Common use of OVERSIGHTS AND CLERICAL ERRORS Clause in Contracts

OVERSIGHTS AND CLERICAL ERRORS. A. Should either the CEDING COMPANY or the REINSURER fail to comply with any of the terms of this Agreement, and if this is shown to be unintentional and the result of a misunderstanding, oversight or clerical error on the part of either the CEDING COMPANY or the REINSURER, then this Agreement shall not be deemed abrogated thereby, but both companies shall be restored to the positions they would have occupied had no such oversight, misunderstanding or clerical error occurred. Such conditions are to be reported and corrected promptly after discovery. B. If the CEDING COMPANY or the REINSURER discovers that the CEDING COMPANY did not cede reinsurance on a contract it should have reinsured under this Agreement, the CEDING COMPANY will take reasonable and necessary steps to ensure that similar oversights do not recur. Then this Agreement shall not be deemed abrogated thereby, but both companies shall be restored to the positions they would have occupied had the CEDING COMPANY ceded such reinsurance at the original date. If the REINSURER receives no evidence that the CEDING COMPANY has taken action to remedy such a situation, the REINSURER reserves the right to limit its liability to reported contracts only. C. Any negligent or deliberate acts or omissions by the CEDING COMPANY regarding the insurance or reinsurance provided are the responsibility of the CEDING COMPANY and its liability insurer, if any, but not that of the REINSURER. The previous sentence does not negate the REINSURER’s liability under Article VII, Settlement of Claims, of this Agreement. D. Any negligent or deliberate acts or omissions by the REINSURER regarding the insurance or reinsurance provided are the responsibility of the REINSURER and its liability insurer, if any, but not that of the CEDING COMPANY.

Appears in 3 contracts

Samples: Automatic Reinsurance Agreement (Variable Account D of Union Security Insurance Co), Automatic Reinsurance Agreement (Variable Account D of Union Security Insurance Co), Automatic Reinsurance Agreement (Variable Account D of Union Security Insurance Co)

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OVERSIGHTS AND CLERICAL ERRORS. A. Should either the CEDING COMPANY or the REINSURER fail to comply with any of the terms of this Agreement, and if this is shown to be unintentional and the result of a misunderstanding, oversight or clerical error on the part of either the CEDING COMPANY or the REINSURER, then this Agreement shall not be deemed abrogated thereby, but both companies shall be restored to the positions they would have occupied had no such oversight, misunderstanding or clerical error occurred. Such conditions are to be reported and corrected promptly after discovery. B. If the CEDING COMPANY or the REINSURER discovers that the CEDING COMPANY did not cede reinsurance on a contract it should have reinsured under this Agreement, the CEDING COMPANY will take prompt, reasonable and necessary steps to ensure that similar oversights do not recur. Then this Agreement shall not be deemed abrogated thereby, but both companies shall be restored to the positions they would have occupied had the CEDING COMPANY ceded such reinsurance at the original date. If the REINSURER receives no evidence that the CEDING COMPANY has taken action to remedy such a situation, the REINSURER reserves the right to limit its liability to reported contracts only. C. Any negligent or deliberate acts or omissions by the CEDING COMPANY regarding the insurance or reinsurance provided are the responsibility of the CEDING COMPANY and its liability insurer, if any, but not that of the REINSURER. The previous sentence does not negate the REINSURER’s 's liability under Article VII, Settlement of Claims, of this Agreement. D. Any negligent or deliberate acts or omissions by the REINSURER regarding the insurance or reinsurance provided are the responsibility of the REINSURER and its liability insurer, if any, but not that of the CEDING COMPANY.

Appears in 3 contracts

Samples: Automatic Reinsurance Agreement (Manufacturers Life Insurance Co Usa Separate Account H), Automatic Reinsurance Agreement (Manufacturers Life Insurance Co Usa Separate Account H), Automatic Reinsurance Agreement (Manufacturers Life Insurance Co Usa Separate Account H)

OVERSIGHTS AND CLERICAL ERRORS. A. Should If any delay, omission, error or failure to pay amounts due or to perform any act required by this Agreement is unintentional and caused by misunderstanding or oversight, either the CEDING COMPANY or and/or the REINSURER fail will adjust the situation to comply with any what it would have been had the misunderstanding or oversight not occurred. The party first discovering such misunderstanding or oversight, or an act resulting from such misunderstanding or oversight, will notify the other party in writing promptly upon discovery thereof and the parties shall act to correct such misunderstanding or oversight within thirty (30) business days of such other party's receipt of such notice. However, this provision shall not be construed as a waiver by either party of its right to enforce strictly the terms of this Agreement, and if this is shown to be unintentional and the result of a misunderstanding, oversight or clerical error on the part of either the CEDING COMPANY or the REINSURER, then this Agreement shall not be deemed abrogated thereby, but both companies shall be restored to the positions they would have occupied had no such oversight, misunderstanding or clerical error occurred. Such conditions are to be reported and corrected promptly after discovery. B. If the CEDING COMPANY or the REINSURER discovers that the CEDING COMPANY did not cede reinsurance on a contract it should have reinsured under this Agreement, the CEDING COMPANY will take prompt, reasonable and necessary steps to ensure that similar oversights do not recur. Then this Agreement shall not be deemed abrogated thereby, but both companies shall be restored to the positions they would have occupied had the CEDING COMPANY ceded such reinsurance at the original date. If the REINSURER receives no evidence that the CEDING COMPANY has taken action to remedy such a situation, the REINSURER reserves the right to limit its liability to reported contracts only. C. Any negligent . Negligent or deliberate acts or omissions by the CEDING COMPANY regarding the insurance or reinsurance provided are the responsibility of the CEDING COMPANY and its liability insurer, if any, but not that of the REINSURER. The previous sentence does not negate the REINSURER’s 's liability under Article VIIVI, Settlement of Claims, of this Agreement. D. Any negligent or deliberate acts or omissions by the REINSURER regarding the insurance or reinsurance provided are the responsibility of the REINSURER and its liability insurer, if any, but not that of the CEDING COMPANY.

