Article hereof.

Loss Notices and Settlements. The Company will advise the Reinsurers promptly of all losses reserved at $100,000 from the ground up, or that, in the opinion of the Company, may involve the Reinsurers under this Exhibit B Agreement, and of all subsequent developments pertaining thereto that may materially affect the Reinsurers them as well; however, such losses will be reported to the Second and higher Layers only if a cession has been made to the Layer in question. Inadvertent omission in dispatching the aforementioned notices will in no way affect the obligation of the Reinsurers under this Exhibit BAgreement, provided the Company informs the Reinsurers of such omission promptly upon discovery. FLORIDA PHYSICIANS INSURANCE COMPANY HEALTH CARE FACILITIES CASUALTY EXCESS OF LOSS AR 4303 The Company will have the right to settle all claims under its policies. The settlements, provided they are within the terms of the Company's policies and of this Exhibit BAgreement, will be unconditionally binding on the Reinsurers in proportion to their participation in this Exhibit B. Agreement. The Company will likewise, at its sole discretion, commence, continue, defend, or withdraw from actions, suits, or proceedings and generally handle all matters related to all claims and losses, and all payments made and costs and expenses incurred in connection therewith, or in taking legal advice therefor, will be shared by the Reinsurers. When so requested, however, the Company will afford the Reinsurers, at the Reinsurers' own expense, an opportunity to be associated with the Company in the defense of any claim, suit, or proceeding involving this Agreement, and the Company and the Reinsurers will cooperate in every respect in such defense. Amounts due the Company hereunder in the settlement of ultimate net loss and loss expense will be payable by the Reinsurers immediately upon being furnished by the Company with reasonable evidence of the amount paid or to be paid in excess of the Company's retention as set forth in the Retention and Limit section Sections of this Exhibit B. In the event of a loss involving this Exhibit B, the loss Exhibits attached hereto. EXTRA CONTRACTUAL OBLIGATIONS AND EXCESS LIMITS LIABILITY This Agreement will be recovered as followsextend to cover any losses arising from claims-related extra contractual obligations and/or excess limits liability:

Loss Notices and Settlements. The Company will advise the Reinsurers promptly of all losses that, in the opinion of the Company, may involve the Reinsurers under this Exhibit B C and of all subsequent developments pertaining thereto that may materially affect the Reinsurers as well. Inadvertent omission in dispatching the aforementioned notices will in no way affect the obligation of the Reinsurers under this Exhibit BC, provided the Company informs the Reinsurers of such omission promptly upon discovery. The Company will have the right to settle all claims under its policies. The settlements, provided they are within the terms of this Exhibit BC, will be binding on the Reinsurers in proportion to their participation in this Exhibit B. C. When so requested, however, the Company will afford the Reinsurers, at the Reinsurers' own expense, an opportunity to be associated with the Company in the defense of any claim, suit, or proceeding involving this Agreement, and the Company and the Reinsurers will cooperate in every respect in such defense. Amounts due the Company hereunder in the settlement of loss and loss expense will be payable by the Reinsurers immediately upon being furnished by the Company with reasonable evidence of the amount paid or to be paid in excess of the Company's retention as set forth in the Retention and Limit section of this Exhibit B. C. [Missing Graphic Reference] 10\AQUA1001 In the event of a loss involving this Exhibit BC, the loss will be recovered as follows:

Loss Notices and Settlements. The Company will advise the Reinsurers promptly of all losses that, in the opinion of the Company, may involve the Reinsurers under this Exhibit B C and of all subsequent developments pertaining thereto that may materially affect the Reinsurers as well. Inadvertent omission in dispatching the aforementioned notices will in no way affect the obligation of the Reinsurers under this Exhibit BC, provided the Company informs the Reinsurers of such omission promptly upon discovery. The Company will have the right to settle all claims under its policies. The settlements, provided they are within the terms of this Exhibit BC, will be binding on the Reinsurers in proportion to their participation in this Exhibit B. C. When so requested, however, the Company will afford the Reinsurers, at the Reinsurers' own expense, an opportunity to be associated with the Company in the defense of any claim, suit, or proceeding involving this Agreement, and the Company and the Reinsurers will cooperate in every respect in such defense. Amounts due the Company hereunder in the settlement of loss and loss expense will be payable by the Reinsurers immediately upon being furnished by the Company with reasonable evidence of the amount paid or to be paid in excess of the Company's retention as set forth in the Retention and Limit section of this Exhibit B. In the event C. [Missing Graphic Reference] AR 16817-09 -- 7/1/09 (07/01/09) Cession Statement as of a loss involving this [date] Exhibit BA Month 1 Month 2 Month 3 Total Gross Earned Premium $ $ $ $ Less federal excise tax, the loss will be recovered if applicable $ $ $ $ Less inuring treaty reinsurance (current rate times NEP)*100% $ $ $ $ Less inuring facultative reinsurance (100%), as followslisted below:

