Retention and Limit. A. As respects business subject to this Contract, the Company shall cede to the Reinsurer and the Reinsurer agrees to accept 100% of the Company’s net liability, subject to the provisions of paragraphs B and C below. B. As respects losses under policies allocated to the first underwriting year hereunder, the Company shall retain a 40.0% part of 100% share in the interest and liabilities of the Reinsurer. C. As respects losses under policies allocated to the second underwriting year hereunder, the Company shall retain not less than a 40.0% nor more than an 80.0% part of 100% share in the interests and liabilities of the Reinsurer. D. The Company may modify its percentage share and proportionately reduce the Reinsurer’s percentage share by giving the Reinsurer written notice by certified mail prior to August 1, 2004. E. As respects losses under policies allocated to each underwriting year hereunder, the Company shall retain, in addition to its quota share retention set forth above, 100% of the net liability in excess of 72.0% but not to exceed 77.0% of the premiums earned as respects business subject to this Contract. F. As respects losses under policies allocated to each underwriting year hereunder, the Company shall retain, in addition to its quota share retention set forth above, 100% of the net liability in excess of 100% of the premiums earned as respects business subject to this Contract. G. As respects losses under polices allocated to each underwriting year hereunder, the Company shall retain in addition to its quota share participation 100% of the net liability as respects any one loss occurrence in excess of 2.0% (6.0% aggregate cap for the first and second underwriting years collectively, and each subsequent underwriting year thereafter) of the Company’s ceded net written premium collected resulting from events assigned a number by the Property Claims Services Division of American Insurance Services, Inc. H. Notwithstanding the provisions of paragraph A above, in the event the Company’s subject net written premium from policies during the first underwriting year from January 1, 2004 through June 30, 2004, or the second underwriting year from July 1, 2004 through December 31, 2004, exceeds $77,500,000, the cession percentage hereunder, as respects each underwriting year, shall be reduced to the proportion that $77,500,000 bears to the Company’s subject net written premium for each underwriting year. In the event of a reduction of the cession percentage for an underwriting year under the provisions of this paragraph, the premiums and losses paid hereunder for the underwriting year shall be adjusted retroactively to the beginning of the year. I. The Company shall purchase or be deemed to have purchased inuring excess facultative reinsurance to limit its loss subject hereto from any one coverage, any one policy (exclusive of loss in excess of policy limits or extra contractual obligations) to the following amounts: 1. Automobile Bodily Injury Liability, $100,000 each person, $300,000 each occurrence; 2. Automobile Property Damage Liability, $100,000 each occurrence; 3. Uninsured/Underinsured Motorists, $100,000 each person, $300,000 each occurrence; 4. Medical payments, $25,000 each person. 5. Automobile Physical Damage Liability, $50,000 per vehicle. The Company shall be the sole judge of what constitutes one policy. J. The Automobile Liability amounts shown in paragraph I shall be extended to follow the Company’s policy if the Company’s loss is greater than one or more of said amounts because its policy includes or is deemed to include so-called “Out of State Insurance” provisions. K. If the original policy is endorsed with Physical Damage limits exceeding the amounts shown in paragraph I above, the retention and limit shall apply until the policy may be cancelled or the natural expiration of the original policy, whichever occurs first.
Appears in 2 contracts
Samples: Reinsurance Contract (Affirmative Insurance Holdings Inc), Reinsurance Contract (Affirmative Insurance Holdings Inc)
Retention and Limit. A. As respects business subject to this Contract, the The Company shall cede to the Reinsurer cede, and the Reinsurer agrees to shall accept 100as reinsurance, a 85% share of the Company’s net liability, subject all business reinsured hereunder. The Reinsurer shall pay to the provisions Company the Reinsurer’s quota share of paragraphs B and C belowlosses under the Policies covered under this Contract.
B. As respects losses under policies allocated The Company shall have a one time option on or after January 1, 2015 to decrease the first underwriting year hereunderquota share percentage hereunder by providing 30 days prior written notice. It is agreed, however, that the amount of any such decrease shall not exceed 35%. If the Company exercises its option to decrease the quota share percentage pursuant to this paragraph, then for the remaining term of this Contract the Company shall retain such decreased percentage on a 40.0% part net basis and shall not seek to reinsure any portion of 100% such decrease. Any such decrease to the quota share percentage shall apply to premium ceded and losses occurring on or after the date in which the interest change is effective. As promptly as possible after written notice is given to decrease the quota share, the Company and liabilities of the ReinsurerReinsurer agree to sign an addendum to this Contract documenting the Company’s option.
C. As respects losses under policies allocated to The Company’s Gross Net Earned Premium Income for Policies subject hereunder shall not exceed $330,000,000 (“Premium Cap”), or so deemed. Should the second underwriting year hereunderPremium Cap be exceeded, the Company shall retain not less than a 40.0% nor more than an 80.0% part of 100% share in the interests and liabilities of the Reinsurer.
D. The Company may modify its percentage share and proportionately reduce the Reinsurer’s percentage share by giving the Reinsurer written notice by certified mail prior to August 1, 2004.
E. As respects losses under policies allocated to each underwriting year hereunder, the Company shall retain, in addition to its quota share retention set forth above, 100% of the net liability in excess of 72.0% but not to exceed 77.0% of the premiums earned as respects business subject to this Contract.
F. As respects losses under policies allocated to each underwriting year hereunder, the Company shall retain, in addition to its quota share retention set forth above, 100% of the net liability in excess of 100% of the premiums earned as respects business subject to this Contract.
G. As respects losses under polices allocated to each underwriting year hereunder, the Company shall retain in addition to its quota share participation 100% of the net liability as respects any one loss occurrence in excess of 2.0% (6.0% aggregate cap for the first and second underwriting years collectively, and each subsequent underwriting year thereafter) of the Company’s ceded net written premium collected resulting from events assigned a number by the Property Claims Services Division of American Insurance Services, Inc.
H. Notwithstanding the provisions of paragraph A above, in the event the Company’s subject net written premium from policies during the first underwriting year from January 1, 2004 through June 30, 2004, or the second underwriting year from July 1, 2004 through December 31, 2004, exceeds $77,500,000, the cession percentage hereunder, as respects each underwriting year, shall be reduced as respects the business for which the Premium Cap is exceeded, to the same proportion that $77,500,000 the quota share cession of the Premium Cap bears to the Company’s subject net total Gross Net Earned Premium Income. Notwithstanding the foregoing, the Company may give written premium for each underwriting yearnotice to the Reinsurer requesting agreement to raise the Premium Cap hereunder and such agreement shall be determined within 30 days after receipt by the Reinsurer of such notice from the Company. In No response from the event of a reduction Reinsurer within 30 days will constitute waiver of the cession percentage Premium Cap.
D. Notwithstanding the above, it is agreed that the losses under Policies subject hereunder shall not exceed 110.0% of the ceded Gross Net Earned Premium Income as respects Policies for an underwriting year under the provisions term of this paragraphContract
E. Notwithstanding the above, as respects Property business, the premiums and losses paid hereunder for the underwriting year Reinsurer’s liability shall be adjusted retroactively to the beginning not exceed its quota share of the year.
I. The Company shall purchase or be deemed to have purchased inuring excess facultative reinsurance to limit its loss subject hereto from $3,000,000 any one coverageCatastrophe Loss Occurrence. Effective: June 30, any one policy (exclusive 0000 XXX: July 31, 2014 U4VT0008 5 of loss in excess of policy limits or extra contractual obligations) to the following amounts:
1. Automobile Bodily Injury Liability, $100,000 each person, $300,000 each occurrence;
2. Automobile Property Damage Liability, $100,000 each occurrence;
3. Uninsured/Underinsured Motorists, $100,000 each person, $300,000 each occurrence;
4. Medical payments, $25,000 each person.
5. Automobile Physical Damage Liability, $50,000 per vehicle. The Company shall be the sole judge of what constitutes one policy.
J. The Automobile Liability amounts shown in paragraph I shall be extended to follow the Company’s policy if the Company’s loss is greater than one or more of said amounts because its policy includes or is deemed to include so-called “Out of State Insurance” provisions.
K. If the original policy is endorsed with Physical Damage limits exceeding the amounts shown in paragraph I above, the retention and limit shall apply until the policy may be cancelled or the natural expiration of the original policy, whichever occurs first.39 Final
Appears in 1 contract
Samples: Automobile Quota Share Reinsurance Contract (Affirmative Insurance Holdings Inc)
Retention and Limit. A. As respects business subject to this Contract1. During the Initial Term (as defined hereunder), the each Applicable Company shall cede to the Reinsurer and the Reinsurer agrees to shall accept by way of reinsurance one hundred percent (100% %) quota share of the Applicable Company’s net liability, subject to the provisions of paragraphs B Gross Net Written Premium and C belowassociated liability for Losses under Eligible Policies covered hereunder.
B. As respects losses under policies allocated to 2. During each Agreement Year of the first underwriting year Subsequent Term (as defined hereunder), the if any, each Applicable Company shall retain a 40.0% part cede and the Reinsurer shall accept by way of 100% reinsurance the quota share in the interest and liabilities of the ReinsurerApplicable Company’s Gross Net Written Premium as the parties shall agree in writing, it being agreed between the parties that this shall be a minimum of twenty five percent (25%) quota share of the Applicable Company’s Gross Net Written Premium and associated matching liability for Losses under Eligible Policies covered hereunder.
C. As respects losses under policies allocated to the second underwriting year hereunder, the Company shall retain not less than a 40.0% nor more than an 80.0% part of 100% share in the interests and liabilities of the Reinsurer.
D. The Company may modify its percentage share and proportionately reduce the Reinsurer’s percentage share by giving the Reinsurer written notice by certified mail prior to August 1, 2004.
E. As respects losses under policies allocated to each underwriting year hereunder, the Company shall retain, in addition to its quota share retention set forth above, 100% of the net liability in excess of 72.0% but not to exceed 77.0% of the premiums earned as respects business subject to this Contract.
F. As respects losses under policies allocated to each underwriting year hereunder, the Company shall retain, in addition to its quota share retention set forth above, 100% of the net liability in excess of 100% of the premiums earned as respects business subject to this Contract.
G. As respects losses under polices allocated to each underwriting year hereunder, the Company shall retain in addition to its quota share participation 100% of the net liability as respects any one loss occurrence in excess of 2.0% (6.0% aggregate cap for the first and second underwriting years collectively, and each subsequent underwriting year thereafter) of the Company’s ceded net written premium collected resulting from events assigned a number by the Property Claims Services Division of American Insurance Services, Inc.
H. 3. Notwithstanding the provisions of paragraph A above1 and 2 of this Article, the limit of liability of the Reinsurer in relation to each Eligible Policy, including Allocated Loss Adjustment Expense, Extra Contractual Obligations, Ex-Gratia Settlement(s) and Loss in Excess of Original Policy Limits (if any), will not exceed two times the event “extent of liability” (as defined in Condition 8 of the ALTA Loan Policy 6-17-06 or as may be otherwise titled and defined under other types of policy covered by this Contract) of the relevant Eligible Policy giving rise to any one Loss, adjusted for each Eligible Policy issued during each Agreement Year of the Subsequent Term to reflect the quota share of the Applicable Company’s subject net written premium from policies during Gross Net Written Premium the first underwriting year from January 1, 2004 through June 30, 2004, or the second underwriting year from July 1, 2004 through December 31, 2004, exceeds $77,500,000, the cession percentage hereunder, as respects parties shall have agreed in writing will be ceded by each underwriting year, shall be reduced Applicable Company to the proportion that $77,500,000 bears Reinsurer as set out in paragraph 2 of this Article to the intent that the Reinsurer’s limit of liability in relation to each such Eligible Policy will not exceed two times the “extent of liability” (as defined in Condition 8 of the ALTA Loan Policy 6-17-06 or as may be otherwise titled and defined under other types of policy covered by this Contract) multiplied by the percentage of the Applicable Company’s subject net written premium for each underwriting year. In the event of a reduction of the cession percentage for an underwriting year under the provisions of this paragraph, the premiums and losses paid hereunder for the underwriting year shall be adjusted retroactively Gross Net Written Premium ceded to the beginning of the yearReinsurer.
I. The Company shall purchase or be deemed to have purchased inuring excess facultative reinsurance to limit its loss subject hereto from any one coverage, any one policy (exclusive of loss in excess of policy limits or extra contractual obligations) to the following amounts:
1. Automobile Bodily Injury Liability, $100,000 each person, $300,000 each occurrence;
2. Automobile Property Damage Liability, $100,000 each occurrence;
3. Uninsured/Underinsured Motorists, $100,000 each person, $300,000 each occurrence;
4. Medical payments, $25,000 each person.
5. Automobile Physical Damage Liability, $50,000 per vehicle. The Company shall be the sole judge of what constitutes one policy.
J. The Automobile Liability amounts shown in paragraph I shall be extended to follow the Company’s policy if the Company’s loss is greater than one or more of said amounts because its policy includes or is deemed to include so-called “Out of State Insurance” provisions.
K. If the original policy is endorsed with Physical Damage limits exceeding the amounts shown in paragraph I above, the retention and limit shall apply until the policy may be cancelled or the natural expiration of the original policy, whichever occurs first.
Appears in 1 contract
Samples: Title Insurance Quota Share Reinsurance Contract (Capitol Investment Corp. V)
Retention and Limit. A. As respects business subject to this Contract, the Company shall retain and be liable for 75.0% of its net liability. The Company shall cede to the Reinsurer and the Reinsurer agrees to accept 10025.0% of the Company’s net liability, subject to .
B. In conjunction with the provisions of paragraphs B and C below.
B. As respects losses under policies allocated to the first underwriting year hereunderOther Reinsurance Article, the Company may purchase other pro rata reinsurance at different terms and conditions set forth under this Contract; however, in no event shall the Company or any of its affiliates retain a 40.0less than 25.0% part of 100% share in the interest and liabilities of the Reinsurerits net liability.
C. As respects losses under policies allocated to the second underwriting year hereunder, the Company shall retain not less than a 40.0% nor more than an 80.0% part of 100% share in the interests and liabilities of the Reinsurer.
D. The Company may modify its percentage share and proportionately reduce the Reinsurer’s percentage share by giving the Reinsurer written notice by certified mail prior to August 1, 2004.
E. As respects losses under policies allocated to each underwriting year hereunder, the Company shall retain, in addition to its quota share retention set forth above, 100% of the net liability in excess of 72.0% but not to exceed 77.0% of the premiums earned as respects business subject to this Contract.
F. As respects losses under policies allocated to each underwriting year hereunder, the Company shall retain, in addition to its quota share retention set forth above, 100% of the net liability in excess of 100% of the premiums earned as respects business subject to this Contract.
G. As respects losses under polices allocated to each underwriting year hereunder, the Company shall retain in addition to its quota share participation 100% of the net liability as respects any one loss occurrence in excess of 2.0% (6.0% aggregate cap for the first and second underwriting years collectively, and each subsequent underwriting year thereafter) of the Company’s ceded net written premium collected resulting from events assigned a number by the Property Claims Services Division of American Insurance Services, Inc.
H. Notwithstanding the provisions of paragraph A above, in the event the Company’s subject net written premium from policies issued to insureds domiciled in the State of Alabama (hereinafter “Alabama net written premium”) during any one underwriting year exceeds 25.0% of the Company’s total net written premium for policies subject hereunder during the first underwriting year from January 1, 2004 through June 30, 2004, or the second underwriting year from July 1, 2004 through December 31, 2004, exceeds $77,500,000year, the cession percentage hereunderAlabama net written premium, as respects each that underwriting year, shall be reduced to the proportion proportionately so that $77,500,000 bears to such Alabama net written premium does not exceed 25.0% of the Company’s subject total net written premium for each that underwriting year. In the event of a reduction of the cession percentage Alabama net written premium for an any underwriting year under the provisions of this paragraph, the premiums and losses paid hereunder for the that underwriting year shall be adjusted retroactively to the beginning of the year.
I. The D. With respect to the coverages listed below, the Company shall purchase or be deemed to have purchased inuring excess facultative reinsurance to limit its the related loss subject hereto from any one coverage, any one policy (exclusive of loss in excess of policy limits or extra contractual obligations) to the following amounts:
1. Automobile Bodily Injury Liability, $100,000 each person, $300,000 100,000 each occurrenceaccident;
2. Automobile Property Damage Liability, $100,000 each occurrenceaccident;
3. UninsuredUninsured Motorists/Underinsured MotoristsMotorists Bodily Injury, $100,000 each person, $300,000 100,000 each occurrenceaccident;
4. Medical paymentsUninsured Motorists/Underinsured Motorists Physical Damage, $25,000 100,000 each person.accident;
5. Automobile Physical Damage LiabilityMedical Payments, $50,000 per vehicleeach person, $50,000 each accident;
6. The Company shall be the sole judge of what constitutes one policyAutomobile Physical Damage, $75,000 each risk, each accident.
J. E. The Automobile Liability amounts shown in paragraph I D shall be extended to follow the Company’s policy if the Company’s loss is greater than one or more of said amounts because its policy includes or is deemed to include so-called “Out of State Insurance” provisions.
K. If the original policy is endorsed with Physical Damage limits exceeding the amounts shown in paragraph I above, the retention and limit shall apply until the policy may be cancelled or the natural expiration of the original policy, whichever occurs first.
Appears in 1 contract
Samples: Reinsurance Contract (Affirmative Insurance Holdings Inc)
Retention and Limit. A. As respects business subject to this Contract, the Company shall cede to the Reinsurer and the Reinsurer agrees to accept 100% of the Company’s net liability, subject Subject to the provisions of paragraphs B and paragraph C below.
B. As , as respects losses under policies allocated to the first underwriting contract year hereunder, the Company shall retain and be liable for an amount of ultimate net loss equal to a 40.0% part of 100% share loss ratio (as defined in Article V) for the interest and liabilities first contract year. The Reinsurer shall then be liable for any ultimate net loss which exceeds the Company's retention, but the liability of the ReinsurerReinsurer shall not exceed the lesser of $8,750,000, or 6.0% of the Company's net earned premium (as defined in Article V) for the first contract year.
C. As respects losses under policies allocated B. Subject to the provisions of paragraph C below, as respects the second underwriting year and third contract years hereunder, the Company shall retain not less than and be liable for an amount of ultimate net loss equal to a 40.0% nor more than an 80.0loss ratio (as defined in Article V) for each such contract year. The Reinsurer shall then be liable for 75.0% part of 100% share in any ultimate net loss which exceeds the interests and liabilities Company's retention, but the liability of the Reinsurer.
D. The Company may modify its percentage share and proportionately reduce Reinsurer shall not exceed the Reinsurer’s percentage share by giving the Reinsurer written notice by certified mail prior to August 1lesser of $6,562,500, 2004.
E. As respects losses under policies allocated to each underwriting year hereunder, the Company shall retain, in addition to its quota share retention set forth above, 100or 75.0% of 6.0% of the Company's net liability earned premium (as defined in excess of 72.0% but not to exceed 77.0% of the premiums earned as respects business subject to this ContractArticle V) for each such contract year.
F. As respects losses under policies allocated to each underwriting year hereunder, the Company shall retain, in addition to its quota share retention set forth above, 100% of the net liability in excess of 100% of the premiums earned as respects business subject to this Contract.
G. As respects losses under polices allocated to each underwriting year hereunder, the Company shall retain in addition to its quota share participation 100% of the net liability as respects any one loss occurrence in excess of 2.0% (6.0% aggregate cap for the first and second underwriting years collectively, and each subsequent underwriting year thereafter) of the Company’s ceded net written premium collected resulting from events assigned a number by the Property Claims Services Division of American Insurance Services, Inc.
H. C. Notwithstanding the provisions of paragraph A aboveforegoing, in the event that the Company’s subject 's net written earned premium from policies during the first underwriting year from January 1, 2004 through June 30, 2004, or the second underwriting year from July 1, 2004 through December 31, 2004, exceeds $77,500,000, the cession percentage hereunder, as respects each underwriting property and casualty business for any contract year exceeds 25.0% of the Company's total net earned premium for that contract year, no claim shall be reduced to made under this Contract for that contract year unless and until the proportion Company shall have first incurred an amount of ultimate net loss in excess of 40.0% of its net earned premium for that $77,500,000 bears to contract year, plus 34.0% of the amount by which the Company’s subject 's net written earned premium as respects property and casualty business for that contract year exceeds 25.0% of the Company's total net earned premium for that contract year. The limit of liability of the Reinsurer for each underwriting yearcontract year shall be arrived at in the same manner. In the event of a reduction that the Company's net earned premium as respects property and casualty business for any contract year is less than 15.0% of the cession percentage Company's total net earned premium for an underwriting year under the provisions of this paragraphthat contract year, the premiums and losses paid hereunder for the underwriting year no claim shall be adjusted retroactively to made under this Contract for that contract year unless and until the beginning of the year.
I. The Company shall purchase or be deemed to have purchased inuring excess facultative reinsurance to limit its loss subject hereto from any one coverage, any one policy (exclusive first incurred an amount of ultimate net loss in excess of policy limits or extra contractual obligations) to 40.0% of its net earned premium for that contract year, less 34.0% of the following amounts:
1. Automobile Bodily Injury Liability, $100,000 each person, $300,000 each occurrence;
2. Automobile Property Damage Liability, $100,000 each occurrence;
3. Uninsured/Underinsured Motorists, $100,000 each person, $300,000 each occurrence;
4. Medical payments, $25,000 each person.
5. Automobile Physical Damage Liability, $50,000 per vehicleamount by which the Company's net earned premium as respects property and casualty business for that contract year is less than 15.0% of the Company's total net earned premium for that contract year. The Company limit of liability of the Reinsurer for each contract year shall be arrived at in the sole judge of what constitutes one policysame manner.
J. The Automobile Liability amounts shown in paragraph I shall be extended to follow the Company’s policy if the Company’s loss is greater than one or more of said amounts because its policy includes or is deemed to include so-called “Out of State Insurance” provisions.
K. If the original policy is endorsed with Physical Damage limits exceeding the amounts shown in paragraph I above, the retention and limit shall apply until the policy may be cancelled or the natural expiration of the original policy, whichever occurs first.
Appears in 1 contract
Samples: Aggregate Stop Loss Reinsurance Contract (Amwest Insurance Group Inc)
Retention and Limit. A. As respects business subject to this ContractAgreement, the Company shall retain and be liable for 20% of its Net Liability. The Company shall cede to the Reinsurer and the Reinsurer agrees to shall accept 10080% (Reinsurer’s share) of the Company’s net liabilityNet Liability. The Company shall have the right but not the obligation, subject with effective from July 1, 2007, to reduce the provisions Reinsurer’s share of paragraphs B and C belowthe contract, with regard to business not yet ceded. Notwithstanding the above the Reinsurer’s share shall not be reduced to less that 50%. The election to reduce the Reinsurers share must be made before July 1, 2007.
B. As respects losses under policies allocated arising out of any one Loss Occurrence (as defined in Article 7 – Loss Occurrence), the liability of the Reinsurer for loss (exclusive of loss in excess of Policy limits and extra contractual obligations) hereunder shall not exceed the Reinsurer’s share of $2,000,000 ($1,600,000 at 80% Reinsurer’s share). Loss in excess of Policy limits and extra contractual obligations, as defined in Article 6 - Excess of Policy Limits / ECO, shall be added to the first underwriting year hereunderCompany’s loss, if any, under the Company Policy involved and shall retain a 40.0% part of 100% share in the interest and liabilities of be included when computing the Reinsurer’s limit of liability as described in paragraph E below.
C. As respects losses under policies allocated to the second underwriting year hereunder, the Company shall retain not less than a 40.0% nor more than an 80.0% part of 100% share in the interests and liabilities of the Reinsurer.
D. The Company may modify its percentage share and proportionately reduce the Reinsurer’s percentage share by giving the Reinsurer written notice by certified mail prior to August 1, 2004.
E. As respects losses under policies allocated With respect to each underwriting agreement year hereunderhereunder (as defined in Article 14- Profit Commission), the Company shall retain, in addition to its quota share retention set forth above, 100% of the net liability in excess of 72.0% but not to exceed 77.0% of the premiums earned as respects business subject to this Contract.