Appears in 2 contracts

Samples: Automatic Reinsurance Agreement (Fidelity Investments Variable Annuity Account I), Automatic Reinsurance Agreement (Empire Fidelity Investments Variable Annuity Account A)

OVERSIGHTS AND CLERICAL ERRORS. A. Should either the CEDING COMPANY or the REINSURER fail to comply with any of the terms of this Agreement, and if this is shown to be unintentional and the result of a misunderstanding, oversight or clerical error on the part of either the CEDING COMPANY or the REINSURER, then this Agreement shall not be deemed abrogated thereby, but both companies shall be restored to the positions they would have occupied had no such oversight, misunderstanding or clerical error occurred. Such conditions are to be reported promptly after discovery and corrected promptly after discoverywithin an agreed upon time frame. B. If the CEDING COMPANY or the REINSURER discovers that the CEDING COMPANY did not cede reinsurance on a contract it should have reinsured under this Agreement, the CEDING COMPANY will take reasonable and necessary steps to ensure that similar oversights do not recur. Then this Agreement shall not be deemed abrogated thereby, but both companies shall be restored to the positions they would have occupied had the CEDING COMPANY ceded such reinsurance at the original date. If the REINSURER receives no evidence that the CEDING COMPANY has taken action to remedy such a situation, the REINSURER reserves the right to limit its liability to reported contracts only. C. Any negligent or deliberate acts or omissions by the CEDING COMPANY regarding the insurance or reinsurance provided are the responsibility of the CEDING COMPANY and its liability insurer, if any, but not that of the REINSURER. The previous sentence does not negate the REINSURER’s 's liability under Article VII, Settlement of Claims, of this Agreement. D. Any negligent or deliberate acts or omissions by the REINSURER regarding the insurance or reinsurance provided are the responsibility of the REINSURER . Hartford Life and its liability insurerAnnuity, if anyAgreement No. 2000-25-DB Effective October 1, but not that of the CEDING COMPANY.2000

Appears in 2 contracts

Samples: Reinsurance Agreement (Talcott Resolution Life & Annuity Insurance Co Separate Account One), Automatic Reinsurance Agreement (Hartford Life & Annuity Insurance Co Separate Account Seven)

OVERSIGHTS AND CLERICAL ERRORS. A. Should either the CEDING COMPANY or the REINSURER fail to comply with any of the terms of this Agreement, and if this is shown to be unintentional and the result of a misunderstanding, oversight or clerical error on the part of either the CEDING COMPANY or the REINSURER, then this Agreement shall not be deemed abrogated thereby, but both companies shall be restored to the positions they would have occupied had no such oversight, misunderstanding or clerical error occurred. Such conditions are to be reported and corrected promptly after discovery. B. If the CEDING COMPANY or the REINSURER discovers that the CEDING COMPANY did not cede reinsurance on a contract it should have reinsured under this Agreement, the CEDING COMPANY will take prompt, reasonable and necessary steps to ensure that similar oversights do not recur. Then this Agreement shall not be deemed abrogated thereby, but both companies shall be restored to the positions they would have occupied had the CEDING COMPANY ceded such reinsurance at the original date. If the REINSURER receives no evidence that the CEDING COMPANY has taken action to remedy such a situation, the REINSURER reserves the right to limit its liability to reported contracts only. C. Any negligent or deliberate acts or omissions by the CEDING COMPANY regarding the insurance or reinsurance provided are the responsibility of the CEDING COMPANY and its liability insurer, if any, but not that of the REINSURER. The previous sentence does not negate the REINSURER’s 's liability under Article VII, Settlement of Claims, of this Agreement. D. Any negligent or deliberate acts or omissions by the REINSURER regarding the insurance or reinsurance provided are the responsibility . Manufacturers Life of the REINSURER and its liability insurerN.A., if anyAgreement No. 2001-48 (GMIB) Page 3 Effective July 1, but not that of the CEDING COMPANY.2001

Appears in 1 contract

Samples: Automatic Reinsurance Agreement (John Hancock Life Insurance Co (Usa) Separate Account H)

OVERSIGHTS AND CLERICAL ERRORS. A. Should either the CEDING COMPANY or the REINSURER fail to comply with any of the terms of this Agreement, and if this is shown to be unintentional and the result of a misunderstanding, an oversight or clerical error on the part of either the CEDING COMPANY or the REINSURER, then this Agreement shall not be deemed abrogated thereby, but both companies shall be restored to the positions they would have occupied had no such oversight, misunderstanding oversight or clerical error occurred. Such conditions are to be reported and corrected promptly after discovery. B. If the CEDING COMPANY or the REINSURER discovers that the CEDING COMPANY did not cede reinsurance on a contract it Policy that the CEDING COMPANY should have reinsured ceded under this Agreement, the CEDING COMPANY will take prompt, reasonable and necessary steps to ensure that similar oversights do not recur. Then this Agreement shall not be deemed abrogated thereby, but recur and both companies shall be restored to the positions they would have occupied had the CEDING COMPANY properly ceded such reinsurance at the original date. If the REINSURER receives no evidence that the CEDING COMPANY has taken does not take action to remedy promptly cede such a situationbusiness under this Agreement, the REINSURER reserves shall have the right option to limit its liability to reported contracts Policies only. C. Any negligent or deliberate acts or omissions by the CEDING COMPANY regarding may not be corrected by this article. D. Notwithstanding the insurance foregoing, any errors and omissions first reported 1000 days or reinsurance provided are more from their occurrence will be presumed to not have been an oversight, and the responsibility REINSURER shall have the option, in its sole discretion, to accept or decline some or all of such business. E. Notwithstanding the foregoing, any corrections to oversights or clerical errors shall not be reinsured for an amount which exceeds the lesser of the CEDING COMPANY limits of this Agreement or the REINSURER’s available capacity (including its normal net retention and its liability insurerRetrocessional cover) on the life or lives in question, if any, but not as such capacity is measured at the time that of the applicable error or oversight has been identified to the REINSURER. The previous sentence does not negate the REINSURER’s liability under Article VII, Settlement of Claims, of this Agreement. D. Any negligent or deliberate acts or omissions by the REINSURER regarding the insurance or reinsurance provided are the responsibility of the REINSURER and its liability insurer, if any, but not that of the CEDING COMPANY.FNWL Agreement No. 07-003a-TL Page 6 Coverage Effective 9-01-08

Appears in 1 contract

Samples: Automatic Yearly Renewable Term Agreement (Farmers Variable Life Separate Account A)

OVERSIGHTS AND CLERICAL ERRORS. A. Should either the CEDING COMPANY or the REINSURER fail to comply with any of the terms of this Agreement, and if this is shown to be unintentional and the result of a misunderstanding, an oversight or clerical error on the part of either the CEDING COMPANY or the REINSURER, then this Agreement shall not be deemed abrogated thereby, but both companies shall be restored to the positions they would have occupied had no such oversight, misunderstanding oversight or clerical error occurred. Such conditions are to be reported and corrected promptly after discovery. B. If the CEDING COMPANY or the REINSURER discovers that the CEDING COMPANY did not cede reinsurance on a contract it Policy that the CEDING COMPANY should have reinsured ceded under this Agreement, the CEDING COMPANY will take prompt, reasonable and necessary steps to ensure that similar oversights do not recur. Then this Agreement shall not be deemed abrogated thereby, but recur and both companies shall be restored to the positions they would have occupied had the CEDING COMPANY properly ceded such reinsurance at the original date. If the REINSURER receives no evidence that the CEDING COMPANY has taken does not take action to remedy promptly cede such a situationbusiness under this Agreement, the REINSURER reserves shall have the right option to limit its liability to reported contracts Policies only. C. Any negligent or deliberate acts or omissions by the CEDING COMPANY regarding may not be corrected by this article. D. Notwithstanding the insurance foregoing, any errors and omissions first reported 1000 days or reinsurance provided are more from their occurrence will be presumed to not have been an oversight, and the responsibility REINSURER shall have the option, in its sole discretion, to accept or decline some or all of such business. E. Notwithstanding the foregoing, any corrections to oversights or clerical errors shall not be reinsured for an amount which exceeds the lesser of the CEDING COMPANY limits of this Agreement or the REINSURER’s available capacity (including its normal net retention and its liability insurerRetrocessional cover) on the life or lives in question, if any, but not as such capacity is measured at the time that of the applicable error or oversight has been identified to the REINSURER. The previous sentence does not negate the REINSURER’s liability under Article VII, Settlement of Claims, of this Agreement. D. Any negligent or deliberate acts or omissions by the REINSURER regarding the insurance or reinsurance provided are the responsibility of the REINSURER and its liability insurer, if any, but not that of the CEDING COMPANY.FNWL Agreement No. 08-004-TL Page 6 Coverage Effective 9-01-08

Appears in 1 contract

Samples: Automatic Yearly Renewable Term Agreement (Farmers Variable Life Separate Account A)

OVERSIGHTS AND CLERICAL ERRORS. A. Should either the CEDING COMPANY or the REINSURER fail to comply with any of the terms of this Agreement, and if this is shown to be unintentional and the result of a misunderstanding, oversight or clerical error on the part of either the CEDING COMPANY or the REINSURER, then this Agreement shall not be deemed abrogated thereby, but both companies shall be restored to the positions they would have occupied had no such oversight, misunderstanding or clerical error occurred. Such conditions are to be reported promptly after discovery and corrected promptly after discoverywithin an agreed upon time frame. B. If the CEDING COMPANY or the REINSURER discovers that the CEDING COMPANY did not cede reinsurance on a contract it should have reinsured under this Agreement, the CEDING COMPANY will take reasonable and necessary steps to ensure that similar oversights do not recur. Then this Agreement shall not be deemed abrogated thereby, but both companies shall be restored to the positions they would have occupied had the CEDING COMPANY ceded such reinsurance at the original date. If the REINSURER receives no evidence that the CEDING COMPANY has taken action to remedy such a situation, the REINSURER reserves the right to limit its liability to reported contracts only. C. Any negligent or deliberate acts or omissions by the CEDING COMPANY regarding the insurance or reinsurance provided are the responsibility of the CEDING COMPANY and its liability insurer, if any, but not that of the REINSURER. The previous sentence does not negate the REINSURER’s 's liability under Article VII, Settlement of Claims, of this Agreement. D. Any negligent or deliberate acts or omissions by the REINSURER regarding the insurance or reinsurance provided are the responsibility of the REINSURER and its liability insurer. Hartford Agreement No. 2000-12-DB Effective March 13, if any, but not that of the CEDING COMPANY.2000

Appears in 1 contract

Samples: Automatic Reinsurance Agreement (Hartford Life & Annuity Insurance Co Separate Account Seven)

OVERSIGHTS AND CLERICAL ERRORS. A. Should either the CEDING COMPANY or the REINSURER fail to comply with any of the terms of this Agreement, and if this is shown to be unintentional and the result of a misunderstanding, oversight or clerical error on the part of either the CEDING COMPANY or the REINSURER, then this Agreement shall not be deemed abrogated thereby, but both companies shall be restored to the positions they would have occupied had no such oversight, misunderstanding or clerical error occurred. Such conditions are to be reported and corrected promptly after discovery. B. If the CEDING COMPANY or the REINSURER discovers that the CEDING COMPANY did not cede reinsurance on a contract it should have reinsured under this Agreement, the CEDING COMPANY will take prompt, reasonable and necessary steps to ensure that similar oversights do not recur. Then this Agreement shall not be deemed abrogated thereby, but both companies shall be restored to the positions they would have occupied had the CEDING COMPANY ceded such reinsurance at the original date. If the REINSURER receives no evidence that the CEDING COMPANY has taken action to remedy such a situation, the REINSURER reserves the right to limit its liability to reported contracts only. C. Any negligent or deliberate acts or omissions by the CEDING COMPANY regarding the insurance or reinsurance provided are the responsibility of the CEDING COMPANY and its liability insurer, if any, but not that of the REINSURER. The previous sentence does not negate the REINSURER’s 's liability under Article VII, Settlement of Claims, of this Agreement. D. Any negligent or deliberate acts or omissions by the REINSURER regarding the insurance or reinsurance provided are the responsibility . Manufacturers Life of the REINSURER and its liability insurerNY, if any, but not that of the CEDING COMPANY.Agreement No. 2001-41NY (GMIB) Page 3 Effective September 17 2001

Appears in 1 contract

Samples: Automatic Reinsurance Agreement (John Hancock Life Insurance Co of New York Separate Account A)

OVERSIGHTS AND CLERICAL ERRORS. A. Should either the CEDING COMPANY or the REINSURER fail to comply with any of the terms of this Agreement, and if this is shown to be unintentional and the result of a misunderstanding, oversight or clerical error on the part of either the CEDING COMPANY or the REINSURER, then this Agreement shall not be deemed abrogated thereby, but both companies shall be restored to the positions they would have occupied had no such oversight, misunderstanding or clerical error occurred. Such conditions are to be reported and corrected promptly after discovery. B. If the CEDING COMPANY or the REINSURER discovers that the CEDING COMPANY did not cede reinsurance on a contract it should have reinsured under this Agreement, the CEDING COMPANY will take reasonable and necessary steps to ensure that similar oversights do not recur. Then this Agreement shall not be deemed abrogated thereby, but both companies shall be restored to the positions they would have occupied had the CEDING COMPANY ceded such reinsurance at the original date. If the REINSURER receives no evidence that the CEDING COMPANY has taken action to remedy such a situation, the REINSURER reserves the right to limit its liability to reported contracts only. C. Any negligent or deliberate acts or omissions by the CEDING COMPANY regarding the insurance or reinsurance provided are the responsibility of the CEDING COMPANY and its liability insurer, if any, but not that of the REINSURER. The previous sentence does not negate the REINSURER’s 's liability under Article VII, Settlement of Claims, of this Agreement. D. . Any negligent or deliberate acts or omissions by the REINSURER regarding the insurance or reinsurance provided are the responsibility of the REINSURER and its liability insurer, if any, but not that of the CEDING COMPANY.

Appears in 1 contract

Samples: Automatic Reinsurance Agreement (Metlife of Ct Separate Account Eleven for Variable Annuities)

OVERSIGHTS AND CLERICAL ERRORS. A. Should either the CEDING COMPANY or the REINSURER fail to comply with any of the terms of this Agreement, and if this is shown to be unintentional and the result of a misunderstanding, oversight or clerical error on the part of either the CEDING COMPANY or the REINSURER, then this Agreement shall not be deemed abrogated thereby, but both companies shall be restored to the positions they would have occupied had no such oversight, misunderstanding or clerical error occurred. Such conditions are to be reported and corrected promptly after discovery. . B. If the CEDING COMPANY or the REINSURER discovers that the CEDING COMPANY did not cede reinsurance on a contract it should have reinsured under this Agreement, the CEDING COMPANY will take prompt, reasonable and necessary steps to ensure that similar oversights do not recur. Then this Agreement shall not be deemed abrogated thereby, but both companies shall be restored to the positions they would have occupied had the CEDING COMPANY ceded such reinsurance at the original date. If the REINSURER receives no evidence that the CEDING COMPANY has taken action to remedy such a situation, the REINSURER reserves the right to limit its liability to reported contracts only. . C. Any negligent or deliberate acts or omissions by the CEDING COMPANY regarding the insurance or reinsurance provided are the responsibility of the CEDING CEDINQ COMPANY and its liability insurer, if any, but not that of the REINSURER. The previous sentence does not negate the REINSURER’s 's liability under Article VII, Settlement of Claims, of this Agreement. D. Any negligent or deliberate acts or omissions by the REINSURER regarding the insurance or reinsurance provided are the responsibility of the REINSURER and its liability insurer, if any, but not that of the CEDING COMPANY.

Appears in 1 contract

Samples: Reinsurance Agreement (Ameritas Variable Separate Account Va-2)

OVERSIGHTS AND CLERICAL ERRORS. A. Should either the CEDING COMPANY or the REINSURER fail to comply with any of the terms of this Agreement, and if this is shown to be unintentional and the result of a misunderstanding, an oversight or clerical error on the part of either the CEDING COMPANY or the REINSURER, then this Agreement shall not be deemed abrogated thereby, but both companies shall be restored to the positions they would have occupied had no such oversight, misunderstanding oversight or clerical error occurred. Such conditions are to be reported and corrected promptly after discovery. However, in no event shall the liability for the REINSURER under this Agreement be extended to cover any excluded risks or exceed the limits specified herein. B. If the CEDING COMPANY or the REINSURER discovers that the CEDING COMPANY did not cede reinsurance on a contract it Policy that the CEDING COMPANY should have reinsured ceded under this Agreement, the CEDING COMPANY will take prompt, reasonable and necessary steps to ensure that similar oversights do not recur. Then this Agreement shall not be deemed abrogated thereby, but recur and both companies shall be restored to the positions they would have occupied had the CEDING COMPANY properly ceded such reinsurance at the original date. If the REINSURER receives no evidence that the CEDING COMPANY has taken does not take action to remedy promptly cede such a situationbusiness under this Agreement, the REINSURER reserves shall have the right option to limit its liability to reported contracts Policies only. C. Any negligent intentional or deliberate acts or omissions by the CEDING COMPANY regarding may not be corrected by this article. D. Notwithstanding the insurance foregoing, any corrections to oversights or reinsurance provided are clerical errors shall not be reinsured for an amount which exceeds the responsibility lesser of the CEDING COMPANY limits of this Agreement or the REINSURER'S available capacity (including its normal net retention and its liability insurerRetrocessional cover) on the life or lives in question, if any, but not as such capacity is measured at the time that of the applicable error or oversight has been identified to the REINSURER. The previous sentence does not negate the REINSURER’s liability under Article VII, Settlement of Claims, of this Agreement. D. Any negligent or deliberate acts or omissions by the REINSURER regarding the insurance or reinsurance provided are the responsibility of the REINSURER and its liability insurer, if any, but not that of the CEDING COMPANY.Page American National Insurance Co Agreement No. 08-010-TL Effective: April 14,2008

Appears in 1 contract

Samples: Reinsurance Agreement (American National Variable Life Separate Account)

OVERSIGHTS AND CLERICAL ERRORS. A. Should either the CEDING COMPANY or the REINSURER fail to comply with any of the terms of this Agreement, and if this is shown to be unintentional and the result of a misunderstanding, oversight or clerical error on the part of either the CEDING COMPANY or the REINSURER, then this Agreement shall not be deemed abrogated thereby, but both companies shall be restored to the positions they would have occupied had no such oversight, misunderstanding or clerical error occurred. Such conditions are to be reported and corrected promptly after discovery. B. If the CEDING COMPANY or the REINSURER discovers that the CEDING COMPANY did not cede reinsurance on a contract it should have reinsured under this Agreement, the CEDING COMPANY will take prompt, reasonable and necessary steps to ensure that similar oversights do not recur. Then this Agreement shall not be deemed abrogated thereby, but both companies shall be restored to the positions they would have occupied had the CEDING COMPANY ceded such reinsurance at the original date. If the REINSURER receives no evidence that the CEDING COMPANY has taken action to remedy such a situation, the REINSURER reserves the right to limit its liability to reported contracts only. C. Any negligent or deliberate acts or omissions by the CEDING COMPANY regarding the insurance or reinsurance provided are the responsibility of the CEDING COMPANY and its liability insurer, if any, but not that of the REINSURER. The previous sentence does not negate the REINSURER’s 's liability under Article VII, Settlement of Claims, of this Agreement. D. Any negligent or deliberate acts or omissions by the REINSURER regarding the insurance or reinsurance provided are the responsibility . -------------------------------------------------------------------------------- GE Capital of the REINSURER and its liability insurerNew York, if anyAgreement No.2001-51 Page 3 Effective July 1, but not that of the CEDING COMPANY.2001

Appears in 1 contract

Samples: Automatic Reinsurance Agreement (Ge Capital Life Separate Account Ii)

OVERSIGHTS AND CLERICAL ERRORS. A. Should either the CEDING COMPANY or the REINSURER RESINURER fail to comply with any of the terms of this Agreement, and if this is shown to be unintentional and the result of a misunderstanding, oversight or clerical error on the part of either the CEDING COMPANY or the REINSURER, then this Agreement shall not be deemed abrogated thereby, thereby but both companies shall be restored to the positions they would have occupied had no such oversight, misunderstanding or clerical error occurred. Such conditions are to be reported and corrected promptly after discovery. B. If the CEDING COMPANY or the REINSURER discovers that the CEDING COMPANY did not cede reinsurance on a contract it should have reinsured under this Agreement, the CEDING COMPANY will take reasonable and necessary steps to ensure that similar oversights do not recur. Then this Agreement shall not be deemed abrogated thereby, but both companies shall be restored to the positions they would have occupied had the CEDING COMPANY ceded such reinsurance at the original date. If the REINSURER receives no evidence that the CEDING COMPANY has taken action to remedy such a situation, the REINSURER reserves the right to limit its liability to reported contracts only. C. Any negligent or deliberate acts or omissions by the CEDING COMPANY regarding the insurance or reinsurance provided are the responsibility of the CEDING COMPANY and its liability insurer, if any, but not that of the REINSURER. The previous sentence does not negate the REINSURER’s 's liability under Article VII, Settlement of Claims, of this Agreement. D. . Any negligent or deliberate acts or omissions by the REINSURER regarding the insurance or reinsurance provided are the responsibility of the REINSURER and its liability insurer, if any, but not that of the CEDING COMPANY.

Appears in 1 contract

Samples: Automatic Reinsurance Agreement (Travelers Fund Bd Iii for Variable Annuities)

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OVERSIGHTS AND CLERICAL ERRORS. A. Should either the CEDING COMPANY or the REINSURER fail to comply with any of the terms of this Agreement, and if this is shown to be unintentional and the result of a misunderstanding, oversight or clerical error on the part of either the CEDING COMPANY or the REINSURER, then this Agreement shall not be deemed abrogated thereby, but both companies shall be restored to the positions they would have occupied had no such oversight, misunderstanding or clerical error occurred. Such conditions are to be reported and corrected promptly after discovery. B. If the CEDING COMPANY or the REINSURER discovers that the CEDING COMPANY did not cede reinsurance on a contract it should have reinsured under this Agreement, the CEDING COMPANY will take prompt, reasonable and necessary steps to ensure that similar oversights do not recur. Then this Agreement shall not be deemed abrogated thereby, but both companies shall be restored to the positions they would have occupied had the CEDING COMPANY ceded such reinsurance at the original date. If the REINSURER receives no evidence that the CEDING COMPANY has taken action to remedy such a situation, the REINSURER reserves the right to limit its liability to reported contracts only. C. Any negligent or deliberate acts or omissions by the CEDING COMPANY regarding the insurance or reinsurance provided are the responsibility of the CEDING COMPANY and its liability insurer, if any, but not that of the REINSURER. The previous sentence does not negate the REINSURER’s 's liability under Article VII, Settlement of Claims, of this Agreement. D. . Any negligent or deliberate acts or omissions by the REINSURER regarding the insurance or reinsurance provided are the responsibility of the REINSURER and its liability insurer, if any, but not that of the CEDING COMPANY.

Appears in 1 contract

Samples: Automatic Reinsurance Agreement (Metlife of Ct Separate Account Eleven for Variable Annuities)

OVERSIGHTS AND CLERICAL ERRORS. A. Should either the CEDING COMPANY or the REINSURER fail to comply with any of the terms of this Agreement, and if this is shown to be unintentional and the result of a misunderstanding, oversight or clerical error on the part of either the CEDING COMPANY or the REINSURER, then this Agreement shall not be deemed abrogated thereby, but both companies shall be restored to the positions position they would have occupied had no such oversight, misunderstanding misunderstanding, or clerical error occurred. Such conditions are to be reported and corrected promptly after discovery. B. If the CEDING COMPANY or the REINSURER discovers that the CEDING COMPANY did not cede reinsurance on a contract it should have reinsured under this Agreement, the CEDING COMPANY will take reasonable and necessary steps to ensure that similar oversights do not recur. Then this Agreement shall not be deemed abrogated thereby, but both companies shall be restored to the positions position they would have occupied had the CEDING COMPANY ceded such reinsurance at the original date. If the REINSURER receives no evidence that the CEDING COMPANY has taken action to remedy such a situation, the REINSURER reserves the right to limit its liability to reported contracts only. C. Any negligent or deliberate acts or omissions by the CEDING COMPANY regarding the insurance or reinsurance provided are the responsibility of the CEDING COMPANY and its liability insurer, if any, but not that of the REINSURER. The previous sentence does not negate the REINSURER’s 's liability under Article VII, Settlement of Claims, of this Agreement. D. Any negligent or deliberate acts or omissions by the REINSURER regarding the insurance or reinsurance provided are the responsibility of the REINSURER and its liability insurer, if any, but not that of the CEDING COMPANY.

Appears in 1 contract

Samples: Automatic Reinsurance Agreement (Ge Life & Annuity Assurance Co Iv)

OVERSIGHTS AND CLERICAL ERRORS. A. Should either the CEDING COMPANY or the REINSURER fail to comply with any of the terms of this Agreement, and if this such noncompliance is shown to be the unintentional and the result of a misunderstanding, oversight or clerical error on the part of either the CEDING COMPANY or the REINSURER, then this Agreement shall not be deemed abrogated therebyremain in full force and effect, but both companies the REINSURER and the CEDING COMPANY shall be restored to the positions they would have occupied had no such noncompliance, oversight, misunderstanding or clerical error occurred. Such conditions are to be reported and corrected promptly after discovery. B. If the CEDING COMPANY or the REINSURER discovers that the CEDING COMPANY did not cede reinsurance on a contract policy it should have reinsured under this Agreement, the CEDING COMPANY will take prompt, reasonable and necessary steps to ensure that similar oversights do not recur. Then In such event, this Agreement shall not be deemed abrogated therebyremain in full force and effect, but both companies the REINSURER and the CEDING COMPANY shall be restored to the positions they would have occupied had the CEDING COMPANY ceded such reinsurance at the original date. [redacted] C. If the CEDING COMPANY or the REINSURER receives no evidence discovers that the CEDING COMPANY has taken action to remedy such did not declare a situationpolicy form it should have declared under this Agreement, the CEDING COMPANY will take prompt, reasonable and necessary steps to ensure that similar oversights do not recur. In such event, this Agreement shall remain in full force and effect, but both the REINSURER reserves and the right CEDING COMPANY shall be restored to limit its liability the positions they would have occupied had the CEDING COMPANY declared the policy form at the original date. [redacted] D. The provisions of this Article may not be used to reported contracts only.supersede or void the termination provisions set forth in Article VI, Paragraph F. C. E. Any negligent or deliberate acts or omissions by the CEDING COMPANY regarding the insurance or reinsurance provided are the responsibility of the CEDING COMPANY and its liability insurer, if any, but not that of the REINSURER. The previous sentence does not negate the REINSURER’s 's liability under Article VII, Settlement of Claims, of this Agreement. D. Any negligent or deliberate acts or omissions by the REINSURER regarding the insurance or reinsurance provided are the responsibility of the REINSURER and its liability insurer, if any, but not that of the CEDING COMPANY.

Appears in 1 contract

Samples: Automatic Reinsurance Agreement (Variable Annuity Account Seven)

OVERSIGHTS AND CLERICAL ERRORS. A. Should either the CEDING COMPANY or the REINSURER fail to comply with any of the terms of this Agreement, and if this is shown to be unintentional and the result of a misunderstanding, oversight or clerical error on the part of either the CEDING COMPANY or the REINSURER, then this Agreement shall not be deemed abrogated thereby, but both companies shall be restored to the positions they would have occupied had no such oversight, misunderstanding or clerical error occurred. Such conditions are to be reported and corrected promptly after discovery. B. If the CEDING COMPANY or the REINSURER discovers that the CEDING COMPANY did not cede reinsurance on a contract it should have reinsured under this Agreement, the CEDING COMPANY will take prompt, reasonable and necessary steps to ensure that similar oversights do not recur. Then this Agreement shall not be deemed abrogated thereby, but both companies shall be restored to the positions they would have occupied had the CEDING COMPANY ceded such reinsurance at the original date. If the REINSURER receives no evidence that the CEDING COMPANY has taken action to remedy such a situation, the REINSURER reserves the right to limit its liability to reported contracts only. C. Any negligent or deliberate acts or omissions by the CEDING COMPANY regarding the insurance or reinsurance provided are the responsibility of the CEDING COMPANY and its liability insurer, if any, but not that of the REINSURER. The previous sentence does not negate the REINSURER’s 's liability under Article VII, Settlement of Claims, of this Agreement. D. Any negligent or deliberate acts or omissions by the REINSURER regarding the insurance or reinsurance provided are the responsibility . Manufacturers Life of the REINSURER and its liability insurerN.A., if anyAgreement No. 2001-47 (GMDB) Page 3 Effective July 1, but not that of the CEDING COMPANY.2001

Appears in 1 contract

Samples: Automatic Reinsurance Agreement (John Hancock Life Insurance Co (Usa) Separate Account H)

OVERSIGHTS AND CLERICAL ERRORS. A. Should either the CEDING COMPANY or the REINSURER fail to comply with any of the terms of this Agreement, and if this is shown to be unintentional and the result of a misunderstanding, oversight or clerical error on the part of either the CEDING COMPANY or the REINSURER, then this Agreement shall not be deemed abrogated thereby, but both companies shall be restored to the positions they would have occupied had no such oversight, misunderstanding or clerical error occurred. Such conditions are to be reported and corrected promptly after discovery. B. If the CEDING COMPANY or the REINSURER discovers that the CEDING COMPANY did not cede reinsurance on a contract it should have reinsured under this Agreement, the CEDING COMPANY will take prompt, reasonable and necessary steps to ensure that similar oversights do not recur. Then this Agreement shall not be deemed abrogated thereby, but both companies shall be restored to the positions they would have occupied had the CEDING COMPANY ceded such reinsurance at the original date. If the REINSURER receives no evidence that the CEDING COMPANY has taken action to remedy such a situation, the REINSURER reserves the right to limit its liability to reported contracts only. C. The provisions of this Article may not be used to supersede or void the termination provisions set forth in Article VI, Paragraph G. D. Any negligent or deliberate wrongful acts or omissions by the CEDING COMPANY regarding the insurance or reinsurance provided are the responsibility of the CEDING COMPANY and its liability insurer, if any, but not that of the REINSURER. The previous sentence does not negate the REINSURER’s 's liability under Article VII, Settlement of Claims, of this Agreement. D. Any negligent or deliberate acts or omissions by the REINSURER regarding the insurance or reinsurance provided are the responsibility of the REINSURER . -------------------------------------------------------------------------------- GE Life and its liability insurerAnnuity Assurance Co., if anyAgreement No. Page 5 Effective February 15, but not that of the CEDING COMPANY.2002

Appears in 1 contract

Samples: Automatic Coinsurance Agreement (Ge Life & Annuity Assurance Co Iv)