Loss Notices and Settlements. The Company will advise the Reinsurers promptly of all losses that, in the opinion of the Company, may involve the Reinsurers under this Exhibit B C and of all subsequent developments pertaining thereto that may materially affect the Reinsurers as well. Inadvertent omission in dispatching the aforementioned notices will in no way affect the obligation of the Reinsurers under this Exhibit BC, provided the Company informs the Reinsurers of such omission promptly upon discovery. The Company will have the right to settle all claims under its policies. The settlements, provided they are within the terms of this Exhibit BC, will be binding on the Reinsurers in proportion to their participation in this Exhibit B. C. When so requested, however, the Company will afford the Reinsurers, at the Reinsurers' own expense, an opportunity to be associated with the Company in the defense of any claim, suit, or proceeding involving this Agreement, and the Company and the Reinsurers will cooperate in every respect in such defense. Amounts due the Company hereunder in the settlement of loss and loss expense will be payable by the Reinsurers immediately upon being furnished by the Company with reasonable evidence of the amount paid or to be paid in excess of the Company's retention as set forth in the Retention and Limit section of this Exhibit B. C. [Missing Graphic Reference] 12\AQUA1007 24 Missing Graphic Reference] In the event of a loss involving this Exhibit BC, the loss will be recovered as follows:

Loss Notices and Settlements. The Company will Reinsured shall advise the Reinsurers promptly Reinsurer of all losses that, events that in the its opinion of the Company, may involve the Reinsurers result in a claim under this Exhibit B Agreement for which the Reinsured has reserves in excess of fifty percent (50%) of its retention under this Agreement, and of all subsequent developments pertaining thereto that may materially affect the Reinsurers as wellposition of the Reinsurer. Inadvertent omission or oversight in dispatching advice of notice shall not affect the aforementioned notices liability of the Reinsurer; however, this exception shall not apply with respect to conditions as provided for in the Sunset Article of this Agreement. Subject always to the terms and conditions of this Agreement, the reinsurance provided under this Agreement shall be subject to the written terms, limits, and conditions of the original policies that represent, as set forth in Article I, the Business Covered and to all interpretations, modifications, waivers, and alterations thereon. All loss settlements made by the Reinsured, whether under the original policy terms and conditions or by way of compromise, excluding ex gratia payments, shall be binding upon the Reinsurer, and the Reinsurer shall allow or pay, as the case may be, its proportion of each such settlement in accordance with the terms of this Agreement. It is the true intent of this Agreement the Reinsurer will follow settlements of the Reinsured in all respects. The Reinsured will advise the Reinsurer promptly of all losses and any subsequent developments pertaining thereto, which may in its opinion develop into losses involving reinsurance hereunder and/or incurred amount penetrates 50% of retention. Inadvertent omission or oversight in dispatching such advises shall in no way affect the obligation liability of the Reinsurers Reinsurer under this Exhibit BAgreement, provided but the Company informs Reinsured shall inform the Reinsurers Reinsurer of such omission promptly or oversight upon discovery. The Company will have the right to settle all claims under its policies. The settlements, provided they are within the terms of this Exhibit B, will be binding on the Reinsurers in proportion to their participation in this Exhibit B. When so requested, however, the Company will afford the Reinsurers, at the Reinsurers' own expense, an opportunity to be associated with the Company in the defense of any claim, suit, or proceeding involving this Agreement, and the Company and the Reinsurers will cooperate in every respect in such defense. Amounts due the Company hereunder in the settlement of loss and loss expense will be payable by the Reinsurers immediately upon being furnished by the Company with reasonable evidence of the amount paid or to be paid in excess of the Company's retention as set forth in the Retention and Limit section of this Exhibit B. In the event of a loss involving this Exhibit B, the loss will be recovered as follows:.

Loss Notices and Settlements. The Company will advise the Reinsurers promptly of all losses that, in the opinion of the Company, may involve the Reinsurers under this Exhibit B and of all subsequent developments pertaining thereto that may materially affect the Reinsurers as well. Inadvertent omission in dispatching the aforementioned notices will in no way affect the obligation of the Reinsurers under this Exhibit B, provided the Company informs the Reinsurers of such omission promptly upon discovery. The Company will have the right to settle all claims under its policies. The settlements, provided they are within the terms of this Exhibit B, will be binding on the Reinsurers in proportion to their participation in this Exhibit B. When so requested, however, the Company will afford the Reinsurers, at the Reinsurers' own expense, an opportunity to be associated with the Company in the defense of any claim, suit, or proceeding involving this Agreement, and the Company and the Reinsurers will cooperate in every respect in such defense. Amounts due the Company hereunder in the settlement of loss and loss expense will be payable by the Reinsurers immediately upon being furnished by the Company with reasonable evidence of the amount paid or to be [Missing Graphic Reference] 10\AQUA1001 paid in excess of the Company's retention as set forth in the Retention and Limit section of this Exhibit B. In the event of a loss involving this Exhibit B, the loss will be recovered as follows: