Common use of Recapture Clause in Contracts

Recapture. The Ceding Company may increase its maximum retention limits over the maximum retention limits set forth in Exhibit I and therefore "Recapture" a portion of the reinsured risk if the following conditions have been met. 1. Reinsured Polices are not eligible for Recapture until the end of thirty (30) years, measured from each such Reinsured Policy's effective date. 2. The Ceding Company must give Generali USA ninety (90) days written notice prior to its intended date of the commencement of recapture. 3. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule of retention. For a Reinsured Policy, if the Ceding Company has maintained its maximum retention for the plan of insurance and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to that Reinsured Policy to reduce the amount of reinsurance in force. 4. The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture. 5. If any reinsured policy is recaptured in accordance with this Article, all similarly situated Reinsured Policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new maximum retention limits. Such recapture must be done in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life that is eligible. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. 6. If this Agreement utilizes a "quota share" method of allocating the reinsured risk and the Ceding Company recaptures a portion of the reinsured risk, it must apply the same percentage ceded to each reinsurer when determining the amount to be recaptured.

Appears in 2 contracts

Samples: Reinsurance Agreement (Jackson National Separate Account Iv), Reinsurance Agreement (Jackson National Separate Account Iv)

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Recapture. The If the Ceding Company may increase increases its maximum retention limits over Maximum Dollar Retention Limits listed in Section 3 of Schedule A, then it may, with 90 days' written notice to the maximum retention limits set forth Reinsurer, reduce or recapture the reinsurance in Exhibit I and therefore "Recapture" a portion of the reinsured risk if force subject to the following conditions have been met.requirements: 1. Reinsured Polices are i. An in-force cession is not eligible for Recapture recapture until it has been reinsured for the end minimum number of thirty (30) years, measured from each such Reinsured Policy's years shown in Section 7 of Schedule A. The effective date. 2. The Ceding Company must give Generali USA ninety (90) days written notice prior to its intended date of the commencement reduction in reinsurance will be the later of recapture. 3. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule first policy anniversary following the expiration of retention. For a Reinsured Policy, if the Ceding Company has maintained its maximum retention for the plan of insurance 90-day notice period to recapture and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to that Reinsured Policy to reduce the amount of reinsurance in force. 4. The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following when the notice required minimum number of election to recaptureyears is attained. 5ii. If any reinsured policy is recaptured in accordance with this Article, On all similarly situated Reinsured Policies policies eligible for recapture under recapture, reinsurance will be reduced by the provisions of this Article must be recaptured amount necessary to increase the total insurance retained up to the Ceding Company's new maximum retention limitsMaximum Dollar Retention Limits. iii. Such If more than one policy per life is eligible for recapture, then any recapture must be done effected beginning with the policy with the earliest issue date and continuing in a consistent manner and chronological order according to the Ceding Company must increase its total amount of insurance on each reinsured life that is eligibleremaining policies' issue dates. iv. The Ceding Company may not revoke rescind its election to recapture for policies becoming eligible at future anniversaries. 6. If this Agreement utilizes a "quota share" method v. Recapture of allocating the reinsured risk and reinsurance will not be allowed on any policy for which the Ceding Company recaptures did not keep its Maximum Dollar Retention Limit at issue. The Ceding Company's Maximum Dollar Retention Limits are stated in Section 3 of Schedule A. vi. If any policy eligible for recapture is also eligible for recapture from other reinsurers, the reduction in the Reinsurer's reinsurance on that policy will be in proportion to the total amount of reinsurance on the life with all reinsurers. vii. Recapture will not be made on a portion of basis that may result in any anti-selection against the reinsured risk, it must apply Reinsurer. The Reinsurer maintains the same percentage ceded discretion to each reinsurer determine when determining the amount to anti-selection has occurred. Said determination will be recapturedmade in a fair an equitable manner.

Appears in 2 contracts

Samples: Reinsurance Agreement (Jackson National Separate Account Iv), Reinsurance Agreement (Jnlny Separate Account Iv)

Recapture. The Ceding 1) Whenever the Company may increase increases its maximum retention limits over the maximum retention limits set forth in Exhibit I A, the Company has the option to recapture certain risk amounts. The amount eligible for recapture will be the difference between the amount originally retained and therefore "Recapture" a portion the amount the company would have retained on the same quota share basis had the new maximum retention limits been in effect at the time of the reinsured risk if the following conditions have been metissue. 1. Reinsured Polices are not eligible for Recapture until the end of thirty (30) years, measured from each such Reinsured Policy's effective date. 2. a. The Ceding Company must give Generali USA the Reinsurer ninety (90) days written notice prior to its intended date of the commencement of recapture. 3. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule of retention. For a Reinsured Policy, if the Ceding Company has maintained its maximum retention for the plan of insurance and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to that Reinsured Policy to reduce the amount of reinsurance in force. 4. b. The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture.; however, no reduction will be made prior to the policy anniversary specified in Exhibit C. 5. c. If any reinsured policy is recaptured in accordance with this Articlerecaptured, all similarly situated Reinsured Policies reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new maximum retention limits. Such recapture must be done limits in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life that is eligiblelife. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. 6. If this Agreement utilizes a "quota share" method of allocating the reinsured risk and the Ceding Company recaptures a portion portions of the reinsured riskpolicy have been ceded to more than one reinsurer, it the Company must apply allocate the reduction in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same percentage ceded to each reinsurer when determining as if the new maximum dollar retention limits had been in effect at the time of issue. The amount to of reinsurance eligible for recapture is based on the current amount at risk as of the date of recapture. After the effective date of recapture, the Reinsurer will not be recaptured.liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Company has overlooked. END OF ARTICLE IX

Appears in 2 contracts

Samples: Reinsurance Agreement (Nationwide Vli Separate Account 4), Reinsurance Agreement (Nationwide VLI Separate Account-7)

Recapture. The Ceding Company may apply an increase in its maximum retention limits over Retention Limit to reduce the maximum retention limits set forth in Exhibit I and therefore "Recapture" a portion ceded amount of inforce reinsurance provided, however, that: a) The Company gives the reinsured risk if the following conditions have been met. 1. Reinsured Polices are not eligible for Recapture until the end of thirty (30) years, measured from each such Reinsured Policy's effective date. 2. The Ceding Company must give Generali USA ninety (90) days Reinsurer an irrevocable written notice prior of its intention to its intended recapture within one year after the effective date of the commencement of recapture. 3. The Recapture must occur in conjunction with an increase in its Retention Limit; and b) Recapture will be effected on the Ceding Company's maximum amount on its schedule next anniversary of retentioneach Reinsured Policy eligible for recapture unless agreed otherwise by both parties and with no recapture being made until the Reinsured Policy has been in force for the period specified in Exhibit C-1. For a Reinsured Policyconversion or re-entry, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and c) The Company has maintained, from the time the policy was issued, its quota share retention as set out in Exhibit D, and has applied its increased Retention Limit to all categories set out in Exhibit D; and d) Other than as respects catastrophe or financial reinsurance arrangements, the Company will retain all recaptured risks. No recapture will occur if the Ceding Company has maintained its maximum retention either obtained or increased stop loss reinsurance coverage as justification for the plan of insurance and increase in retention. In applying its increased Retention Limit to Reinsured Policies, the insured's issue age, sex, age and mortality classification, it may apply its increased retention limits rating at the time of issue will be used to that Reinsured Policy to reduce determine the amount of reinsurance in force. 4the Company’s increased retention. The reduction amount of reinsurance on affected policies eligible for recapture will become effective be the difference between the amount originally retained and the amount the Company would have retained on the policy anniversary date immediately following same quota share basis had the notice new retention been in effect at the time of election to recapture. 5issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. Recapture is optional, but if any reinsured policy business is recaptured recaptured, all eligible reinsured business must be recaptured. In addition, all life risks reinsured under any other reinsurance agreement between the Reinsurer and the Company which are eligible for recapture must be similarly recaptured. Any successor of the Company will have the option to recapture reinsurance in accordance with this Article, all similarly situated Reinsured Policies eligible for recapture provided that the successor company has or adopts a higher retention limit than previously used by the Company. If the Company elects to terminate reinsurance under the provisions of this Article must Article, a termination settlement will be recaptured up made according to the Ceding Company's new maximum retention limitsterms specified in the Business Transfer Events provision of Exhibit C-1, but will not include amounts specified in12(d) of that provision. Such Effective as of the recapture must date, the Reinsurer will not be done in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life that is eligibleliable for any eligible business which was overlooked. The Ceding Company may not revoke its election parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture for policies becoming eligible at future anniversaries. 6date, including payment of the termination settlement amount. If Upon payment of the termination settlement amount, each party will be deemed to be fully and finally released from all obligations under this Agreement utilizes a "quota share" method of allocating with respect to the reinsured risk and the Ceding Company recaptures a portion of the reinsured risk, it must apply the same percentage ceded to each reinsurer when determining the amount to be recapturedrecaptured business.

Appears in 2 contracts

Samples: Reinsurance Agreement, Reinsurance Agreement (Thrivent Variable Life Account I)

Recapture. The Ceding Company may increase its maximum retention limits over the maximum retention limits set forth in Exhibit I and therefore "Recapture" a portion of the reinsured risk if the following conditions have been met. 1. Reinsured Polices are not eligible for Recapture until the end of thirty (30) years, measured from each such Reinsured Policy's effective date. 2. The Ceding Company must give Generali USA ninety (90) days written notice prior to its intended date of the commencement of recapture. 3. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule of retention. For a Reinsured Policy, if the Ceding Company has maintained its maximum retention for the plan of insurance and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to that reduce the benefit amount of in force Reinsured Policies provided: 7.2.1 The Company gives the Reinsurer written notice of its intention to recapture with 90 days of the effective date of the retention increase; and 7.2.2 Such recaptures are made on the next anniversary of each Reinsured Policy a affected and with no recapture being made until the Reinsured Policy has been in force for the period stated in Exhibit C. For a conversion policy or re-entry, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and 7.2.3 The Company has maintained from the time the policy was issued, its full retention as set out in Exhibit D for the plan and the insured's classification. Reinsured policies on a first dollar quota share basis will not be eligible for Recapture; and 7.2.4 The company has applied its increased Retention Limits in a consistent manner to reduce all categories of its Retention Limits set out Exhibit D unless otherwise agreed to by the Reinsurer. In applying its increased Retention Limits to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of reinsurance in force. 4the Company's increased retention. The reduction of reinsurance on affected policies will become effective on Recapture as provided herein is optional with the policy anniversary date immediately following the notice of election to recapture. 5. If Company, but if any reinsured policy Reinsured Policy is recaptured in accordance with this Articlerecaptured, all similarly situated Reinsured Policies eligible for recapture under the provisions provision of this Article must be recaptured up recaptured. If there is reinsurance to be applied prorate to the Ceding Company's new maximum retention limitstotal outstanding reinsurance. Such recapture must be done in a consistent manner and the Ceding Company must increase its total The amount of insurance reinsurance eligible for recapture is based on each reinsured life that is eligiblethe reinsurance net amount at risk as of the date of recapture. The Ceding Company may not revoke its election recapture reinsurance if the Company his either obtained or increased stop loss reinsurance coverage as justification for the increase in retention. If there is a Waiver of Premium (W.P.) claim in effect when recapture takes place, the W.P. claim will stay in effect until W.P. claim terminates. The Reinsurer will not be liable for any other benefits, including the basic life risk, that are eligible for recapture. All such eligible benefits will be recaptured as if there was no W.P. claim. The Reinsurer will not be liable, after the effective date of recapture, for any Reinsured Policies or portions of such Reinsured Policies eligible for recapture, that the Company has overlooked. The Reinsurer will be liable only for a credit of the premiums, received after the recapture date, less any allowance. The terms and conditions for the Company to recapture for policies becoming eligible at future anniversaries. 6in force Reinsured Policies due to the insolvency of the Reinsurer are set out in the Insolvency clause in Article 11. If the Company transfers business which is reinsured under this Agreement utilizes to successor company, then the successor company has the option to recapture the reinsurance, in accordance with the recapture criteria outlined in this Article, only if the successor company has a "quota share" method of allocating higher retention limit than the reinsured risk and the Ceding Company recaptures a portion of the reinsured risk, it must apply the same percentage ceded to each reinsurer when determining the amount to be recapturedCompany.

Appears in 2 contracts

Samples: Reinsurance Agreement (Llac Variable Account), Reinsurance Agreement (Llac Variable Account)

Recapture. The Ceding Company may apply an increase in its maximum retention limits over Retention Limit to reduce the maximum retention limits set forth ceded amount of inforce reinsurance provided that: a) The Company gives the Reinsurer irrevocable written notice of its intention to recapture; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties and with no recapture being made until the Reinsured Policy has been in force for the period specified in Exhibit I and therefore "Recapture" C-1. For a portion conversion or re-entry, the recapture terms of the reinsured risk if original policy will apply and the following conditions have been met. 1. Reinsured Polices are not eligible duration for Recapture until the end of thirty (30) years, recapture period will be measured from each such Reinsured Policy's the effective date. 2. The Ceding Company must give Generali USA ninety (90) days written notice prior to its intended date of the commencement of recapture.original policy; and 3. c) The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule of retention. For a Reinsured Policy, if the Ceding Company has maintained maintained, from the time the policy was issued, its maximum full retention for the plan of insurance and the insured's issue age, sexas set out in Exhibit D, and mortality classification, it may apply has applied its increased retention limits Retention Limit to that all categories set out in Exhibit D. In applying its increased Retention Limit to Reinsured Policy Policies, the age and mortality rating at the time of issue will be used to reduce determine the amount of reinsurance in force. 4the Company’s increased retention. The reduction amount of reinsurance on affected policies eligible for recapture will become effective be the difference between the amount originally retained and the amount the Company would have retained had the new retention been in effect at the time of issue. The amount of reinsurance eligible for recapture will be determined based on the policy anniversary reinsurance net amount at risk as of the date immediately following the notice of election to recapture. 5. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. Recapture is optional, but if any reinsured policy business is recaptured, all eligible reinsured business must be recaptured. In addition, all life risks reinsured under any other reinsurance agreement between the Reinsurer and the Company which are eligible for recapture must be similarly recaptured. No reserves for the recaptured business will be paid to the Company by the Reinsurer. 196474US-08 ml 20070727 (ODB#I02020US-08) 10 Any successor of the Company will have the option to recapture reinsurance in accordance with this Article, provided that the successor company has or adopts a higher Retention Limit than previously used by the Company. Effective as of the recapture date, the Reinsurer will not be liable for any eligible business which was overlooked. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. Upon recapture, each party will be deemed to be fully and finally released from all similarly situated Reinsured Policies eligible for recapture obligations under the provisions of this Article must be recaptured up Agreement with respect to the Ceding Company's new maximum retention limits. Such recapture must be done in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life that is eligible. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversariesrecaptured business. 6. If this Agreement utilizes a "quota share" method of allocating the reinsured risk and the Ceding Company recaptures a portion of the reinsured risk, it must apply the same percentage ceded to each reinsurer when determining the amount to be recaptured.

