Common use of SALVAGE AND SUBROGATION Clause in Contracts

SALVAGE AND SUBROGATION. (LM-01800-2008.08.15-A) A. The Subscribing Reinsurer shall be credited with its share of salvage and/or subrogation in respect of claims and settlements under this Contract, less its share of recovery expense. Unless the Company agrees to waive such rights in the settlement of a disputed claim, or the Company and Subscribing Reinsurer agree to the contrary, the Company shall enforce the right to salvage and/or subrogation and shall prosecute all claims arising out of such right. Should the Company refuse or neglect to enforce this right, the Subscribing Reinsurer is hereby empowered and authorized to institute appropriate action in the name of the Company. B. Amounts recovered from salvage and/or subrogation and the expense of any salvage and/or subrogation proceedings brought by the Company or the Subscribing Reinsurer to enforce such rights shall be apportioned between the Company and the Subscribing Reinsurer in the ratio of their respective interests in the total salvage and/or subrogation recovery, and shall be in addition to the limits hereon. In the event there is a failure to obtain a salvage and/or subrogation recovery, the Catastrophe Excess of Loss Reinsurance Addendum 4 No. 0100300-SUM09 expense of the proceedings shall be apportioned between the Company and the Subscribing Reinsurer in the ratio of their respective interests in the total loss. C. All salvage and/or subrogation recoveries obtained by either party, subsequent to payments made by the Subscribing Reinsurer under this Contract, shall be applied as if obtained prior to said payments and all necessary adjustments shall be made between the Company and the Subscribing Reinsurer as soon as practicable after said salvage and/or subrogation recovery is obtained. D. The Company shall have the right, before the happening of the loss, to waive its right of subrogation as to that loss.

SALVAGE AND SUBROGATION. (LM-01800-2008.08.15-A) (AM) A. The Subscribing Reinsurer shall be credited with its share of salvage and/or subrogation in respect of claims and settlements under this Contract, less its share of recovery expense. Unless the Company agrees to waive such rights in the settlement of a disputed claim, or the Company and Subscribing Reinsurer agree to the contrary, the Company and the Legal Entities shall enforce the right to salvage and/or subrogation and shall prosecute all claims arising out of such right. Should the Company or the Legal Entities refuse or neglect to enforce this right, the Subscribing Reinsurer is hereby empowered and authorized to institute appropriate action in the name of the Company.Company or the Legal Entities, as applicable. Effective: January 1, 2009 Page 10 of 44 2009 Agency Markets Workers’ Compensation Catastrophe Reinsurance Contract B. Amounts X. Xxxxxxx recovered from salvage and/or subrogation and the expense of any salvage and/or subrogation proceedings brought by the Company or the Subscribing Reinsurer to enforce such rights shall be apportioned between the Company and the Subscribing Reinsurer in the ratio of their respective interests in the total salvage and/or subrogation recovery, and shall be in addition to the limits hereon. In the event there is a failure to obtain a salvage and/or subrogation recovery, the Catastrophe Excess of Loss Reinsurance Addendum 4 No. 0100300-SUM09 expense of the proceedings shall be apportioned between the Company and the Subscribing Reinsurer in the ratio of their respective interests in the total loss. C. All salvage and/or subrogation recoveries obtained by either party, subsequent to payments made by the Subscribing Reinsurer under this Contract, shall be applied as if obtained prior to said payments and all necessary adjustments shall be made between the Company and the Subscribing Reinsurer as soon as practicable after said salvage and/or subrogation recovery is obtained. D. The Company or a Legal Entity shall have the right, before the happening of the loss, to waive its right of subrogation as to that loss.