OVERSIGHTS AND CLERICAL ERRORS. A. Should either the CEDING COMPANY or the REINSURER fail to comply with any of the terms of this Agreement, and if this such noncompliance is shown to be the unintentional and the result of a misunderstanding, oversight or clerical error on the part of either the CEDING COMPANY or the REINSURER, then this Agreement shall not be deemed abrogated therebyremain in full force and effect, but both companies the REINSURER and the CEDING COMPANY shall be restored to the positions they would have occupied had no such noncompliance, oversight, misunderstanding or clerical error occurred. Such conditions are to be reported and corrected promptly after discovery. B. If the CEDING COMPANY or the REINSURER discovers that the CEDING COMPANY did not cede reinsurance on a contract policy it should have reinsured under this Agreement, the CEDING COMPANY will take prompt, reasonable and necessary steps to ensure that similar oversights do not recur. Then In such event, this Agreement shall not be deemed abrogated therebyremain in full force and effect, but both companies the REINSURER and the CEDING COMPANY shall be restored to the positions they would have occupied had the CEDING COMPANY ceded such reinsurance at the original date. If the REINSURER receives no evidence that the CEDING COMPANY has taken reasonable action to remedy such a situationsituation within 180 days of its discovery, the REINSURER reserves the right to limit its liability to reported contracts policies only. C. If the CEDING COMPANY or the REINSURER discovers that the CEDING COMPANY did not declare a policy form it should have declared under this Agreement, the CEDING COMPANY will take prompt, reasonable and necessary steps to ensure that similar oversights do not recur. In such event, this Agreement shall remain in full force and effect, but both the REINSURER and the CEDING COMPANY shall be restored to the positions they would have occupied had the CEDING COMPANY declared the policy form at the original date. If the REINSURER receives no evidence that the CEDING COMPANY has taken action to remedy such a situation within 180 days of its discovery, the REINSURER reserves the right to limit its liability on the undeclared policy forms only. D. The provisions of this Article may not be used to supersede or void the termination provisions set forth in Article VI, Paragraph F. E. Any negligent or deliberate acts or omissions by the CEDING COMPANY regarding the insurance or reinsurance provided are the responsibility of the CEDING COMPANY and its liability insurer, if any, but not that of the REINSURER. The previous sentence does not negate the REINSURER’s 'S liability under Article VII, Settlement of Claims, of this Agreement. D. Any negligent or deliberate acts or omissions by the REINSURER regarding the insurance or reinsurance provided are the responsibility of the REINSURER and its liability insurer, if any, but not that of the CEDING COMPANY.

Appears in 1 contract

Samples: Automatic Reinsurance Agreement (Variable Account Ii Aig Life Insurance Co)

OVERSIGHTS AND CLERICAL ERRORS. A. Should either the CEDING COMPANY or the REINSURER fail to comply with any of the terms of this Agreement, and if this is shown to be unintentional and the result of a misunderstanding, oversight or clerical error on the part of either the CEDING COMPANY or the REINSURER, then this Agreement shall not be deemed abrogated thereby, but both companies shall be restored to the positions they would have occupied had no such oversight, misunderstanding or clerical error occurred. Such conditions are to be reported promptly after discovery and corrected promptly after discoverywithin an agreed upon time frame. B. If the CEDING COMPANY or the REINSURER discovers that the CEDING COMPANY did not cede reinsurance on a contract it should have reinsured under this Agreement, the CEDING COMPANY will take reasonable and necessary steps to ensure that similar oversights do not recur. Then this Agreement shall not be deemed abrogated thereby, but both companies shall be restored to the positions they would have occupied had the CEDING COMPANY ceded such reinsurance at the original date. If the REINSURER receives no evidence that the CEDING COMPANY has taken action to remedy such a situation, the REINSURER reserves the right to limit its liability to reported contracts only. C. Any negligent or deliberate acts or omissions by the CEDING COMPANY regarding the insurance or reinsurance provided are the responsibility of the CEDING COMPANY and its liability insurer, if any, but not that of the REINSURER. The previous sentence does not negate the REINSURER’s 's liability under Article VII, Settlement of Claims, of this Agreement. D. Any negligent or deliberate acts or omissions by the REINSURER regarding the insurance or reinsurance provided are the responsibility of the REINSURER and its liability insurer. Hartford Life, if anyAgreement No. 2000-24NYDB Effective May 8, but not that of the CEDING COMPANY.2000

Appears in 1 contract

Samples: Automatic Reinsurance Agreement (Hartford Life Insurance Co Separate Account Two)

OVERSIGHTS AND CLERICAL ERRORS. A. Should either the CEDING COMPANY or the REINSURER fail to comply with any of the terms of this Agreement, and if this is shown to be unintentional and the result of a misunderstanding, oversight or clerical error on the part of either the CEDING COMPANY or the REINSURER, then this Agreement shall not be deemed abrogated thereby, but both companies shall be restored to the positions they would have occupied had no such oversight, misunderstanding or clerical error occurred. Such conditions are to be reported promptly after discovery and corrected promptly after discoverywithin an agreed upon time frame. B. If the CEDING COMPANY or the REINSURER discovers that the CEDING COMPANY did not cede reinsurance on a contract it should have reinsured under this Agreement, the CEDING COMPANY will take reasonable and necessary steps to ensure that similar oversights do not recur. Then this Agreement shall not be deemed abrogated thereby, but both companies shall be restored to the positions they would have occupied had the CEDING COMPANY ceded such reinsurance at the original date. If the REINSURER receives no evidence that the CEDING COMPANY has taken action to remedy such a situation, the REINSURER reserves the right to limit its liability to reported contracts only. C. Any negligent or deliberate acts or omissions by the CEDING COMPANY regarding the insurance or reinsurance provided are the responsibility of the CEDING COMPANY and its liability insurer, if any, but not that of the REINSURER. The previous sentence does not negate the REINSURER’s 's liability under Article VII, Settlement of Claims, of this Agreement. D. Any negligent or deliberate acts or omissions by the REINSURER regarding the insurance or reinsurance provided are the responsibility of the REINSURER . Hartford Life and its liability insurerAnnuity, if anyAgreement No. 2000-24DB Effective May 8, but not that of the CEDING COMPANY.2000

Appears in 1 contract

Samples: Automatic Reinsurance Agreement (Hartford Life & Annuity Insurance Co Separate Account One)

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