Appears in 2 contracts

Samples: Reinsurance Agreement (Nationwide VL Separate Account-G), Reinsurance Agreement (Nationwide VL Separate Account-G)

Recapture. The Ceding Company may increase its maximum retention limits over the maximum retention limits set forth in Exhibit I and therefore "Recapture" a portion of the reinsured risk if the following conditions have been met. 1. Reinsured Polices are not eligible for Recapture until the end of thirty (30) years, measured from each such Reinsured Policy's effective date. 2. The Ceding Company must give Generali USA ninety (90) days written notice prior to its intended date of the commencement of recapture. 3. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule of retention. For a Reinsured Policy, if the Ceding Company has maintained its maximum retention for the plan of insurance and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to that reduce the benefit amount of in force Reinsured Policies provided: 7.2.1 The Company gives the Reinsurer written notice of its intention to recapture within 90 days of the effective date of the retention increase; and 7.2.2 Such recaptures are made on the next anniversary of each Reinsured Policy affected and with no recapture being made until the Reinsured Policy has been in force for the period stated in Exhibit C. For a conversion policy or re-entry, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and 7.2.3 The Company has maintained from the time the policy was issued, its full retention as set out in Exhibit D for the plan and the insured's classification. Reinsured policies on a first dollar quota share basis will not be eligible for recapture; and 7.2.4 The Company has applied its increased Retention Limits in a consistent manner to reduce all categories of its Retention Limits set out in Exhibit D unless otherwise agreed to by the Reinsurer. In applying its increased Retention Limits to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of reinsurance in force. 4the Company's increased retention. The reduction of reinsurance on affected policies will become effective on Recapture as provided herein is optional with the policy anniversary date immediately following the notice of election to recapture. 5. If Company, but if any reinsured policy Reinsured Policy is recaptured in accordance with this Articlerecaptured, all similarly situated Reinsured Policies eligible for recapture under the provisions of this Article must be recaptured up recaptured. If there is reinsurance in other companies on risks eligible for recapture, the necessary reduction is to be applied pro rata to the Ceding Company's new maximum retention limits. Such recapture must be done in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life that is eligible. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. 6. If this Agreement utilizes a "quota share" method of allocating the reinsured risk and the Ceding Company recaptures a portion of the reinsured risk, it must apply the same percentage ceded to each reinsurer when determining the amount to be recaptured.outstanding

Appears in 2 contracts

Samples: Automatic Self Administered Yrt Reinsurance Agreement (American Family Variable Account I), Automatic Self Administered Yrt Reinsurance Agreement (Carillon Life Account)

Recapture. The 12.1 Whenever the Ceding Company may increase increases its maximum retention limits over the maximum retention limits set forth in Exhibit I and therefore "Recapture" a portion A - Retention Limits of the reinsured risk if the following conditions have been met. 1. Reinsured Polices are not eligible for Recapture until the end of thirty (30) years, measured from each such Reinsured Policy's effective date. 2. The Ceding Company must give Generali USA ninety (90) days written notice prior to its intended date of the commencement of recapture. 3. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule of retention, the Ceding Company has the option to recapture certain risk amounts. For a Reinsured Policy, if If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for the plan of insurance and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to that Reinsured Policy to reduce the amount of reinsurance in forceforce as follows: (a) The Ceding Company must give the Reinsurer 90 days written notice prior to its intended date of recapture. 4. (b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for at least [number] years. 5. (c) If any reinsured policy is recaptured in accordance with this Articlerecaptured, all similarly situated Reinsured Policies reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new maximum retention limits. Such recapture must be done limits in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life that is eligiblelife. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. 6. If this Agreement utilizes a "quota share" method portions of allocating the reinsured risk and policy have been ceded to more than one reinsurer, the Ceding Company recaptures a portion must allocate the reduction in reinsurance among all the reinsurers so that the relationship of the total reinsurance among the reinsurers in any given layer does not change due to the recapture. The amount of reinsurance eligible for recapture is based on the net amount at risk as of the date of recapture. For a policy issued as a result of a fully-underwritten exchange, the policy date and the current duration of the new policy and the recapture provisions under this Agreement will be used. After the effective date of recapture, the Reinsurer will not be liable for any reinsured riskpolicies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, it must apply then the same percentage ceded successor ceding company has the option to each reinsurer when determining recapture the amount reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher retention limit than that applicable to be recapturedthe block of business subject to recapture.

Appears in 2 contracts

Samples: Automatic Yrt Reinsurance Agreement (Ids Life of New York Account 8), Reinsurance Agreement (Ids Life of New York Account 8)

Recapture. The If the Ceding Company may increase increases its maximum retention limits over Maximum Dollar Retention Limits listed in Section 3 of Schedule A, then it may, with 90 days’ written notice to the maximum retention limits set forth Reinsurer, reduce or recapture the reinsurance in Exhibit I and therefore "Recapture" a portion of the reinsured risk if force subject to the following conditions have been met.requirements: 1. Reinsured Polices are i. An in-force cession is not eligible for Recapture recapture until it has been reinsured for the end minimum number of thirty (30) years, measured from each such Reinsured Policy's years shown in Section 7 of Schedule A. The effective date. 2. The Ceding Company must give Generali USA ninety (90) days written notice prior to its intended date of the commencement reduction in reinsurance will be the later of recapture. 3. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule first policy anniversary following the expiration of retention. For a Reinsured Policy, if the Ceding Company has maintained its maximum retention for the plan of insurance 90-day notice period to recapture and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to that Reinsured Policy to reduce the amount of reinsurance in force. 4. The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following when the notice required minimum number of election to recaptureyears is attained. 5ii. If any reinsured policy is recaptured in accordance with this Article, On all similarly situated Reinsured Policies policies eligible for recapture under recapture, reinsurance will be reduced by the provisions of this Article must be recaptured amount necessary to increase the total insurance retained up to the Ceding Company's new maximum retention limitsMaximum Dollar Retention Limits. iii. Such If more than one policy per life is eligible for recapture, then any recapture must be done effected beginning with the policy with the earliest issue date and continuing in a consistent manner and chronological order according to the Ceding Company must increase its total amount of insurance on each reinsured life that is eligibleremaining policies’ issue dates. iv. The Ceding Company may not revoke rescind its election to recapture for policies becoming eligible at future anniversaries. 6. If this Agreement utilizes a "quota share" method v. Recapture of allocating the reinsured risk and reinsurance will not be allowed on any policy for which the Ceding Company recaptures did not keep its Maximum Dollar Retention Limit at issue. The Ceding Company’s Maximum Dollar Retention Limits are stated in Section 3 of Schedule A. vi. If any policy eligible for recapture is also eligible for recapture from other reinsurers, the reduction in the Reinsurer’s reinsurance on that policy will be in proportion to the total amount of reinsurance on the life with all reinsurers. vii. Recapture will not be made on a portion of basis that may result in any anti-selection against the reinsured risk, it must apply Reinsurer. The Reinsurer maintains the same percentage ceded discretion to each reinsurer determine when determining the amount to be recapturedanti-selection has occurred.

Appears in 2 contracts

Samples: Yearly Renewable Term Reinsurance Agreement (American National Variable Life Separate Account), Yearly Renewable Term Reinsurance Agreement (National Variable Life Insurance Account)

Recapture. The Ceding Company may apply an increase in its maximum retention limits over Retention Limit to reduce the maximum retention limits set forth ceded amount of inforce reinsurance provided that: a) The Company gives the Reinsurer irrevocable written notice of its intention to recapture; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties and with no recapture being made until the Reinsured Policy has been in force for the period specified in Exhibit I and therefore "Recapture" C-1. For a portion conversion or re-entry, the recapture terms of the reinsured risk if original policy will apply and the following conditions have been met. 1. Reinsured Polices are not eligible duration for Recapture until the end of thirty (30) years, recapture period will be measured from each such Reinsured Policy's the effective date. 2. The Ceding Company must give Generali USA ninety (90) days written notice prior to its intended date of the commencement original policy; and c) The Company has maintained, from the time the policy was issued, its full retention as set out in Exhibit D, and has applied its increased Retention Limit to all categories set out in Exhibit D. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of recapture. 3. The Recapture must occur in conjunction with an increase in issue will be used to determine the Ceding amount of the Company's maximum amount on its schedule of increased retention. For a Reinsured Policypolicies issued on an excess retention basis, if the Ceding Company has maintained its maximum retention for the plan of insurance and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to that Reinsured Policy to reduce the amount of reinsurance in force. 4. The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture. 5. If any reinsured policy is recaptured in accordance with this Article, all similarly situated Reinsured Policies eligible for recapture under will be the provisions difference between the amount originally retained and the amount the Company would have retained had the new retention been in effect at the time of this Article issue. For policies issued on a quota share basis, the amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained on the same quota share basis had the new retention been in effect at the time of issue. The amount of reinsurance eligible for recapture will be determined based on the reinsurance net amount at risk as of the date of recapture. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. Recapture is optional, but if any reinsured business is recaptured, all eligible reinsured business must be recaptured up to recaptured. In addition, all life risks reinsured under any other reinsurance agreement between the Ceding Company's new maximum retention limits. Such Reinsurer and the Company which are eligible for recapture must be done in a consistent manner and similarly recaptured. No reserves for the Ceding recaptured business will be paid to the Company must increase its total amount by the Reinsurer. Effective as of insurance on each reinsured life that is eligiblethe recapture date, the Reinsurer will not be liable for any eligible business which was overlooked. The Ceding Company may not revoke its election parties' obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture for policies becoming eligible at future anniversaries. 6date. If Upon recapture, each party will be deemed to be fully and finally released from all obligations under this Agreement utilizes a "quota share" method of allocating with respect to the reinsured risk and the Ceding Company recaptures a portion of the reinsured riskrecaptured business. Exhibit A Business Covered Agreement Effective Date: June 1, it must apply the same percentage ceded to each reinsurer when determining the amount to be recaptured2008. The commencement dates for specific plans are shown below.

Appears in 1 contract

Samples: Reinsurance Agreement (Ameritas Variable Separate Account V)

Recapture. The 12.1 Whenever the Ceding Company may increase Company, pursuant to Article 11, increases its maximum retention limits over the maximum retention limits set forth in Exhibit I and therefore "Recapture" a portion A - Retention Limits of the reinsured Ceding Company, the Ceding Company has the option to recapture certain risk if amounts. If the following conditions have been met.Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [percentage] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows: 1. Reinsured Polices are not eligible for Recapture until the end of thirty (30a) years, measured from each such Reinsured Policy's effective date. 2. The Ceding Company must give Generali USA the Reinsurer ninety (90) days written notice prior to its intended date of the commencement of recapture. 3. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule of retention. For a Reinsured Policy, if the Ceding Company has maintained its maximum retention for the plan of insurance and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to that Reinsured Policy to reduce the amount of reinsurance in force. 4. (b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [number] years. 5. (c) If any reinsured policy is recaptured in accordance with this Articlerecaptured, all similarly situated Reinsured Policies reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new maximum retention limits. Such recapture must be done limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life that is eligiblelife. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. 6. If Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of the date of recapture. For a policy issued as a result of an exchange or conversion, the policy date and current duration of the new policy and the recapture provisions under this Agreement utilizes a "quota share" method will be used. IDSL - [redacted] 20 VUL IV Plus/VUL IV Plus-ES Doc# 2081398 Following the effective date of allocating recapture, the Reinsurer will not be liable for any reinsured risk and policies or portions of such reinsured policies eligible for recapture that the Ceding Company recaptures has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a portion successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of the reinsured risk, it must apply the same percentage ceded business subject to each reinsurer when determining the amount to be recapturedrecapture.

Appears in 1 contract

Samples: Reinsurance Agreement (Ids Life Variable Life Separate Account)

Recapture. The 12.1 Whenever the Ceding Company may increase increases its maximum retention limits over the maximum retention limits set forth in Exhibit I and therefore "Recapture" a portion A - Retention Limits of the reinsured risk if the following conditions have been met. 1. Reinsured Polices are not eligible for Recapture until the end of thirty (30) years, measured from each such Reinsured Policy's effective date. 2. The Ceding Company must give Generali USA ninety (90) days written notice prior to its intended date of the commencement of recapture. 3. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule of retention, the Ceding Company has the option to recapture certain risk amounts. For a Reinsured Policy, if If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for the plan of insurance and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to that Reinsured Policy to reduce the amount of reinsurance in forceforce as follows: (a) The Ceding Company must give the Reinsurer 90 days written notice prior to its intended date of recapture. 4. (b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for at least 10 years. 5. (c) If any reinsured policy is recaptured in accordance with this Articlerecaptured, all similarly situated Reinsured Policies reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new maximum retention limits. Such recapture must be done limits in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life that is eligiblelife. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. 6. If this Agreement utilizes a "quota share" method portions of allocating the reinsured risk and policy have been ceded to more than one reinsurer, the Ceding Company recaptures a portion must allocate the reduction in reinsurance among all the reinsurers so that the relationship of the total reinsurance among the reinsurers in any given layer does not change due to the recapture. The amount of reinsurance eligible for recapture is based on the net amount at risk as of the date of recapture. For a policy issued as a result of a fully-underwritten exchange, the policy date and the current duration of the new policy and the recapture provisions under this Agreement will be used. After the effective date of recapture, the Reinsurer will not be liable for any reinsured riskpolicies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, it must apply then the same percentage ceded successor ceding company has the option to each reinsurer when determining recapture the amount reinsurance in accordance with the recapture criteria outlined in this Article, but only, if the successor ceding company has or adopts a higher retention limit than that applicable to be recapturedthe block of business subject to recapture.

Appears in 1 contract

Samples: Automatic Yrt Reinsurance Agreement (Ids Life of New York Account 8)

Recapture. The 11.1 Whenever the Ceding Company may increase increases its maximum retention limits over the maximum retention limits set forth in Exhibit I and therefore "Recapture" a portion of the reinsured risk if the following conditions have been met. 1. Reinsured Polices are not eligible for Recapture until the end of thirty (30) yearsA, measured from each such Reinsured Policy's effective date. 2. The Ceding Company must give Generali USA ninety (90) days written notice prior to its intended date of the commencement of recapture. 3. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule of retention, through the Administrator, has the option to recapture certain risk amounts. For a Reinsured Policy, if If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for the plan of insurance and the insured's ’s issue age, sex, and mortality classification, it may apply its increased retention limits to that Reinsured Policy to reduce the amount of reinsurance in forceforce as follows. 4. (a) The Ceding Company, through the Administrator, must give MARC thirty (30) days written notice prior to the commencement of recapture. (b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for at least twenty (20) years. 5. (c) If any reinsured policy is recaptured in accordance with this Articlerecaptured, all similarly situated Reinsured Policies reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's ’s new maximum retention limits. Such recapture must be done limits in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life that is eligiblelife. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. 6. If this Agreement utilizes a "quota share" method portions of allocating the reinsured policy have been ceded to more than one reinsurer, the Ceding Company, through the Administrator, must allocate the reduction in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same as if the new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is based on the current amount at risk as of the date of recapture. For a policy issued as a result of exchange, conversion, or re-entry, the recapture terms of the reinsurance agreement covering the original policy will apply, and the duration period for the purpose of recapture will be measured from the effective date of the reinsurance on the original policy. If there is a reinsured waiver of premium claim in effect when recapture takes place, MARC will continue to pay its share of the waiver claim until it terminates. MARC will not be liable for any other benefits, including the basic life risk, that are eligible for recapture. All such eligible benefits will be recaptured as if there were no waiver claim in effect. After the effective date of recapture, MARC will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company recaptures a portion of has overlooked. No recapture will be permitted if the reinsured risk, it must apply Ceding Company has either obtained or increased stop loss reinsurance coverage as justification for the same percentage ceded to each reinsurer when determining the amount to be recapturedincrease in retention limits.

Appears in 1 contract

Samples: Automatic Yrt Second Excess Reinsurance Agreement (First Trinity Financial CORP)

Recapture. The 11.1 Whenever the Ceding Company may increase increases its maximum retention limits over the maximum retention limits set forth in Exhibit I and therefore "Recapture" a portion of A, the reinsured risk if the following conditions have been met. 1. Reinsured Polices are not eligible for Recapture until the end of thirty (30) years, measured from each such Reinsured Policy's effective date. 2. The Ceding Company must give Generali USA ninety (90) days written notice prior has the option to its intended date of the commencement of recapture. 3recapture certain risk amounts. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule of retention. For a Reinsured Policy, if If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for the plan of insurance and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to that Reinsured Policy to reduce the amount of reinsurance in forceforce as follows. 4. (a) The Ceding Company must give MARC thirty (30) days written notice prior to the commencement of recapture. (b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for at least twenty (20) years. 5. (c) If any reinsured policy is recaptured in accordance with this Articlerecaptured, all similarly situated Reinsured Policies reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new maximum retention limits. Such recapture must be done limits in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life that is eligiblelife. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. 6. If this Agreement utilizes a "quota share" method portions of allocating the reinsured risk and policy have been ceded to more than one reinsurer, the Ceding Company recaptures a portion must allocate the reduction in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same as if the new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is based on the current amount at risk as of the date of recapture. For a policy issued as a result of exchange, conversion, or re-entry, the recapture terms of the reinsurance agreement covering the original policy will apply, and the duration period for the purpose of recapture will be measured from the effective date of the reinsurance on the original policy. If there is a reinsured waiver of premium claim in effect when recapture takes place, MARC will continue to pay its share of the waiver claim until it terminates. MARC will not be liable for any other benefits, including the basic life risk, it must apply that are eligible for recapture. All such eligible benefits will be recaptured as if there were no waiver claim in effect. After the same percentage ceded to each reinsurer when determining effective date of recapture, MARC will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the amount to Ceding Company has overlooked, provided however that MARC will be recaptured.liable for a refund in full of any premium so received. No recapture will be permitted if the Ceding Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in retention limits. 15 -------------------------------------------------------------------------------- [GRAPHIC OMITTED] MARC MUNICH RE GROUP

Appears in 1 contract

Samples: Automatic Yrt Reinsurance Agreement (Jackson National Separate Account Iv)

Recapture. The Ceding Company may apply an increase in its maximum retention limits over Retention Limit to reduce the maximum retention limits set forth ceded amount of inforce reinsurance provided that: a) The Company gives the Reinsurer irrevocable written notice of its intention to recapture; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties and with no recapture being made until the Reinsured Policy has been in force for the period specified in Exhibit I and therefore "Recapture" C-1. For a portion conversion or re-entry, the recapture terms of the reinsured risk if original policy will apply and the following conditions have been met. 1. Reinsured Polices are not eligible duration for Recapture until the end of thirty (30) years, recapture period will be measured from each such Reinsured Policy's the effective date. 2. The Ceding Company must give Generali USA ninety (90) days written notice prior to its intended date of the commencement of recapture.original policy; and 3. c) The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule of retention. For a Reinsured Policy, if the Ceding Company has maintained maintained, from the time the policy was issued, its maximum full retention for the plan of insurance and the insured's issue age, sexas set out in Exhibit D, and mortality classification, it may apply has applied its increased retention limits Retention Limit to that all categories set out in Exhibit D; and d) Other than as respects stop-loss, catastrophe, financial reinsurance arrangements, or sale of a block of business, the Company will retain all risks so recaptured and is prohibited from ceding in any form any of the recaptured business without the Reinsurer’s prior written consent. In applying its increased Retention Limit to Reinsured Policy Policies, the age and mortality rating at the time of issue will be used to reduce determine the amount of reinsurance in force. 4the Company’s increased retention. The reduction amount of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture. 5. If any reinsured policy is recaptured in accordance with this Article, all similarly situated Reinsured Policies eligible for recapture under will be the provisions difference between the amount originally retained and the amount the Company would have retained had the new retention been in effect at the time of this Article issue. The amount of reinsurance eligible for recapture will be determined based on the reinsurance net amount at risk as of the date of recapture. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. ODB# 103515US-09 Recapture is optional, but if any reinsured business is recaptured, all eligible reinsured business must be recaptured up to recaptured. In addition, all life risks reinsured under any other reinsurance agreement between the Ceding Company's new maximum retention limits. Such Reinsurer and the Company which are eligible for recapture must be done in a consistent manner and similarly recaptured. No reserves for the Ceding recaptured business will be paid to the Company must increase its total amount by the Reinsurer. Effective as of insurance on each reinsured life that is eligiblethe recapture date, the Reinsurer will not be liable for any eligible business which was overlooked. The Ceding Company may not revoke its election parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture for policies becoming eligible at future anniversaries. 6date. If Upon recapture, each party will be deemed to be fully and finally released from all obligations under this Agreement utilizes a "quota share" method of allocating with respect to the reinsured risk and the Ceding Company recaptures a portion of the reinsured risk, it must apply the same percentage ceded to each reinsurer when determining the amount to be recapturedrecaptured business.

Appears in 1 contract

Samples: Automatic Yrt Reinsurance Agreement (First Investors Life Level Premium Variable Lif Ins Sep Ac B)

Recapture. The 11.1 Whenever the Ceding Company may increase increases its maximum retention limits over the maximum retention limits set forth in Exhibit I and therefore "Recapture" a portion of the reinsured risk if the following conditions have been met. 1. Reinsured Polices are not eligible for Recapture until the end of thirty (30) yearsA, measured from each such Reinsured Policy's effective date. 2. The Ceding Company must give Generali USA ninety (90) days written notice prior to its intended date of the commencement of recapture. 3. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule of retention, through the Administrator, has the option to recapture certain risk amounts. For a Reinsured Policy, if If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for the plan of insurance and the insured's ’s issue age, sex, and mortality classification, it may apply its increased retention limits to that Reinsured Policy to reduce the amount of reinsurance in forceforce as follows. 4. (a) The Ceding Company, through the Administrator, must give IHLIC thirty (30) days written notice prior to the commencement of recapture. (b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for at least twenty (20) years. 5. (c) If any reinsured policy is recaptured in accordance with this Articlerecaptured, all similarly situated Reinsured Policies reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's ’s new maximum retention limits. Such recapture must be done limits in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life that is eligiblelife. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. 6. If this Agreement utilizes a "quota share" method portions of allocating the reinsured policy have been ceded to more than one reinsurer, the Ceding Company, through the Administrator, must allocate the reduction in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same as if the new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is based on the current amount at risk as of the date of recapture. For a policy issued as a result of exchange, conversion, or re-entry, the recapture terms of the reinsurance agreement covering the original policy will apply, and the duration period for the purpose of recapture will be measured from the effective date of the reinsurance on the original policy. If there is a reinsured waiver of premium claim in effect when recapture takes place, IHLIC will continue to pay its share of the waiver claim until it terminates. IHLIC will not be liable for any other benefits, including the basic life risk, that are eligible for recapture. All such eligible benefits will be recaptured as if there were no waiver claim in effect. After the effective date of recapture, IHLIC will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company recaptures a portion of has overlooked. No recapture will be permitted if the reinsured risk, it must apply Ceding Company has either obtained or increased stop loss reinsurance coverage as justification for the same percentage ceded to each reinsurer when determining the amount to be recapturedincrease in retention limits.

Appears in 1 contract

Samples: Automatic Yrt Reinsurance Agreement (First Trinity Financial CORP)

Recapture. The Ceding Company may increase its maximum retention limits over the maximum retention limits set forth in Exhibit I and therefore "Recapture" a portion of the reinsured risk if the following conditions have been met. 1. Reinsured Polices are policies will not be eligible for Recapture until the end of thirty (30) years, measured from each such Reinsured Policy's effective date. 2. The Ceding Company must give Generali USA ninety (90) days written notice prior recapture due solely to its intended date of the commencement of recapture. 3. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule of retention’s quota share percentage retained. For a Reinsured Policy, if the Ceding The Company has maintained its maximum retention for the plan of insurance and the insured's issue age, sex, and mortality classification, it may apply an increase in its increased retention limits to that Reinsured Policy Retention limit to reduce the amount of inforce reinsurance in force.ceded on an automatic basis provided, however, that: 4. a) The reduction Company gives the Reinsurer an irrevocable written notice of reinsurance on affected policies its intention to recapture; and b) Recapture will become effective be effected on the policy next anniversary date immediately following the notice of election to recapture. 5. If any reinsured policy is recaptured in accordance with this Article, all similarly situated each Reinsured Policies Policy eligible for recapture under unless agreed otherwise by both parties and with no recapture being made until the provisions Reinsured Policy has been in force for the period specified in the applicable Exhibit. For a conversion or re-entry, the recapture terms of this Article the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and c) The Company has maintained, from the time the policy was issued, its quota share retention as set out in Exhibit D, and has applied its increased Retention Limit to all categories set out in Exhibit D. In applying its increased Retention Limit to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of the Company’s increased retention. The amount of reinsurance eligible for recapture will be the difference between the amount originally retained and the amount the Company would have retained on the same quota share basis had the new retention been in effect at the time of issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. Recapture is optional, but if any reinsured business is recaptured, all eligible reinsured business must be recaptured. Eligible reinsured business means business with the same form of underwriting. In addition, all life risks reinsured under any other reinsurance agreement between the Reinsurer and the Company which are eligible for recapture must 12107058US·19 (01-01-2019) IOT17345US1Bl be similarly recaptured. No reserves for the recaptured up business will be paid to the Ceding Company's new maximum retention limitsCompany by the Reinsurer. Such Effective as of the recapture must date, the Reinsurer will not be done in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life that is eligibleliable for any eligible business which was overlooked. The Ceding Company may not revoke its election parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture for policies becoming eligible at future anniversaries. 6date, including payment of the termination settlement amount. If Upon recapture, each party will be deemed to be fully and finally released from all obligations under this Agreement utilizes a "quota share" method of allocating with respect to the reinsured risk and the Ceding Company recaptures a portion of the reinsured risk, it must apply the same percentage ceded to each reinsurer when determining the amount to be recapturedrecaptured business.

Appears in 1 contract

Samples: Reinsurance Agreement (Thrivent Variable Life Account I)

Recapture. The Ceding Whenever the Company may increase increases its maximum retention limits over the maximum retention limits set forth in Exhibit I A, the Company has the option to recapture certain risk amounts. If the Company has maintained its maximum stated retention (not a special retention limit) for the plan and therefore "Recapture" a portion insured's age, sex, and mortality classification, it may apply its increased retention limits to reduce the amount of the reinsured risk if the following conditions have been metreinsurance in force as follows. 1. Reinsured Polices are not eligible for Recapture until The Company must give the end of Reinsurer thirty (30) years, measured from each such Reinsured Policy's effective date. 2. The Ceding Company must give Generali USA ninety (90) days written notice prior to its intended date of the commencement of recapture. 3. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule of retention. For a Reinsured Policy, if the Ceding Company has maintained its maximum retention for the plan of insurance and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to that Reinsured Policy to reduce the amount of reinsurance in force. 42. The reduction of reinsurance on affected policies will shall become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction shall be made until a policy has been in force for at least [insert number of years] years. 53. If any reinsured policy is recaptured in accordance with this Articlerecaptured, all similarly situated Reinsured Policies reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new maximum retention limits. Such recapture must be done limits in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life that is eligiblelife. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. 6. If this Agreement utilizes a "quota share" method of allocating the reinsured risk and the Ceding Company recaptures a portion portions of the reinsured policy have been ceded to more than one reinsurer, the Company must allocate the reduction on reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same as if the new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is based on the current amount at risk as of the date of recapture. For a policy issued as a result of exchange, conversion, or re-entry, the recapture terms of the reinsurance Agreement covering the original policy shall apply, and the duration for the purpose of recapture shall be measured from the effective date of the reinsurance on the original policy. If there is a reinsured waiver of premium claim in effect when recapture takes place, the Reinsurer shall continue to pay its share of the waiver claim until it terminates. The Reinsurer shall not be liable for any other benefits, including the basic life risk, it must apply that are eligible for recapture. All such eligible benefits shall be recaptured as if there were no waiver claim in effect. After the same percentage ceded effective date of recapture, the Reinsurer shall not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Company has overlooked. The terms and conditions for the Company to each reinsurer when determining recapture reinsured policies, as made necessary by the amount to insolvency of the Reinsurer, are set forth in Article 16. No recapture shall be recapturedpermitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase on retention limits.

Appears in 1 contract

Samples: Reinsurance Agreement (US Alliance Corp)

Recapture. The 12.1 Whenever the Ceding Company may increase Company, pursuant to Article 11, increases its maximum retention limits over the maximum retention limits set forth in Exhibit I and therefore "Recapture" a portion A - Retention Limits of the reinsured Ceding Company, the Ceding Company has the option to recapture certain risk if amounts. If the following conditions have been met.Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [percentage] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows: 1. Reinsured Polices are not eligible for Recapture until the end of thirty (30a) years, measured from each such Reinsured Policy's effective date. 2. The Ceding Company must give Generali USA the Reinsurer ninety (90) days written notice prior to its intended date of the commencement of recapture. 3. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule of retention. For a Reinsured Policy, if the Ceding Company has maintained its maximum retention for the plan of insurance and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to that Reinsured Policy to reduce the amount of reinsurance in force. 4. (b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least thirty (30) years. 5. (c) If any reinsured policy is recaptured in accordance with this Articlerecaptured, all similarly situated Reinsured Policies reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new maximum retention limits. Such recapture must be done limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life that is eligiblelife. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. 6. If Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of the date of recapture. For a policy issued as a result of an exchange or conversion, the policy date and current duration of the new policy and the recapture provisions under this Agreement utilizes a "quota share" method will be used. IDSL - [redacted] VUL IV Plus/VUL IV Plus-ES Doc# 2080257 19 Following the effective date of allocating recapture, the Reinsurer will not be liable for any reinsured risk and policies or portions of such reinsured policies eligible for recapture that the Ceding Company recaptures has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a portion successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of the reinsured risk, it must apply the same percentage ceded business subject to each reinsurer when determining the amount to be recapturedrecapture.

Appears in 1 contract

Samples: Reinsurance Agreement (Ids Life Variable Life Separate Account)

Recapture. The Ceding Company may increase its maximum retention limits over the maximum retention limits set forth in Exhibit I and therefore "Recapture" a portion of the reinsured risk if the following conditions have been met. 1. Reinsured Polices are not eligible for Recapture until the end of thirty (30) years, measured from each such Reinsured Policy's effective date. 2. The Ceding Company must give Generali USA ninety (90) days written notice prior to its intended date of the commencement of recapture. 3. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule of retention. For a Reinsured Policy, if the Ceding Company has maintained its maximum retention for the plan of insurance and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to that reduce the benefit amount of in force Reinsured Policies provided: 7.2.1 The Company gives the Reinsurer written notice of its intention to recapture with XX days of the effective date of the retention increase; and 7.2.2 Such recaptures are made on the next anniversary of each Reinsured Policy a affected and with no recapture being made until the Reinsured Policy has been in force for the period stated in Exhibit C. For a conversion policy or re-entry, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and 7.2.3 The Company has maintained from the time the policy was issued, its full retention as set out in Exhibit D for the plan and the insured's classification. Reinsured policies on a first dollar quota share basis will not be eligible for Recapture; and 7.2.4 The company has applied its increased Retention Limits in a consistent manner to reduce all categories of its Retention Limits set out Exhibit D unless otherwise agreed to by the Reinsurer. In applying its increased Retention Limits to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of reinsurance in force. 4the Company's increased retention. The reduction of reinsurance on affected policies will become effective on Recapture as provided herein is optional with the policy anniversary date immediately following the notice of election to recapture. 5. If Company, but if any reinsured policy Reinsured Policy is recaptured in accordance with this Articlerecaptured, all similarly situated Reinsured Policies eligible for recapture under the provisions provision of this Article must be recaptured up recaptured. If there is reinsurance to be applied prorate to the Ceding Company's new maximum retention limitstotal outstanding reinsurance. Such recapture must be done in a consistent manner and the Ceding Company must increase its total The amount of insurance reinsurance eligible for recapture is based on each reinsured life that is eligiblethe reinsurance net amount at risk as of the date of recapture. The Ceding Company may not revoke its election recapture reinsurance if the Company his either obtained or increased stop loss reinsurance coverage as justification for the increase in retention. If there is a Waiver of Premium (W.P.) claim in effect when recapture takes place, the W.P. claim will stay in effect until W.P. claim terminates. The Reinsurer will not be liable for any other benefits, including the basic life risk, that are eligible for recapture. All such eligible benefits will be recaptured as if there was no W.P. claim. The Reinsurer will not be liable, after the effective date of recapture, for any Reinsured Policies or portions of such Reinsured Policies eligible for recapture, that the Company has overlooked. The Reinsurer will be liable only for a credit of the premiums, received after the recapture date, less any allowance. The terms and conditions for the Company to recapture for policies becoming eligible at future anniversaries. 6in force Reinsured Policies due to the insolvency of the Reinsurer are set out in the Insolvency clause in Article 11. If the Company transfers business which is reinsured under this Agreement utilizes to successor company, then the successor company has the option to recapture the reinsurance, in accordance with the recapture criteria outlined in this Article, only if the successor company has a "quota share" method of allocating higher retention limit than the reinsured risk and the Ceding Company recaptures a portion of the reinsured risk, it must apply the same percentage ceded to each reinsurer when determining the amount to be recapturedCompany.

Appears in 1 contract

Samples: Reinsurance Agreement (Llac Variable Account)

Recapture. The If the Ceding Company increases its Maximum Dollar Retention Limits, then it may also increase its Quota Share Percentage, set forth in Schedule A. Subsequent to both increases, Ceding Company may increase its maximum retention limits over then, with 90 days' written notice to the maximum retention limits set forth Reinsurer, reduce or recapture the reinsurance in Exhibit I and therefore "Recapture" a portion of the reinsured risk if force subject to the following conditions have been met.requirements: 1. Reinsured Polices are i. An in-force cession is not eligible for Recapture recapture until it has been reinsured for the end minimum number of thirty (30) years, measured from each such Reinsured Policy's years shown in Schedule A. The effective date. 2. The Ceding Company must give Generali USA ninety (90) days written notice prior to its intended date of the commencement reduction in reinsurance shall be the later of recapture. 3. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule first policy anniversary following the expiration of retention. For a Reinsured Policy, if the Ceding Company has maintained its maximum retention for the plan of insurance 90-day notice period to recapture and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to that Reinsured Policy to reduce the amount of reinsurance in force. 4. The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following when the notice required minimum of election to recaptureyears is attained, or as otherwise agreed between the parties. 5ii. On all policies eligible for recapture, reinsurance will be reduced by the amount necessary to increase the total insurance retained up to the new Quota Share Percentage. iii. If more than one policy per life is eligible for recapture, then the eligible policies may be recaptured beginning with the policy with the earliest issue date and continuing in chronological order according to the remaining policies' issue dates. iv. Recapture will not be allowed on any reinsured policy for which the Ceding Company did not keep its Maximum Dollar Retention Limit or the full Quota Share Percentage as stated in Schedule A, whichever is recaptured in accordance with this Article, all similarly situated Reinsured Policies less. v. If any policy eligible for recapture under is also eligible for recapture from other reinsurers, the provisions of this Article must reduction in the Reinsurer's reinsurance on that policy will be recaptured up in proportion to the Ceding Company's new maximum retention limits. Such recapture must be done in a consistent manner and the Ceding Company must increase its total amount of insurance reinsurance on each reinsured the life with all reinsurers. vi. Recapture will not be made on a basis that is eligiblemay result in any anti-selection against the Reinsurer. The Ceding Company may not revoke its election Reinsurer maintains the discretion to recapture for policies becoming eligible at future anniversariesdetermine when anti-selection has occurred. 6. If this Agreement utilizes a "quota share" method of allocating the reinsured risk and the Ceding Company recaptures a portion of the reinsured risk, it must apply the same percentage ceded to each reinsurer when determining the amount to be recaptured.

Appears in 1 contract

Samples: Reinsurance Agreement (Mony America Variable Account L)

Recapture. The 12.1 Whenever the Ceding Company may increase increases its maximum retention limits over the maximum retention limits set forth in Exhibit I and therefore "Recapture" a portion A - Retention Limits of the reinsured risk if the following conditions have been met. 1. Reinsured Polices are not eligible for Recapture until the end of thirty (30) years, measured from each such Reinsured Policy's effective date. 2. The Ceding Company must give Generali USA ninety (90) days written notice prior to its intended date of the commencement of recapture. 3. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule of retention, the Ceding Company has the option to recapture certain risk amounts. For a Reinsured Policy, if If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for the plan of insurance and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to that Reinsured Policy to reduce the amount of reinsurance in forceforce as follows: (a) The Ceding Company must give the Reinsurer 90 days written notice prior to its intended date of recapture. 4. (b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for at least 10 years. 5. (c) If any reinsured policy is recaptured in accordance with this Articlerecaptured, all similarly situated Reinsured Policies reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new maximum retention limits. Such recapture must be done limits in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life that is eligiblelife. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. 6. If this Agreement utilizes a "quota share" method portions of allocating the reinsured risk and policy have been ceded to more than one reinsurer, the Ceding Company recaptures a portion must allocate the reduction in reinsurance among all the reinsurers so that the relationship of the total reinsurance among the reinsurers in any given layer does not change due to the recapture. The amount of reinsurance eligible for recapture is based on the net amount at risk as of the date of recapture. For a policy issued as a result of a fully-underwritten exchange, the policy date and the current duration of the new policy and the recapture provisions under this Agreement will be used. After the effective date of recapture, the Reinsurer will not be liable for any reinsured riskpolicies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, it must apply then the same percentage ceded successor ceding company has the option to each reinsurer when determining recapture the amount reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher retention limit than that applicable to be recaptured.the block of business subject to recapture. IDS VUL JLLS Generic Master Treaty

Appears in 1 contract

Samples: Automatic Yrt Reinsurance Agreement (Ids Life Variable Life Separate Account)

Recapture. The Ceding Option 1 (Excess Reinsurance) Whenever the Company may increase increases its maximum retention limits over the maximum retention limits set forth in Exhibit I A, the Company has the option to recapture certain risk amounts. If the Company has maintained its maximum stated retention (not a special retention limit) for the plan and therefore "Recapture" a portion insured's age, sex, and mortality classification, it may apply its increased retention limits to reduce the amount of the reinsured risk if the following conditions have been metreinsurance in force as follows. 1. Reinsured Polices are not eligible for Recapture until a. The Company must give the end of Reinsurer thirty (30) years, measured from each such Reinsured Policy's effective date. 2. The Ceding Company must give Generali USA ninety (90) days written notice prior to its intended date of the commencement of recapture. 3. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule of retention. For a Reinsured Policy, if the Ceding Company has maintained its maximum retention for the plan of insurance and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to that Reinsured Policy to reduce the amount of reinsurance in force. 4. b. The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for at least [insert number of years] years. 5. c. If any reinsured policy is recaptured in accordance with this Articlerecaptured, all similarly situated Reinsured Policies reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Companycompany's new maximum retention limits. Such recapture must be done limits in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life that is eligiblelife. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. 6. If this Agreement utilizes a "quota share" method of allocating the reinsured risk and the Ceding Company recaptures a portion portions of the reinsured policy have been ceded to more than one reinsurer, the Company must allocate the reduction on reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same as if the new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is based on the current amount at risk as of the date of recapture. For a policy issued as a result of exchange, conversion, or re-entry, the recapture terms of the reinsurance agreement covering the original policy will apply, and the duration for the purpose of recapture will be measured from the effective date of the reinsurance on the original policy. If there is a reinsured waiver of premium claim in effect when recapture takes place, the Reinsurer will continue to pay its share of the waiver claim until it terminates. The Reinsurer will not be liable for any other benefits, including the basic life risk, it must apply that are eligible for recapture. All such eligible benefits will be recaptured as if there were no waiver claim in effect. After the same percentage ceded effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Company has overlooked. The terms and conditions for the Company to each reinsurer when determining recapture reinsured policies, as made necessary by the amount to insolvency of the Reinsurer, are set forth in Article XIV, C. No recapture will be recapturedpermitted if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase on retention limits. Option 2 (First Dollar Quota Share Reinsurance). a. Recapture will not be allowed under this Agreement.

Appears in 1 contract

Samples: Reinsurance Agreement (Llac Variable Account)

Recapture. The 12.1 Whenever the Ceding Company may increase Company, pursuant to Article 11, increases its maximum retention limits over the maximum retention limits set forth in Exhibit I and therefore "Recapture" a portion A − Retention Limits of the reinsured risk if the following conditions have been met. 1. Reinsured Polices are not eligible for Recapture until the end of thirty (30) years, measured from each such Reinsured Policy's effective date. 2. The Ceding Company must give Generali USA ninety (90) days written notice prior to its intended date of the commencement of recapture. 3. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule of retention, the Ceding Company has the option to recapture certain risk amounts. For a Reinsured Policy, if If the Ceding Company has maintained its maximum stated retention for the plan of insurance and the insured's issue age, sex, and mortality classificationclassification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [*] on a facultative risk, it may apply its increased retention limits to that Reinsured Policy to reduce the amount of reinsurance in forceforce as follows: (a) The Ceding Company must notify the Reinsurer in writing within ninety (90) days of the effective date of an increase of its intent to recapture. 4. (b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [*]. 5. (c) If any reinsured policy is recaptured in accordance with this Articlerecaptured, all similarly situated Reinsured Policies reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new maximum retention limits. Such recapture must be done limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life that is eligiblelife. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. 6. If For the sake of clarity, the increased retention limits used as a basis to reduce the amount of reinsurance in force may be the result of an increase in the Ceding Company's Per Life Retention, an increase to the [*] quota share retention rate outlined in Exhibit A, or both. Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of the date of recapture. For a policy issued as a result of an exchange or conversion, the policy date and current duration of the new policy and the recapture provisions under this Agreement utilizes a "quota share" method will be used. 18 Following the effective date of allocating recapture, the Reinsurer will not be liable for any reinsured risk and policies or portions of such reinsured policies eligible for recapture that the Ceding Company recaptures has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a portion successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of the reinsured risk, it must apply the same percentage ceded business subject to each reinsurer when determining the amount to be recapturedrecapture.