F. As respects losses under policies allocated to each underwriting year hereunder, the Company shall retain, in addition to its quota share retention set forth above, 100% of the net liability in excess of 100% of the premiums earned as respects business subject to this Contract.
G. As respects losses under polices allocated to each underwriting year hereunder, the Company shall retain in addition to its quota share participation 100% of the net liability as respects any one loss occurrence in excess of 2.0% (6.0% aggregate cap for the first and second underwriting years collectively, and each subsequent underwriting year thereafter) of the Company’s ceded net written premium collected resulting from events assigned a number by the Property Claims Services Division of American Insurance Services, Inc.
H. Notwithstanding the provisions of paragraph A above, the Net Liability (as defined in the event the Company’s subject net written premium from policies during the first underwriting year from January 1Article 1 – Business Reinsured) for losses incurred (inclusive of loss, 2004 through June 30extra contractual obligations, 2004, or the second underwriting year from July 1, 2004 through December 31, 2004, exceeds $77,500,000, the cession percentage loss in excess of Policy limits and any assessments covered by this Agreement) which would be ceded hereunder, as respects each underwriting year, shall be reduced to the proportion that $77,500,000 bears to the Company’s subject net written premium were it not for each underwriting year. In the event of a reduction of the cession percentage for an underwriting year under the provisions of this paragraph, the premiums and losses paid hereunder in an amount equal to [*]% of Losses Incurred (as defined in Article 13- Commission) for the underwriting agreement year in excess of a [*]% Loss Ratio (as defined in paragraph E below) and less than an [*]% Loss Ratio for the agreement year and shall hereinafter be adjusted retroactively referred to as the beginning “loss retention corridor.”
D. All Policies covered under this Agreement are subject to a maximum net property insured value of $500,000 and a maximum Comprehensive Personal Liability (CPL) limit of $500,000 or so deemed. The number of Policies with maximum CPL limits of $500,000 shall not exceed 750 without prior approval from the yearReinsurer.
I. E. The Company shall purchase or be deemed to have purchased inuring excess facultative reinsurance to limit its loss subject hereto from any one coverageReinsurer’s liability for losses (inclusive of loss, any one policy (exclusive of extra contractual obligations, loss in excess of policy Policy limits and any assessments covered by this Agreement) during any one agreement year, net of inuring reinsurance (whether collected or extra contractual obligations) to the following amounts:
1. Automobile Bodily Injury Liabilitynot), $100,000 each person, $300,000 each occurrence;
2. Automobile Property Damage Liability, $100,000 each occurrence;
3. Uninsured/Underinsured Motorists, $100,000 each person, $300,000 each occurrence;
4. Medical payments, $25,000 each person.
5. Automobile Physical Damage Liability, $50,000 per vehicleshall not exceed a Loss Ratio of [*]% for that agreement year. The Company shall retain and be liable for 100% of the sole judge losses incurred in excess of what constitutes one policy.
J. The Automobile Liability amounts shown in paragraph I a Loss Ratio of [*]% for that agreement year. Thus, when the loss retention corridor is applied, the Reinsurer’s liability for losses shall be extended to follow not exceed its share of the Company’s policy if Net Liability up to a [*]% Loss Ratio.
F. For purposes of calculating the loss retention corridor and limit of liability for an agreement year, “Loss Ratio” is defined as 118% of the quantity (the Company’s net losses for such period excluding all loss is greater adjustment expenses) divided by the quantity (“Net Ceded Earned Premium” (as defined in Article 13 – Commission) for such period).
G. If a Loss Occurrence involves more than one insured or Policy and more of said amounts because its policy includes or is deemed to include so-called “Out of State Insurance” provisions.
K. If the original policy is endorsed with Physical Damage limits exceeding the amounts shown in paragraph I abovethan one agreement year, the retention and limit as respects the loss or losses covered under each agreement year shall apply until be the policy may be cancelled or the natural expiration percentage of the original policy, whichever occurs firstretention and limit of this Agreement that the amount of covered loss or losses bears to the total of all losses in the Loss Occurrence.
Appears in 1 contract
Samples: Multiple Line Quota Share Reinsurance Agreement (Greenlight Capital Re, Ltd.)