SALVAGE AND SUBROGATION. (LM-01800-2008.08.15-A) A. The Subscribing Reinsurer shall be credited with its share of salvage and/or subrogation in respect of claims and settlements under this Contract, less its share of recovery expense. Unless the Company agrees to waive such rights in the settlement of a disputed claim, or the Company and Subscribing Reinsurer agree to the contrary, the Company shall enforce the right to salvage and/or subrogation and shall prosecute all claims arising out of such right. Should the Company refuse or neglect to enforce this right, the Subscribing Reinsurer is hereby empowered and authorized to institute appropriate action in the name of the Company. B. Amounts recovered from salvage and/or subrogation and the expense of any salvage and/or subrogation proceedings brought by the Company or the Subscribing Reinsurer to enforce such rights shall be apportioned between the Company and the Subscribing Reinsurer in the ratio of their respective interests in the total salvage and/or subrogation recovery, and shall be in addition to the limits hereon. In the event there is a failure to obtain a salvage and/or subrogation recovery, the Catastrophe Excess of Loss Reinsurance Addendum 4 No. 0100300-SUM09 expense of the proceedings shall be apportioned between the Company and the Subscribing Reinsurer in the ratio of their respective interests in the total loss. C. All salvage and/or subrogation recoveries obtained by either party, subsequent to payments made by the Subscribing Reinsurer under this Contract, shall be applied as if obtained prior to said payments and all necessary adjustments shall be made between the Company and the Subscribing Reinsurer as soon as practicable after said salvage and/or subrogation recovery is obtained. D. The Company shall have the right, before the happening of the loss, to waive its right of subrogation as to that loss.. Effective: January 1, 2010 Page 19 of 42 Workers’ Compensation Excess of Loss Reinsurance Addendum 3 No. 0100200-SUM09

SALVAGE AND SUBROGATION. (LM-01800-2008.08.152006.09.12-A) A. The Subscribing Reinsurer shall be credited with its share of salvage and/or subrogation in respect of claims and settlements under this Contract, less its share of recovery expense. Unless the Company agrees and the Subscribing Reinsurer agree to waive such rights in the settlement of a disputed claim, or the Company and the Subscribing Reinsurer agree to the contrary, the Company shall enforce enforces the right to salvage and/or subrogation and shall prosecute all claims arising out of such right. Should the Company refuse or neglect to enforce this right, the Subscribing Reinsurer is hereby empowered and authorized to institute appropriate action in the name of the Company. B. Amounts recovered from salvage and/or subrogation and the expense of any salvage and/or subrogation proceedings brought by the Company or the Subscribing Reinsurer to enforce such rights shall be apportioned between the Company and the Subscribing Reinsurer in the ratio of their respective interests in the total salvage and/or subrogation recovery, and shall be in addition to the limits hereon. In the event there is a failure to obtain a salvage and/or subrogation Reinsurance Addendum 1 No. 0100200-SUM08 recovery, the Catastrophe Excess of Loss Reinsurance Addendum 4 No. 0100300-SUM09 expense of the proceedings shall be apportioned between the Company and the Subscribing Reinsurer in the ratio of their respective interests in the total loss. C. All salvage and/or subrogation recoveries obtained by either party, subsequent to payments made by the Subscribing Reinsurer under this Contract, shall be applied as if obtained prior to said payments and all necessary adjustments shall be made between the Company and the Subscribing Reinsurer as soon as practicable after said salvage and/or subrogation recovery is obtained. D. The Company shall have the right, before the happening of the loss, to waive its right of subrogation as to that loss.

SALVAGE AND SUBROGATION. (LM-01800-2008.08.15-A) A. The Subscribing Reinsurer shall be credited with its share of salvage and/or subrogation in respect of claims and settlements under this ContractAgreement, less its share of recovery expense. Unless the Company agrees to waive such rights in and the settlement of a disputed claim, or the Company and Subscribing Reinsurer agree to the contrary, the Company or its affiliates shall enforce the right to salvage and/or subrogation and shall prosecute all claims arising out of such right. Should the Company or its affiliates refuse or neglect to enforce this right, the Subscribing Reinsurer is hereby empowered and authorized to institute appropriate action in the name of the Company. B. Company or its affiliates, as applicable. Amounts recovered from salvage and/or subrogation shall always be used to reimburse the excess Subscribing Reinsurers (and the expense Company, should it carry a portion of excess coverage net) in the reverse order of their participation in the loss before being used in any salvage and/or subrogation proceedings brought by way to reimburse the Company or its affiliates for their primary loss. If the Subscribing Reinsurer to enforce such rights amount recovered exceeds the recovery expense, the recovery expense shall be apportioned between borne by each party in proportion to its benefit from the Company recovery. If the recovery expense exceeds the amount recovered, the amount recovered (if any) shall be applied to the reimbursement of recovery expense and the Subscribing Reinsurer in remaining expense, as well as any originally incurred loss expense, shall be added to the ratio of their respective interests in the total Ultimate Net Loss. If no amount is recovered from salvage and/or subrogation recoverysubrogation, the expense incurred in attempting such recovery shall be deemed loss expense and shall be in addition added to the limits hereon. In the event there is a failure to obtain a salvage and/or subrogation recovery, the Catastrophe Excess of Loss Reinsurance Addendum 4 No. 0100300-SUM09 expense of the proceedings shall be apportioned between the Company and the Subscribing Reinsurer in the ratio of their respective interests in the total lossUltimate Net Loss. C. All salvage and/or subrogation recoveries obtained by either party, subsequent to payments made by the Subscribing Reinsurer under this Contract, shall be applied as if obtained prior to said payments and all necessary adjustments shall be made between the Company and the Subscribing Reinsurer as soon as practicable after said salvage and/or subrogation recovery is obtained. D. The Company shall have the right, before the happening of the loss, to waive its right of subrogation as to that loss.