Appears in 1 contract

Samples: Reinsurance Agreement (Riversource Variable Life Separate Account)

Recapture. The If the Ceding Company may increase increases its maximum retention limits over Maximum Dollar Retention Limits shown in Section 3 of Schedule A, then it may, with 90 day's Written notice to the maximum retention limits set forth reinsurer, reduce or recapture the reinsurance in Exhibit I and therefore "Recapture" a portion of the reinsured risk if force subject to the following conditions have been met.requirments: 1. Reinsured Polices are i. An in-force cession is not eligible for Recapture recapture until it has been reinsured for the end minimum number of thirty (30) years, measured from each such Reinsured Policy's years shown in Section 7 of Schedule A. The effective date. 2. The Ceding Company must give Generali USA ninety (90) days written notice prior to its intended date of the commencement reduction in reinsurance will be the later of recapture. 3. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule first policy anniversary following the expiration of retention. For a Reinsured Policy, if the Ceding Company has maintained its maximum retention for the plan of insurance 90-day notice period to recapture and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to that Reinsured Policy to reduce the amount of reinsurance in force. 4. The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following when the notice required minimum number of election to recaptureyears is attained. 5ii. If any reinsured policy is recaptured in accordance with this Article, On all similarly situated Reinsured Policies policies eligible for recapture under recapture, reinsurance will be reduced by the provisions of this Article must be recaptured amount necessary to increase the total insurance retained up to the Ceding Company's new maximum retention limitsMaximum Dollar Retention Limits iii. Such If more than one policy per life is eligible for recapture, then any recapture must be done effected beginning with the policy with the earliest issue date and continuing in a consistent manner and chronological order according to the Ceding Company must increase its total amount of insurance on each reinsured life that is eligibleremaining policies' issue dates. iv. The Ceding Company may not revoke rescind its election to recapture for policies becoming eligible at future anniversaries. 6. If this Agreement utilizes a "quota share" method v. Recapture of allocating the reinsured risk and reinsurance will not be allowed on any policy for which the Ceding Company recaptures did not keep its Maximum Dollar Retention Limit at issue. The Ceding Company's Maximum Dollar Retention Limits are stated in Section 3 of Schedule A. vi. If any policy eligible for recapture is also eligible for recapture from other reinsurers, the reduction in the Reinsurer's reinsurance on that policy will be in proportion to the total amount of reinsurance on the life with all reinsurers. vii. Recapture will not be made on a portion basis that may result in any anti-selection against the Reinsurer. The Reinsurer maintains the discretion to determine when anti-selection has occurred. viii. Upon the effective date of recapture and again six months following the reinsured riskrecapture, it must apply the same percentage ceded Reinsurer will calculate a terminal accounting that will include a refund of unearned premiums and unpaid claims. The Reinsurer will not pay to each reinsurer when determining the Ceding Company any amount representing the reserve held on the business. Payment of amounts specified in the terminal accounting will be the Reinsurer's full and final payment to be recapturedthe Ceding Company.

Appears in 1 contract

Samples: Coinsurance Agreement (Cuna Mutual Variable Life Insurance Account)

Recapture. The Ceding Company may apply an increase in its maximum retention limits over Retention Limit to reduce the maximum retention limits set forth ceded amount of inforce reinsurance provided that: a) The Company gives the Reinsurer irrevocable written notice of its intention to recapture; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties and with no recapture being made until the Reinsured Policy has been in force for the period specified in Exhibit I and therefore "Recapture" C-1. For a portion conversion or re-entry, the recapture terms of the reinsured risk if original policy will apply and the following conditions have been met. 1. Reinsured Polices are not eligible duration for Recapture until the end of thirty (30) years, recapture period will be measured from each such Reinsured Policy's the effective date. 2. The Ceding Company must give Generali USA ninety (90) days written notice prior to its intended date of the commencement of recapture.original policy; and 3. c) The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule of retention. For a Reinsured Policy, if the Ceding Company has maintained maintained, from the time the policy was issued, its maximum full retention for the plan of insurance and the insured's issue age, sexas set out in Exhibit D, and mortality classification, it may apply has applied its increased retention limits Retention Limit to that all categories set out in Exhibit D. In applying its increased Retention Limit to Reinsured Policy Policies, the age and mortality rating at the time of issue will be used to reduce determine the amount of reinsurance in force. 4the Company's increased retention. The reduction amount of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture. 5. If any reinsured policy is recaptured in accordance with this Article, all similarly situated Reinsured Policies eligible for recapture under will be the provisions difference between the amount originally retained and the amount the Company would have retained had the new retention been in effect at the time of this Article issue. The amount of reinsurance eligible for recapture will be determined based on the reinsurance net amount at risk as of the date of recapture. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. Recapture is optional, but if any reinsured business is recaptured, all eligible reinsured business must be recaptured up to recaptured. In addition, all life risks reinsured under any other reinsurance agreement between the Ceding Company's new maximum retention limits. Such Reinsurer and the Company which are eligible for recapture must be done in a consistent manner and similarly recaptured. No reserves for the Ceding recaptured business will be paid to the Company must increase its total amount by the Reinsurer. Effective as of insurance on each reinsured life that is eligiblethe recapture date, the Reinsurer will not be liable for any eligible business which was overlooked. The Ceding Company may not revoke its election parties' obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture for policies becoming eligible at future anniversaries. 6date. If Upon recapture, each party will be deemed to be fully and finally released from all obligations under this Agreement utilizes a "quota share" method of allocating with respect to the reinsured risk and the Ceding Company recaptures a portion of the reinsured risk, it must apply the same percentage ceded to each reinsurer when determining the amount to be recapturedrecaptured business.

Appears in 1 contract

Samples: Reinsurance Agreement (Ameritas Variable Separate Account V)

Recapture. The 12.1 Whenever the Ceding Company may increase increases its maximum retention limits over the maximum retention limits set forth in Exhibit I and therefore "Recapture" a portion A - Retention Limits of the reinsured risk if the following conditions have been met. 1. Reinsured Polices are not eligible for Recapture until the end of thirty (30) years, measured from each such Reinsured Policy's effective date. 2. The Ceding Company must give Generali USA ninety (90) days written notice prior to its intended date of the commencement of recapture. 3. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule of retention, the Ceding Company has the option to recapture certain risk amounts. For a Reinsured Policy, if If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for the plan of insurance and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to that Reinsured Policy to reduce the amount of reinsurance in forceforce as follows: (a) The Ceding Company must give the Reinsurer 90 days written notice prior to its intended date of recapture. 4. (b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for at least [number] years. 5. (c) If any reinsured policy is recaptured in accordance with this Articlerecaptured, all similarly situated Reinsured Policies reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new maximum retention limits. Such recapture must be done limits in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life that is eligiblelife. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. 6. If this Agreement utilizes a "quota share" method portions of allocating the reinsured risk and policy have been ceded to more than one reinsurer, the Ceding Company recaptures a portion must allocate the reduction in reinsurance among all the reinsurers so that the relationship of the total reinsurance among the reinsurers in any given layer does not change due to the recapture. The amount of reinsurance eligible for recapture is based on the net amount at risk as of the date of recapture. For a policy issued as a result of a fully-underwritten exchange, the policy date and the current duration of the new policy and the recapture provisions under this Agreement will be used. After the effective date of recapture, the Reinsurer will not be liable for any reinsured riskpolicies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, it must apply then the same percentage ceded successor ceding company has the option to each reinsurer when determining recapture the amount reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher retention limit than that applicable to be recaptured.the block of business subject to recapture. IDSL Succession Select Treaty

Appears in 1 contract

Samples: Automatic Yrt Reinsurance Agreement (Ids Life Variable Life Separate Account)

Recapture. The Ceding Whenever the Company changes its limits of retention, it shall promptly notify the Reinsurer. If the Company increases its retention limits, it may increase exercise its maximum retention limits over right of recapture and reduce the maximum retention limits set forth existing reinsurance by a corresponding amount, in Exhibit I and therefore "Recapture" a portion of the reinsured risk if accordance with the following conditions have been metrules. 1. Reinsured Polices are not eligible No reduction shall be made in the reinsurance on any policy unless the Company retained its maximum retention limit for Recapture until the end of thirty (30) yearsplan, measured from each such Reinsured Policy's effective dateage and mortality ratings at the time the policy was issued. 2. The Ceding reduction in reinsurance shall be made on the next anniversary of each policy affected. However, no reduction shall be made until a policy has been in-force for twenty years. 3. The Company must shall give Generali USA the Reinsurer ninety (90) days written notice prior of its intention to recapture existing business reinsured under this Agreement in accordance with its intended date of the commencement of recapture. 3. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule new limits of retention. For a Reinsured Policy, if the Ceding Company has maintained its maximum retention for the plan of insurance and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to that Reinsured Policy to reduce the amount of reinsurance in force. 4. The reduction of If any reinsurance on affected policies will become effective on the policy anniversary date immediately is recaptured following the notice of election a retention increase, all reinsurance which is subject to recapturerecapture under these provisions must be similarly recaptured. 5. If any reinsured policy there is recaptured reinsurance in accordance with this Article, all similarly situated Reinsured Policies other companies on risks eligible for recapture under recapture, the provisions Reinsurer's reduction will be in proportion to its share of this Article must be recaptured up to the Ceding Company's new maximum retention limits. Such recapture must be done in a consistent manner and total reinsurance on the Ceding Company must increase its total amount of insurance on each reinsured life that is eligible. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversarieslife. 6. If this Agreement utilizes In the event that any reinsurance policy affected by recapture is overlooked, the acceptance by the Reinsurer of reinsurance premiums after the effective dates of the reductions or cancellations shall not constitute or determine a "quota share" method liability on the part of allocating the reinsured risk Reinsurer for such reinsurance, and the Ceding Company recaptures Reinsurer shall be liable only for a portion refund of the premiums so received, without interest. 7. No reduction may be made in any supplemental benefits reinsured riskunless the life reinsurance is also being reduced. 8. If at the time of recapture the risk is an active claim for Waiver of Premium Disability, it must apply the same percentage ceded life risk shall be considered subject to each reinsurer when determining recapture. However, the amount to be recaptured.original disability reinsurance shall remain in force until such time as the disability claim ceases. GENERAL & COLOGNE LIFE RE OF AMERICA

Appears in 1 contract

Samples: Reinsurance Agreement (Carillon Life Account)

Recapture. The If the Ceding Company may increase increases its maximum retention limits over Maximum Dollar Retention Limits shown in Section 3 of Schedule A, then it may, with 90 days’ written notice to the maximum retention limits set forth Reinsurer, reduce or recapture the reinsurance in Exhibit I and therefore "Recapture" a portion of the reinsured risk if force subject to the following conditions have been met.requirements: 1. Reinsured Polices are i. An in-force cession is not eligible for Recapture recapture until it has been reinsured for the end minimum number of thirty (30) years, measured from each such Reinsured Policy's years shown in Section 7 of Schedule A. The effective date. 2. The Ceding Company must give Generali USA ninety (90) days written notice prior to its intended date of the commencement reduction in reinsurance will be the later of recapture. 3. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule first policy anniversary following the expiration of retention. For a Reinsured Policy, if the Ceding Company has maintained its maximum retention for the plan of insurance 90-day notice period to recapture and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to that Reinsured Policy to reduce the amount of reinsurance in force. 4. The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following when the notice required minimum number of election to recaptureyears is attained. 5ii. If any reinsured policy is recaptured in accordance with this Article, On all similarly situated Reinsured Policies policies eligible for recapture under recapture, reinsurance will be reduced by the provisions of this Article must be recaptured amount necessary to increase the total insurance retained up to the Ceding Company's new maximum retention limitsMaximum Dollar Retention Limits. iii. Such If more than one policy per life is eligible for recapture, then any recapture must be done effected beginning with the policy with the earliest issue date and continuing in a consistent manner and chronological order according to the Ceding Company must increase its total amount of insurance on each reinsured life that is eligibleremaining policies’ issue dates. iv. The Ceding Company may not revoke rescind its election to recapture for policies becoming eligible at future anniversaries. 6. If this Agreement utilizes a "quota share" method v. Recapture of allocating the reinsured risk and reinsurance will not be allowed on any policy for which the Ceding Company recaptures did not keep its Maximum Dollar Retention Limit at issue. The Ceding Company’s Maximum Dollar Retention Limits are stated in Section 3 of Schedule A. vi. If any policy eligible for recapture is also eligible for recapture from other reinsurers, the reduction in the Reinsurer’s reinsurance on that policy will be in proportion to the total amount of reinsurance on the life with all reinsurers. vii. Recapture will not be made on a portion basis that may result in any anti-selection against the Reinsurer. The Reinsurer maintains the discretion to determine when anti-selection has occurred. viii. Upon the effective date of recapture and again six months following the reinsured riskrecapture, it must apply the same percentage ceded Reinsurer will calculate a terminal accounting that will include a refund of unearned premiums and unpaid claims. The Reinsurer will not pay to each reinsurer when determining the Ceding Company any amount representing the reserve held on the business. Payment of amounts specified in the terminal accounting will be the Reinsurer’s full and final payment to be recapturedthe Ceding Company.

Appears in 1 contract

Samples: Reinsurance Agreement (Kansas City Life Insurance Co)

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Recapture. The Ceding Company may apply an increase in its maximum retention limits over Retention Limit to reduce the maximum retention limits set forth in Exhibit I and therefore "Recapture" a portion ceded amount of inforce reinsurance provided, however, that: a) The Company gives the reinsured risk if the following conditions have been met. 1. Reinsured Polices are not eligible for Recapture until the end of thirty (30) years, measured from each such Reinsured Policy's effective date. 2. The Ceding Company must give Generali USA ninety (90) days Reinsurer an irrevocable written notice prior of its intention to its intended recapture within one year after the effective date of the commencement of recapture. 3. The Recapture must occur in conjunction with an increase in its Retention Limit; and b) Recapture will be effected on the Ceding Company's maximum amount on its schedule next anniversary of retentioneach Reinsured Policy eligible for recapture unless agreed otherwise by both parties and with no recapture being made until the Reinsured Policy has been in force for the period specified in Exhibit C-1. For a Reinsured Policyconversion or re-entry, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and c) The Company has maintained, from the time the policy was issued, its quota share retention as set out in Exhibit D, and has applied its increased Retention Limit to all categories set out in Exhibit D; and d) Other than as respects catastrophe or financial reinsurance arrangements, the Company will retain all recaptured risks. No recapture will occur if the Ceding Company has maintained its maximum retention either obtained or increased stop loss reinsurance coverage as justification for the plan of insurance and increase in retention. In applying its increased Retention Limit to Reinsured Policies, the insured's issue age, sex, age and mortality classification, it may apply its increased retention limits rating at the time of issue will be used to that Reinsured Policy to reduce determine the amount of reinsurance in force. 4the Company’s increased retention. The reduction amount of reinsurance on affected policies eligible for recapture will become effective be the difference between the amount originally retained and the amount the Company would have retained on the policy anniversary date immediately following same quota share basis had the notice new retention been in effect at the time of election to recapture. 5issue. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. Recapture is optional, but if any reinsured policy business is recaptured recaptured, all eligible reinsured business must be recaptured. In addition, all life risks reinsured under any other reinsurance agreement between the Reinsurer and the Company which are eligible for recapture must be similarly recaptured. Any successor of the Company will have the option to recapture reinsurance in accordance with this Article, all similarly situated Reinsured Policies eligible for recapture provided that the successor company has or adopts a higher retention limit than previously used by the Company. If the Company elects to terminate reinsurance under the provisions of this Article must Article, a termination settlement will be recaptured up made according to the Ceding Company's new maximum retention limitsterms specified in the Business Transfer Events provision of Exhibit C-1, but will not include amounts specified in 12(d) of that provision. Such Effective as of the recapture must date, the Reinsurer will not be done in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life that is eligibleliable for any eligible business which was overlooked. The Ceding Company may not revoke its election parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture for policies becoming eligible at future anniversaries. 6date, including payment of the termination settlement amount. If Upon payment of the termination settlement amount, each party will be deemed to be fully and finally released from all obligations under this Agreement utilizes a "quota share" method of allocating with respect to the reinsured risk and the Ceding Company recaptures a portion of the reinsured risk, it must apply the same percentage ceded to each reinsurer when determining the amount to be recapturedrecaptured business.

Appears in 1 contract

Samples: Reinsurance Agreement (Tiaa-Cref Life Separate Account Vli-1)

Recapture. The 12.1 Whenever the Ceding Company may increase increases its maximum retention limits over the maximum retention limits set forth in Exhibit I and therefore "Recapture" a portion A - Retention Limits of the reinsured risk if the following conditions have been met. 1. Reinsured Polices are not eligible for Recapture until the end of thirty (30) years, measured from each such Reinsured Policy's effective date. 2. The Ceding Company must give Generali USA ninety (90) days written notice prior to its intended date of the commencement of recapture. 3. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule of retention, the Ceding Company has the option to recapture certain risk amounts. For a Reinsured Policy, if If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for the plan of insurance and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to that Reinsured Policy to reduce the amount of reinsurance in forceforce as follows: (a) The Ceding Company must give the Reinsurer 90 days written notice prior to its intended date of recapture. 4. (b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for at least 10 years. 5. (c) If any reinsured policy is recaptured in accordance with this Articlerecaptured, all similarly situated Reinsured Policies reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new maximum retention limits. Such recapture must be done limits in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life that is eligiblelife. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. 6. If this Agreement utilizes a "quota share" method portions of allocating the reinsured risk and policy have been ceded to more than one reinsurer, the Ceding Company recaptures a portion must allocate the reduction in reinsurance among all the reinsurers so that the relationship of the total reinsurance among the reinsurers in any given layer does not change due to the recapture. The amount of reinsurance eligible for recapture is based on the net amount at risk as of the date of recapture. For a policy issued as a result of a fully-underwritten exchange, the policy date and the current duration of the new policy and the recapture provisions under this Agreement will be used. After the effective date of recapture, the Reinsurer will not be liable for any reinsured riskpolicies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, it must apply then the same percentage ceded successor ceding company has the option to each reinsurer when determining recapture the amount reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher retention limit than that applicable to be recapturedthe block of business subject to recapture.

Appears in 1 contract

Samples: Automatic Yrt Reinsurance Agreement (Ids Life of New York Account 8)

Recapture. The If the Ceding Company may increase increases its maximum retention limits over Maximum Dollar Retention Limits listed in Section 3 of Schedule A, then it may, with 90 days' written notice to the maximum retention limits set forth Reinsurer, reduce or recapture the reinsurance in Exhibit I and therefore "Recapture" a portion of the reinsured risk if force subject to the following conditions have been met.requirements: 1. Reinsured Polices are i. An in-force cession is not eligible for Recapture recapture until it has been reinsured for the end minimum number of thirty (30) years, measured from each such Reinsured Policy's years shown in Section 7 of Schedule A. The effective date. 2. The Ceding Company must give Generali USA ninety (90) days written notice prior to its intended date of the commencement reduction in reinsurance will be the later of recapture. 3. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule first policy anniversary following the expiration of retention. For a Reinsured Policy, if the Ceding Company has maintained its maximum retention for the plan of insurance 90-day notice period to recapture and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to that Reinsured Policy to reduce the amount of reinsurance in force. 4. The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following when the notice required minimum number of election to recaptureyears is attained. 5ii. If any reinsured policy is recaptured in accordance with this Article, On all similarly situated Reinsured Policies policies eligible for recapture under recapture, reinsurance will be reduced by the provisions of this Article must be recaptured amount necessary to increase the total insurance retained up to the Ceding Company's new maximum retention limitsMaximum Dollar Retention Limits. iii. Such If more than one policy per life is eligible for recapture, then any recapture must be done effected beginning with the policy with the earliest issue date and continuing in a consistent manner and chronological order according to the Ceding Company must increase its total amount of insurance on each reinsured life that is eligibleremaining policies' issue dates. iv. The Ceding Company may not revoke rescind its election to recapture for policies becoming eligible at future anniversaries. 6v. Recapture of reinsurance will not be allowed on any policy for which the Ceding Company did not keep its Maximum Dollar Retention Limit at issue. The Ceding Company's Maximum Dollar Retention Limits are stated in Section 3 of Schedule A. vi. If this Agreement utilizes any policy eligible for recapture is also eligible for recapture from other reinsurers, the reduction in the Reinsurer's reinsurance on that policy will be in proportion to the total amount of reinsurance on the life with all reinsurers. vii. Recapture will not be made on a "quota share" method basis that may result in any anti-selection against the Reinsurer. However, if the Reinsurer has given the Ceding Company written notice of allocating the reinsured risk a reinsurance premium rate increase and the Ceding Company recaptures a portion of the reinsured riskExercises their right to recapture as set forth in Article 7.e, it must apply the same percentage ceded to each reinsurer when determining the amount to be recapturedrestrictions i. and v. above shall not apply.

Appears in 1 contract

Samples: Reinsurance Agreement (Tiaa-Cref Life Separate Account Vli-1)

Recapture. The Ceding Company may increase its maximum retention limits over the maximum retention limits set forth in Exhibit I and therefore "Recapture" a portion of the reinsured risk if the following conditions have been met. 1. Reinsured Polices are not eligible for Recapture until the end of thirty (30) 20 years, measured from each such Reinsured Policy's effective date. 2. The Ceding Company must give Generali USA ninety (90) days written notice prior to its intended date of the commencement of recapture. 3. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule of retention. For a Reinsured Policy, if the Ceding Company has maintained its maximum retention for the plan of insurance and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to that Reinsured Policy to reduce the amount of reinsurance in force. 4. The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture. 5. If any reinsured policy is recaptured in accordance with this Article, all similarly situated Reinsured Policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new maximum retention limits. Such recapture must be done in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life that is eligible. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. 6. If this Agreement utilizes a "quota share" method of allocating the reinsured risk and the Ceding Company recaptures a portion of the reinsured risk, it must apply the same percentage ceded to each reinsurer when determining the amount to be recaptured.

Appears in 1 contract

Samples: Reinsurance Agreement (Ameritas Variable Separate Account V)

Recapture. The 11.1 Whenever the Ceding Company may increase increases its maximum retention limits over the maximum retention limits set forth in Exhibit I and therefore "Recapture" a portion of A, the reinsured risk if the following conditions have been met. 1. Reinsured Polices are not eligible for Recapture until the end of thirty (30) years, measured from each such Reinsured Policy's effective date. 2. The Ceding Company must give Generali USA ninety (90) days written notice prior has the option to its intended date of the commencement of recapture. 3recapture certain risk amounts. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule of retention. For a Reinsured Policy, if If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for the plan of insurance and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to that Reinsured Policy to reduce the amount of reinsurance in forceforce as follows. 4. (a) The Ceding Company must give MARC thirty (30) days written notice prior to the commencement of recapture. (b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture.; however, no reduction will be made until a policy has been in force for at least the number of years specified in Exhibit D. 5. (c) If any reinsured policy is recaptured in accordance with this Articlerecaptured, all similarly situated Reinsured Policies reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new maximum retention limits. Such recapture must be done limits in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life that is eligiblelife. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. 6. If this Agreement utilizes a "quota share" method portions of allocating the reinsured risk and policy have been ceded to more than one reinsurer, the Ceding Company recaptures a portion must allocate the reduction in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same as if the new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is based on the current amount at risk as of the date of recapture. For a policy issued as a result of exchange, conversion, or re-entry, the recapture terms of the reinsurance agreement covering the original policy will apply, and the duration period for the purpose of recapture will be measured from the effective date of the reinsurance on the original policy. If there is a reinsured waiver of premium claim in effect when recapture takes place, MARC will continue to pay its share of the waiver claim until it terminates. MARC will not be liable for any other benefits, including the basic life risk, it must apply that are eligible for recapture. All such eligible benefits will be recaptured as if there were no waiver claim in effect. After the same percentage ceded to each reinsurer when determining effective date of recapture, MARC will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the amount to Ceding Company has overlooked, provided however that MARC will be recapturedliable for a refund in full of any premium so received. No recapture will be permitted if the Ceding Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in retention limits.

Appears in 1 contract

Samples: Automatic Yrt Reinsurance Agreement (Jackson National Separate Account Iv)

Recapture. The Ceding Company may apply an increase in its maximum retention limits over Retention Limit to reduce the maximum retention limits set forth ceded amount of inforce reinsurance provided that: a) The Company gives the Reinsurer irrevocable written notice of its intention to recapture; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties and with no recapture being made until the Reinsured Policy has been in force for the period specified in Exhibit I and therefore "Recapture" C-1. For a portion conversion or re-entry, the recapture terms of the reinsured risk if original policy will apply and the following conditions have been met. 1. Reinsured Polices are not eligible duration for Recapture until the end of thirty (30) years, recapture period will be measured from each such Reinsured Policy's the effective date. 2. The Ceding Company must give Generali USA ninety (90) days written notice prior to its intended date of the commencement of recapture.original policy; and 3. c) The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule of retention. For a Reinsured Policy, if the Ceding Company has maintained maintained, from the time the policy was issued, its maximum full retention for the plan of insurance and the insured's issue age, sexas set out in Exhibit D, and mortality classification, it may apply has applied its increased retention limits Retention Limit to that all categories set out in Exhibit D. In applying its increased Retention Limit to Reinsured Policy Policies, the age and mortality rating at the time of issue will be used to reduce determine the amount of reinsurance in force. 4the Company’s increased retention. The reduction amount of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture. 5. If any reinsured policy is recaptured in accordance with this Article, all similarly situated Reinsured Policies eligible for recapture under will be the provisions difference between the amount originally retained and the amount the Company would have retained had the new retention been in effect at the time of this Article issue. The amount of reinsurance eligible for recapture will be determined based on the reinsurance net amount at risk as of the date of recapture. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. Recapture is optional, but if any reinsured business is recaptured, all eligible reinsured business must be recaptured up to recaptured. In addition, all life risks reinsured under any other reinsurance agreement between the Ceding Company's new maximum retention limits. Such Reinsurer and the Company which are eligible for recapture must be done in a consistent manner and similarly recaptured. No reserves for the Ceding recaptured business will be paid to the Company must increase its total amount by the Reinsurer. Effective as of insurance on each reinsured life that is eligiblethe recapture date, the Reinsurer will not be liable for any eligible business which was overlooked. The Ceding Company may not revoke its election parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture for policies becoming eligible at future anniversaries. 6date. If Upon recapture, each party will be deemed to be fully and finally released from all obligations under this Agreement utilizes a "quota share" method of allocating with respect to the reinsured risk and the Ceding Company recaptures a portion of the reinsured risk, it must apply the same percentage ceded to each reinsurer when determining the amount to be recapturedrecaptured business.

Appears in 1 contract

Samples: Reinsurance Agreement (Thrivent Variable Life Account I)

Recapture. The Ceding Company may apply an increase in its maximum retention limits over Retention Limit to reduce the maximum retention limits set forth ceded amount of inforce reinsurance provided that: a) The Company gives the Reinsurer irrevocable written notice of its intention to recapture; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties and with no recapture being made until the Reinsured Policy has been in force for the period specified in Exhibit I and therefore "Recapture" C-1. For a portion conversion or re-entry, the recapture terms of the reinsured risk if original policy will apply and the following conditions have been met. 1. Reinsured Polices are not eligible duration for Recapture until the end of thirty (30) years, recapture period will be measured from each such Reinsured Policy's the effective date. 2. The Ceding Company must give Generali USA ninety (90) days written notice prior to its intended date of the commencement of recapture.original policy; and 3. c) The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule of retention. For a Reinsured Policy, if the Ceding Company has maintained maintained, from the time the policy was issued, its maximum full retention for the plan of insurance and the insured's issue age, sexas set out in Exhibit D, and mortality classification, it may apply has applied its increased retention limits Retention Limit to that all categories set out in Exhibit D. In applying its increased Retention Limit to Reinsured Policy Policies, the age and mortality rating at the time of issue will be used to reduce determine the amount of reinsurance in force. 4the Company’s increased retention. The reduction amount of reinsurance on affected policies eligible for recapture will become effective be the difference between the amount originally retained and the amount the Company would have retained had the new retention been in effect at the time of issue. The amount of reinsurance eligible for recapture will be determined based on the policy anniversary reinsurance net amount at risk as of the date immediately following the notice of election to recapture. 5. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. Recapture is optional, but if any reinsured policy business is recaptured, all eligible reinsured business must be recaptured. In addition, all life risks reinsured under any other reinsurance agreement between the Reinsurer and the Company which are eligible for recapture must be similarly recaptured. No reserves for the recaptured business will be paid to the Company by the Reinsurer. Any successor of the Company will have the option to recapture reinsurance in accordance with this Article, provided that the successor company has or adopts a higher Retention Limit than previously used by the Company. Effective as of the recapture date, the Reinsurer will not be liable for any eligible business which was overlooked. The parties’ obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. Upon recapture, each party will be deemed to be fully and finally released from all similarly situated Reinsured Policies eligible for recapture obligations under the provisions of this Article must be recaptured up Agreement with respect to the Ceding Company's new maximum retention limits. Such recapture must be done in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life that is eligible. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversariesrecaptured business. 6. If this Agreement utilizes a "quota share" method of allocating the reinsured risk and the Ceding Company recaptures a portion of the reinsured risk, it must apply the same percentage ceded to each reinsurer when determining the amount to be recaptured.