SALVAGE AND SUBROGATION. (LM-01800-2008.08.15-A) (AM) A. The Subscribing Reinsurer shall be credited with its share of salvage and/or subrogation in respect of claims and settlements under this Contract, less its share of recovery expense. Unless the Company agrees to waive such rights in the settlement of a disputed claim, or the Company and Subscribing Reinsurer agree to the contrary, the Company and the Legal Entities shall enforce the right to salvage and/or subrogation and shall prosecute all claims arising out of such right. Should the Company or the Legal Entities refuse or neglect to enforce this right, the Subscribing Reinsurer is hereby empowered and authorized to institute appropriate action in the name of the Company.Company or the Legal Entities, as applicable. Effective: January 1, 2010 Page 10 of 37 2010 Agency Markets Workers’ Compensation Catastrophe Reinsurance Contract No. 2010300 B. Amounts X. Xxxxxxx recovered from salvage and/or subrogation and the expense of any salvage and/or subrogation proceedings brought by the Company or the Subscribing Reinsurer to enforce such rights shall be apportioned between the Company and the Subscribing Reinsurer in the ratio of their respective interests in the total salvage and/or subrogation recovery, and shall be in addition to the limits hereon. In the event there is a failure to obtain a salvage and/or subrogation recovery, the Catastrophe Excess of Loss Reinsurance Addendum 4 No. 0100300-SUM09 expense of the proceedings shall be apportioned between the Company and the Subscribing Reinsurer in the ratio of their respective interests in the total loss. C. All salvage and/or subrogation recoveries obtained by either party, subsequent to payments made by the Subscribing Reinsurer under this Contract, shall be applied as if obtained prior to said payments and all necessary adjustments shall be made between the Company and the Subscribing Reinsurer as soon as practicable after said salvage and/or subrogation recovery is obtained. D. The Company or a Legal Entity shall have the right, before the happening of the loss, to waive its right of subrogation as to that loss.

SALVAGE AND SUBROGATION. (LM-01800Lm-01800-2008.08.15-A) (AM) A. The Subscribing Reinsurer shall be credited with its share of salvage and/or subrogation in respect of claims and settlements under this Contract, less its share of recovery expense. Unless the Company agrees to waive such rights in the settlement of a disputed claim, or the Company and Subscribing Reinsurer agree to the contrary, the Company and the Legal Entities shall enforce the right to salvage and/or subrogation and shall prosecute all claims arising out of such right. Should the Company or the Legal Entities refuse or neglect to enforce this right, the Subscribing Reinsurer is hereby empowered and authorized to institute appropriate action in the name of the Company.Company or the Legal Entities, as applicable. Effective: January 1, 2010 2010 Agency Markets Workers’ Compensation Catastrophe Reinsurance Contract No. 2010300 B. Amounts X. Xxxxxxx recovered from salvage and/or subrogation and the expense of any salvage and/or subrogation proceedings brought by the Company or the Subscribing Reinsurer to enforce such rights shall be apportioned between the Company and the Subscribing Reinsurer in the ratio of their respective interests in the total salvage and/or subrogation recovery, and shall be in addition to the limits hereon. In the event there is a failure to obtain a salvage and/or subrogation recovery, the Catastrophe Excess of Loss Reinsurance Addendum 4 No. 0100300-SUM09 expense of the proceedings shall be apportioned between the Company and the Subscribing Reinsurer in the ratio of their respective interests in the total loss. C. All salvage and/or subrogation recoveries obtained by either party, subsequent to payments made by the Subscribing Reinsurer under this Contract, shall be applied as if obtained prior to said payments and all necessary adjustments shall be made between the Company and the Subscribing Reinsurer as soon as practicable after said salvage and/or subrogation recovery is obtained. D. The Company or a Legal Entity shall have the right, before the happening of the loss, to waive its right of subrogation as to that loss.