Appears in 1 contract

Samples: Reinsurance Agreement (Thrivent Variable Life Account I)

Recapture. The 12.1 Whenever the Ceding Company may increase Company, pursuant to Article 11, increases its maximum retention limits over the maximum retention limits set forth in Exhibit I and therefore "Recapture" a portion A - Retention Limits of the reinsured Ceding Company, the Ceding Company has the option to recapture certain risk if amounts. If the following conditions have been met.Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [percentage] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows: 1. Reinsured Polices are not eligible for Recapture until the end of thirty (30a) years, measured from each such Reinsured Policy's effective date. 2. The Ceding Company must give Generali USA the Reinsurer ninety (90) days written notice prior to its intended date of the commencement of recapture. 3. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule of retention. For a Reinsured Policy, if the Ceding Company has maintained its maximum retention for the plan of insurance and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to that Reinsured Policy to reduce the amount of reinsurance in force. 4. (b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [number] years. 5. (c) If any reinsured policy is recaptured in accordance with this Articlerecaptured, all similarly situated Reinsured Policies reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new maximum retention limits. Such recapture must be done limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life that is eligiblelife. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. 6. If Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of the date of recapture. For a policy issued as a result of an exchange or conversion, the policy date and current duration of the new policy and the recapture provisions under this Agreement utilizes a "quota share" method will be used. Following the effective date of allocating recapture, the Reinsurer will not be liable for any reinsured risk and policies or portions of such reinsured policies eligible for recapture that the Ceding Company recaptures has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a portion successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of the reinsured risk, it must apply the same percentage ceded business subject to each reinsurer when determining the amount to be recapturedrecapture.

Appears in 1 contract

Samples: Reinsurance Agreement (Ids Life Variable Life Separate Account)

Recapture. The Ceding 1) Whenever the Company may increase increases its maximum retention limits over the maximum retention limits set forth in Exhibit I and therefore "Recapture" a portion of A, the reinsured Company has the option to recapture certain risk if the following conditions have been met. 1amounts. Reinsured Polices are not The amount eligible for Recapture until recapture will be the end difference between the amount originally retained and the amount the company would have retained on the same basis had the new maximum retention limits been in effect at the time of thirty (30) years, measured from each such Reinsured Policy's effective date.issue 2. a. The Ceding Company must give Generali USA the Reinsurer ninety (90) days written notice prior to its intended date of the commencement of recapture. 3. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule of retention. For a Reinsured Policy, if the Ceding Company has maintained its maximum retention for the plan of insurance and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to that Reinsured Policy to reduce the amount of reinsurance in force. 4. b. The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture.; however, no reduction will be made prior to the policy anniversary specified in Exhibit C. 5. c. If any reinsured policy is recaptured in accordance with this Articlerecaptured, all similarly situated Reinsured Policies reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's ’s new maximum retention limits. Such recapture must be done limits in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life that is eligiblelife. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. 6. If this Agreement utilizes a "quota share" method of allocating the reinsured risk and the Ceding Company recaptures a portion portions of the reinsured riskpolicy have been ceded to more than one reinsurer, it the Company must apply allocate the reduction in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same percentage ceded to each reinsurer when determining as if the new maximum dollar retention limits had been in effect at the time of issue. The amount to of reinsurance eligible for recapture is based on the current amount at risk as of the date of recapture. For a policy issued as a result of an internal exchange, conversion or re-entry, the recapture terms of the reinsurance agreement covering the original policy will apply, and the duration period for the purpose of recapture will be recapturedmeasured from the effective date of the reinsurance on the original policy. After the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Company has overlooked.

Appears in 1 contract

Samples: Reinsurance Agreement (Nationwide VL Separate Account-G)

Recapture. The Ceding Company may increase its maximum retention limits over the maximum retention limits set forth in Exhibit I and therefore "Recapture" a portion of the reinsured risk if the following conditions have been met. 1. Reinsured Polices are not eligible for Recapture until the end of thirty (30) years, measured from each such Reinsured Policy's effective date. 2. The Ceding Company must give Generali USA ninety (90) days written notice prior to its intended date of the commencement of recapture. 3. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule of retention. For a Reinsured Policy, if the Ceding Company has maintained its maximum retention for the plan of insurance and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to that reduce the benefit amount of in force Reinsured Policies provided: 6.2.1 The Company gives the Reinsurer written notice of its intention to recapture within 90 days of the effective date of the retention increase; and 6.2.2 Such recaptures are made on the next anniversary of each Reinsured Policy affected and with no recapture being made until the Reinsured Policy has been in force for the period stated in Exhibit C. For a conversion policy or re-entry, the recapture terms of the original policy will apply and the duration for the recapture period will be measured from the effective date of the original policy; and 6.2.3 The Company has maintained from the time the policy was issued, its full retention as set out in Exhibit D for the plan and the insured's classification. Reinsured policies on a first dollar quota share basis will not be eligible for recapture; and 6.2.4 The Company has applied its increased Retention Limits in a consistent manner to reduce all categories of its Retention Limits set out in Exhibit D unless otherwise agreed to by the Reinsurer. In applying its increased Retention Limits to Reinsured Policies, the age and mortality rating at the time of issue will be used to determine the amount of reinsurance in force. 4the Company's increased retention. The reduction of reinsurance on affected policies will become effective on Recapture as provided herein is optional with the policy anniversary date immediately following the notice of election to recapture. 5. If Company, but if any reinsured policy Reinsured Policy is recaptured in accordance with this Articlerecaptured, all similarly situated Reinsured Policies eligible for recapture under the provisions of this Article must be recaptured up recaptured. If there is reinsurance in other companies on risks eligible for recapture, the necessary reduction is to be applied pro rata to the Ceding Company's new maximum retention limitstotal outstanding reinsurance. Such recapture must be done in a consistent manner and the Ceding Company must increase its total The amount of insurance reinsurance eligible for recapture is based on each reinsured life that is eligiblethe reinsurance net amount at risk as of the date of recapture. The Ceding Company may not revoke its election recapture reinsurance if the Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in retention. If there is a Waiver of Premium (W.P.) claim in effect when recapture takes place, the W.P. claim will stay in effect until the W.P. claim terminates. The Reinsurer will not be liable for any other benefits, including the basic life risk, that are eligible for recapture. All such eligible benefits will be recaptured as if there was no W.P. claim. The Reinsurer will not be liable, after the effective date of recapture, for any Reinsured Policies or portions of such Reinsured Policies eligible for recapture, that the Company has overlooked. The Reinsurer will be liable only for a credit of the premiums, received after the recapture date, less any allowance. The terms and conditions for the Company to recapture for policies becoming eligible at future anniversaries. 6in force Reinsured Policies due to the insolvency of the Reinsurer are set out in the Insolvency clause in Article 10. If the Company transfers business which is reinsured under this Agreement utilizes to a "quota share" method of allocating successor company, then the reinsured risk and successor company has the Ceding Company recaptures option to recapture the reinsurance, in accordance with the recapture criteria outlined in this Article, only if the successor company has a portion of higher retention limit than the reinsured risk, it must apply the same percentage ceded to each reinsurer when determining the amount to be recapturedCompany.

Appears in 1 contract

Samples: Reinsurance Agreement (National Variable Life Insurance Account)

Recapture. The 12.1 Whenever the Ceding Company may increase increases its maximum retention limits over the maximum retention limits set forth in Exhibit I and therefore "Recapture" a portion of A, the reinsured risk if the following conditions have been met. 1. Reinsured Polices are not eligible for Recapture until the end of thirty (30) years, measured from each such Reinsured Policy's effective date. 2. The Ceding Company must give Generali USA ninety (90) days written notice prior has the option to its intended date of the commencement of recapture. 3recapture certain risk amounts. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule of retention. For a Reinsured Policy, if If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for the plan of insurance and the insured's ’s issue age, sex, and mortality classification, it may apply its increased retention limits to that Reinsured Policy to reduce the amount of reinsurance in forceforce as follows. 4. (a) The Ceding Company must give XXXX thirty (30) days written notice prior to the commencement of recapture. (b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for at least 20 years. 5. (c) If any reinsured policy is recaptured in accordance with this Articlerecaptured, all similarly situated Reinsured Policies reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's ’s new maximum retention limits. Such recapture must be done limits in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life that is eligiblelife. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. 6. If this Agreement utilizes a "quota share" method portions of allocating the reinsured risk and policy have been ceded to more than one reinsurer, the Ceding Company recaptures a portion must allocate the reduction in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same as if the new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is based on the current amount at risk as of the date of recapture. For a policy issued as a result of exchange, conversion, or re-entry, the recapture terms of the reinsurance agreement covering the original policy will apply, and the duration period for the purpose of recapture will be measured from the effective date of the reinsurance on the original policy. If there is a reinsured waiver of premium claim in effect when recapture takes place, XXXX will continue to pay its share of the waiver claim until it terminates. XXXX will not be liable for any other benefits, including the basic life risk, it must apply that are eligible for recapture. All such eligible benefits will be recaptured as if there were no waiver claim in effect. After the same percentage ceded to each reinsurer when determining effective date of recapture, XXXX will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the amount to Ceding Company has overlooked. No recapture will be recapturedpermitted if the Ceding Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in retention limits.

Appears in 1 contract

Samples: Automatic Yrt Reinsurance Agreement (National Variable Life Insurance Account)

Recapture. The Ceding Company may increase its maximum retention limits over the maximum retention limits set forth in Exhibit I and therefore "Recapture" a portion of the reinsured risk if the following conditions have been met. 1. Reinsured Polices are not eligible for Recapture until the end of thirty fifteen (3015) years, measured years from each such Reinsured Policy's ’s effective date. 2. The Ceding Company must give Generali USA ninety (90) 90 days written notice prior to its intended date of the commencement of recapture. 3. The Recapture must occur in conjunction with an increase in the Ceding Company's ’s maximum amount on its schedule of retention. For a Reinsured Policy, if the Ceding Company has maintained its maximum retention for the plan of insurance and the insured's ’s issue age, sex, and mortality classification, it may apply its increased retention limits to that Reinsured Policy to reduce the amount of reinsurance in force. 4. The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture. 5. If any reinsured policy is recaptured in accordance with this Article, all similarly situated Reinsured Policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's ’s new maximum retention limits. Such recapture must be done in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life that is eligible. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. 6. If this Agreement utilizes a "quota share" method of allocating the reinsured risk and the Ceding Company recaptures a portion of the reinsured risk, it must apply the same percentage ceded to each reinsurer when determining the amount to be recaptured.

Appears in 1 contract

Samples: Reinsurance Agreement (Farm Bureau Life Variable Account)

Recapture. The If the Ceding Company may increase increases its maximum retention limits over Maximum Dollar Retention Limits listed in Section 3 of Schedule A, then it may, with 90 days' written notice to the maximum retention limits set forth Reinsurer, reduce or recapture the reinsurance in Exhibit I and therefore "Recapture" a portion of the reinsured risk if force subject to the following conditions have been met.requirements: 1. Reinsured Polices are i. An in-force cession is not eligible for Recapture recapture until it has been reinsured for the end minimum number of thirty (30) years, measured from each such Reinsured Policy's years shown in Section 7 of Schedule A. The effective date. 2. The Ceding Company must give Generali USA ninety (90) days written notice prior to its intended date of the commencement reduction in reinsurance will be the later of recapture. 3. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule first policy anniversary following the expiration of retention. For a Reinsured Policy, if the Ceding Company has maintained its maximum retention for the plan of insurance 90-day notice period to recapture and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to that Reinsured Policy to reduce the amount of reinsurance in force. 4. The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following when the notice required minimum number of election to recaptureyears is attained. 5ii. If any reinsured policy is recaptured in accordance with this Article, On all similarly situated Reinsured Policies policies eligible for recapture under recapture, reinsurance will be reduced by the provisions of this Article must be recaptured amount necessary to increase the total insurance retained up to the Ceding Company's new maximum retention limitsMaximum Dollar Retention Limits. iii. Such If more than one policy per life is eligible for recapture, then any recapture must be done effected beginning with the policy with the earliest issue date and continuing in a consistent manner and chronological order according to the Ceding Company must increase its total amount of insurance on each reinsured life that is eligibleremaining policies' issue dates. iv. The Ceding Company may not revoke rescind its election to recapture for policies becoming eligible at future anniversaries. 6. If this Agreement utilizes a "quota share" method v. Recapture of allocating the reinsured risk and reinsurance will not be allowed on any policy for which the Ceding Company recaptures did not keep its Maximum Dollar Retention Limit at issue. The Ceding Company's Maximum Dollar Retention Limits are stated in Section 3 of Schedule A. vi. If any policy eligible for recapture is also eligible for recapture from other reinsurers, the reduction in the Reinsurer's reinsurance on that policy will be in proportion to the total amount of reinsurance on the life with all reinsurers. vii. Recapture will not be made on a portion of basis that may result in any anti-selection against the reinsured risk, it must apply Reinsurer. The Reinsurer maintains the same percentage ceded discretion to each reinsurer determine when determining the amount to be recapturedanti-selection has occurred.

Appears in 1 contract

Samples: Reinsurance Agreement (National Variable Life Insurance Account)

Recapture. The Ceding Company may increase its maximum retention limits over the maximum retention limits set forth in Exhibit I and therefore "Recapture" a portion of the reinsured risk if the following conditions have been met. 1. Reinsured Polices are 12.1 Recapture is not eligible for Recapture available until the end of thirty the tenth (3010th) years, measured from each such Reinsured Policy's effective date. 2. The Ceding Company policy year and then must give Generali USA ninety (90) days written notice prior to its intended date of the commencement of recapture. 3. The Recapture must occur be in conjunction with an increase in the Ceding Company's ’s maximum amount on its schedule of retention. For a Reinsured Policy, if The amount eligible for recapture will be the difference between the amount originally retained and the amount the Ceding Company would have retained on the same quota share basis had the new retention schedule been in effect at the time of issue. If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for the plan of insurance and the insured's ’s issue age, sex, and mortality classification, it may apply its increased retention limits to that Reinsured Policy to reduce the amount of reinsurance in forceforce as follows. 4. a. The Ceding Company must give the Reinsurer ninety (90) days written notice prior to its intended date to commence recapture. b. The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for at least ten (10) years. 5. c. If any reinsured policy is recaptured in accordance with this Articlerecaptured, all similarly situated Reinsured Policies reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's ’s new maximum retention limits. Such recapture must be done limits in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life that is eligiblelife. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. 6. If this Agreement utilizes a "quota share" method portions of allocating the reinsured risk and policy have been ceded to more than one reinsurer, the Ceding Company recaptures a portion must allocate the reduction in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same as if the new maximum dollar retention limits had been in effect at the time of issue. The amount of reinsurance eligible for recapture is based on the current amount at risk as of the date of recapture. For a policy issued as a result of exchange, conversion, or re-entry, the recapture terms of the reinsurance agreement covering the original policy will apply, and the duration period for the purpose of recapture will be measured from the effective date of the reinsurance on the original policy. If there is a reinsured waiver of premium claim in effect when recapture takes place, the Reinsurer will continue to pay its share of the waiver claim until it terminates. The Reinsurer will not be liable for any other benefits, including the basic life risk, it must apply that are eligible for recapture. All such eligible benefits will be recaptured as if there were no waiver claim in effect. After the same percentage ceded effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked. The acceptance by the Reinsurer of reinsurance premiums under these circumstances shall not constitute a liability on the part of the Reinsurer for such reinsurance. The Reinsurer shall be liable only for a refund of premiums. The terms and conditions for the Ceding Company to each reinsurer when determining recapture reinsured policies, as made necessary by the amount to insolvency of the Reinsurer, are set forth in Article 16.2. No recapture will be recapturedpermitted if the Ceding Company has either obtained or increased stop loss reinsurance coverage as justification for the increase in retention limits.

Appears in 1 contract

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

Recapture. The Ceding 1) In addition to any other recapture rights provided herein, the Company may has the option to recapture certain risk amounts after the level premium period of each plan only upon an increase its in the Company’s maximum retention limits over the maximum retention limits limit as set forth in Exhibit I and therefore "Recapture" a portion A. The Company will maintain the existing quota share percentage of retention; however it may apply the reinsured risk if percentage to the following conditions have been met. 1new increased limits. Reinsured Polices are not The amount eligible for Recapture until recapture will be the end difference between the amount originally retained and the amount the Company would have retained on the same quota share basis had the new retention schedule been in effect at the time of thirty (30) years, measured from each such Reinsured Policy's effective date. 2issue. The Ceding Company may apply its increased retention limits to reduce the amount of reinsurance in force as follows: a. The Company must give Generali USA the Reinsurer ninety (90) days written notice prior to its intended date of the commencement of recapture. 3. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule of retention. For a Reinsured Policy, if the Ceding Company has maintained its maximum retention for the plan of insurance and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to that Reinsured Policy to reduce the amount of reinsurance in force. 4. b. The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture.; however, no reduction will be made prior to the policy anniversary specified in Exhibit D. 5. c. If any reinsured policy is recaptured in accordance with this Articlerecaptured, all similarly situated Reinsured Policies reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's ’s new maximum retention limits. Such recapture must be done limits in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life that is eligiblelife. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. 6. When performed in accordance with the terms of this Agreement, there shall be no fee or penalty to the Company for exercising the Company’s increase in retention and recapture rights. If this Agreement utilizes a "quota share" method of allocating the reinsured risk and the Ceding Company recaptures a portion portions of the reinsured riskpolicy have been ceded to more than one reinsurer, it the Company must apply allocate the reduction in reinsurance so that the amount reinsured by each reinsurer after the reduction is proportionately the same percentage ceded to each reinsurer when determining as if the new maximum dollar retention limits had been in effect at the time of issue. The amount to of reinsurance eligible for recapture is based on the current amount at risk as of the date of recapture. For a policy issued as a result of exchange, conversion, or re-entry, the recapture terms of the reinsurance agreement covering the original policy will apply, and the duration period for the purpose of recapture will be recapturedmeasured from the effective date of the reinsurance on the original policy. After the effective date of recapture, the Reinsurer will not be liable for any reinsured policies or portions of such reinsured policies eligible for recapture that the Company has overlooked.

Appears in 1 contract

Samples: Automatic Coinsurance Agreement (Vericity, Inc.)

Recapture. The Ceding Company may increase its maximum retention limits over the maximum retention limits set forth in Exhibit I and therefore "Recapture" a portion of the reinsured risk if the following conditions have been met. 1. Reinsured Polices are not eligible for Recapture until the end of thirty (30) years, measured [*] years from each such Reinsured Policy's effective date. 2. The Ceding Company must give Generali USA ninety (90) days written notice prior to its intended date of the commencement of recapture. 3. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule of retention. For a Reinsured Policy, if the Ceding Company has maintained its maximum retention for the plan of insurance and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to that Reinsured Policy to reduce the amount of reinsurance in force. 4. The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture. 5. If any reinsured policy is recaptured in accordance with this Article, all similarly situated Reinsured Policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new maximum retention limits. Such recapture must be done in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life that is eligible. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. 6. If this Agreement utilizes a "quota share" method of allocating the reinsured risk and the Ceding Company recaptures a portion of the reinsured risk, it must apply the same percentage ceded to each reinsurer when determining the amount to be recapturedrecaptured .

Appears in 1 contract

Samples: Reinsurance Agreement (Ameritas Variable Separate Account V)

Recapture. The 12.1 Whenever the Ceding Company may increase Company, pursuant to Article 11, increases its maximum retention limits over the maximum retention limits set forth in Exhibit I and therefore "Recapture" a portion A - Retention Limits of the reinsured Ceding Company, the Ceding Company has the option to recapture certain risk if amounts. If the following conditions have been met.Ceding Company has maintained its stated retention for the plan and the insured's age, sex, and mortality classification on an automatic risk, or at least the lesser of its Per Life Retention Limit or [percentage] on a facultative risk, it may apply its increased retention limits to reduce the amount of reinsurance in force as follows: 1. Reinsured Polices are not eligible for Recapture until the end of thirty (30a) years, measured from each such Reinsured Policy's effective date. 2. The Ceding Company must give Generali USA the Reinsurer ninety (90) days written notice prior to its intended date of the commencement of recapture. 3. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule of retention. For a Reinsured Policy, if the Ceding Company has maintained its maximum retention for the plan of insurance and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to that Reinsured Policy to reduce the amount of reinsurance in force. 4. (b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for a duration of at least [number] years. 5. (c) If any reinsured policy is recaptured in accordance with this Articlerecaptured, all similarly situated Reinsured Policies reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new maximum retention limits. Such recapture must be done limits in a consistent manner and the Ceding Company must increase its total amount of insurance retained on each reinsured life that is eligiblelife. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. 6. If Recapture for a policy may occur at different times because of different duration requirements under various reinsurance agreements. For a policy subject to recapture from the Reinsurer that has met the duration requirement in clause (b) above, the revised Reinsured Net Amount at Risk shall be determined using Ceding Company's Retained Share as if the policy were eligible for recapture from all reinsurers who have a share of the risk on that policy (or who had a share of risk on that policy prior to an earlier recapture). For a policy not yet subject to recapture from the Reinsurer because of an unattained duration requirement, Reinsured Net Amount at Risk will continue being determined using Ceding Company's Retained Share as provided for in Exhibit A as if the policy were not eligible for recapture by any of the reinsurers who have or had a share of the risk on the policy. The amount of reinsurance eligible for recapture is based on the Net Amount at Risk as of the date of recapture. For a policy issued as a result of an exchange or conversion, the policy date and current duration of the new policy and the recapture provisions under this Agreement utilizes a "quota share" method will be used. IDSL - [redacted] 19 VUL IV Plus/VUL IV Plus-ES Doc#2081405 Following the effective date of allocating recapture, the Reinsurer will not be liable for any reinsured risk and policies or portions of such reinsured policies eligible for recapture that the Ceding Company recaptures has overlooked inadvertently. If the Ceding Company transfers business that is reinsured under this Agreement to a portion successor ceding company, then the successor ceding company has the option to recapture the reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher maximum retention limit than that applicable to the block of the reinsured risk, it must apply the same percentage ceded business subject to each reinsurer when determining the amount to be recapturedrecapture.

Appears in 1 contract

Samples: Reinsurance Agreement (Ids Life Variable Life Separate Account)

Recapture. The 12.1 Whenever the Ceding Company may increase increases its maximum retention limits over the maximum retention limits set forth in Exhibit I and therefore "Recapture" a portion A - Retention Limits of the reinsured risk if the following conditions have been met. 1. Reinsured Polices are not eligible for Recapture until the end of thirty (30) years, measured from each such Reinsured Policy's effective date. 2. The Ceding Company must give Generali USA ninety (90) days written notice prior to its intended date of the commencement of recapture. 3. The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule of retention, the Ceding Company has the option to recapture certain risk amounts. For a Reinsured Policy, if If the Ceding Company has maintained its maximum stated retention (not a special retention limit) for the plan of insurance and the insured's issue age, sex, and mortality classification, it may apply its increased retention limits to that Reinsured Policy to reduce the amount of reinsurance in forceforce as follows: (a) The Ceding Company must give the Reinsurer 90 days written notice prior to its intended date of recapture. 4. (b) The reduction of reinsurance on affected policies will become effective on the policy anniversary date immediately following the notice of election to recapture; however, no reduction will be made until a policy has been in force for at least [number] years. 5. (c) If any reinsured policy is recaptured in accordance with this Articlerecaptured, all similarly situated Reinsured Policies reinsured policies eligible for recapture under the provisions of this Article must be recaptured up to the Ceding Company's new maximum retention limits. Such recapture must be done limits in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life that is eligiblelife. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversaries. 6. If this Agreement utilizes a "quota share" method portions of allocating the reinsured risk and policy have been ceded to more than one reinsurer, the Ceding Company recaptures a portion must allocate the reduction in reinsurance among all the reinsurers so that the relationship of the total reinsurance among the reinsurers in any given layer does not change due to the recapture. The amount of reinsurance eligible for recapture is based on the net amount at risk as of the date of recapture. For a policy issued as a result of a fully-underwritten exchange, the policy date and the current duration of the new policy and the recapture provisions under this Agreement will be used. After the effective date of recapture, the Reinsurer will not be liable for any reinsured riskpolicies or portions of such reinsured policies eligible for recapture that the Ceding Company has overlooked. If the Ceding Company transfers business that is reinsured under this Agreement to a successor ceding company, it must apply then the same percentage ceded successor ceding company has the option to each reinsurer when determining recapture the amount reinsurance in accordance with the recapture criteria outlined in this Article, but only if the successor ceding company has or adopts a higher retention limit than that applicable to be recaptured.the block of business subject to recapture. IDS Succession Select Treaty

Appears in 1 contract

Samples: Automatic Yrt Reinsurance Agreement (Ids Life Variable Life Separate Account)

Recapture. The Ceding Company may apply an increase in its maximum retention limits over Retention Limit to reduce the maximum retention limits set forth ceded amount of inforce reinsurance provided that a) The Company gives the Reinsurer irrevocable written notice of its intention to recapture; and b) Recapture will be effected on the next anniversary of each Reinsured Policy eligible for recapture unless agreed otherwise by both parties and with no recapture being made until the Reinsured Policy has been in force for the period specified in Exhibit I and therefore "Recapture" C-1. For a portion conversion or re-entry, the recapture terms of the reinsured risk if original policy will apply and the following conditions have been met. 1. Reinsured Polices are not eligible duration for Recapture until the end of thirty (30) years, recapture period will be measured from each such Reinsured Policy's the effective date. 2. The Ceding Company must give Generali USA ninety (90) days written notice prior to its intended date of the commencement of recapture.original policy; and 3. c) The Recapture must occur in conjunction with an increase in the Ceding Company's maximum amount on its schedule of retention. For a Reinsured Policy, if the Ceding Company has maintained maintained, from the time the policy was issued, its maximum full retention for the plan of insurance and the insured's issue age, sexas set out in Exhibit D, and mortality classification, it may apply has applied its increased retention limits Retention Limit to that all categories set out in Exhibit D. In applying its increased Retention Limit to Reinsured Policy Policies, the age and mortality rating at the time of issue will be used to reduce determine the amount of reinsurance in force. 4the Company's increased retention. The reduction amount of reinsurance on affected policies eligible for recapture will become effective be the difference between the amount originally retained and the amount the Company would have retained had the new retention been in effect at the time of issue. The amount of reinsurance eligible for recapture will be determined based on the policy anniversary reinsurance net amount at risk as of the date immediately following the notice of election to recapture. 5. If there is reinsurance with other reinsurers on risks eligible for recapture, the reduction will be applied pro rata to the total outstanding reinsurance. Recapture is optional, but if any reinsured policy business is recaptured, all eligible reinsured business must be recaptured. In addition, all life risks reinsured under any other reinsurance agreement between the Reinsurer and the Company which are eligible for recapture must be similarly recaptured. No reserves for the recaptured business will be paid to the Company by the Reinsurer. Any successor of the Company will have the option to recapture reinsurance in accordance with this Article, provided that the successor company has or adopts a higher Retention Limit than previously used by the Company. Effective as of the recapture date, the Reinsurer will not be liable for any eligible business which was overlooked. The parties' obligations for any recaptured business will be limited to those relating to events or circumstances arising or occurring before the recapture date. Upon recapture, each party will be deemed to be fully and finally released from all similarly situated Reinsured Policies eligible for recapture obligations under the provisions of this Article must be recaptured up Agreement with respect to the Ceding Company's new maximum retention limits. Such recapture must be done in a consistent manner and the Ceding Company must increase its total amount of insurance on each reinsured life that is eligible. The Ceding Company may not revoke its election to recapture for policies becoming eligible at future anniversariesrecaptured business. 6. If this Agreement utilizes a "quota share" method of allocating the reinsured risk and the Ceding Company recaptures a portion of the reinsured risk, it must apply the same percentage ceded to each reinsurer when determining the amount to be recaptured.

Appears in 1 contract

Samples: Reinsurance Agreement (Nationwide VLI Separate Account-7)

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