SALVAGE AND SUBROGATION. (LM-01800-2008.08.15-A) (AM) A. The Subscribing Reinsurer shall be credited with its share of salvage and/or subrogation in respect of claims and settlements under this Contract, less its share of recovery expense. Unless the Company agrees to waive such rights in the settlement of a disputed claim, or the Company and Subscribing Reinsurer agree to the contrary, the Company and the Legal Entities shall enforce the right to salvage and/or subrogation and shall prosecute all claims arising out of such right. Should the Company or the Legal Entities refuse or neglect to enforce this right, the Subscribing Reinsurer is hereby empowered and authorized to institute appropriate action in the name of the Company.Company or the Legal Entities, as applicable. Effective: January 1, 2010 Page 10 of 37 2010 Agency Markets Workers’ Compensation Catastrophe Reinsurance Contract No. 2010300 B. Amounts recovered from salvage and/or subrogation and the expense of any salvage and/or subrogation proceedings brought by the Company or the Subscribing Reinsurer to enforce such rights shall be apportioned between the Company and the Subscribing Reinsurer in the ratio of their respective interests in the total salvage and/or subrogation recovery, and shall be in addition to the limits hereon. In the event there is a failure to obtain a salvage and/or subrogation recovery, the Catastrophe Excess of Loss Reinsurance Addendum 4 No. 0100300-SUM09 expense of the proceedings shall be apportioned between the Company and the Subscribing Reinsurer in the ratio of their respective interests in the total loss. C. All salvage and/or subrogation recoveries obtained by either party, subsequent to payments made by the Subscribing Reinsurer under this Contract, shall be applied as if obtained prior to said payments and all necessary adjustments shall be made between the Company and the Subscribing Reinsurer as soon as practicable after said salvage and/or subrogation recovery is obtained. D. The Company or a Legal Entity shall have the right, before the happening of the loss, to waive its right of subrogation as to that loss.

SALVAGE AND SUBROGATION. (LM-01800-2008.08.15-A) A. The Subscribing Ceding Company empowers and authorizes the Reinsurer shall be credited with to enforce its share of salvage and/or subrogation in respect of claims and settlements under this Contract, less its share of recovery expense. Unless the Company agrees to waive such rights in the settlement of a disputed claim, or the Company and Subscribing Reinsurer agree to the contrary, the Company shall enforce the right to salvage and/or or subrogation and other rights to indemnity, contribution or other recovery rights (other than rights provided by the Reinsurer or its Affiliates to the Ceding Company) with respect to the Reinsured Liabilities under the Policies. The Ceding Company shall prosecute all claims arising out of such right. Should cooperate with the Company refuse or neglect Reinsurer in this regard and shall provide any written documentation if reasonably necessary to enforce this right, any third party to support the Subscribing Reinsurer is hereby empowered and authorized Reinsurer’s authority to institute appropriate action in the name of the Companypursue any recovery. B. Amounts recovered from salvage and/or or subrogation with respect to the Policies shall be used to reimburse the excess reinsurers (and the Reinsurer (as the Ceding Company’s designee), should it carry a portion of excess coverage net) in the reverse order of their participation in the loss before being used in any way to reimburse the Reinsurer (as the Ceding Company’s designee) for its primary loss. The expense of any salvage and/or subrogation proceedings brought incurred by the Company or Reinsurer (as the Subscribing Reinsurer to enforce Ceding Company’s designee) in pursuing any such rights recovery shall be apportioned between borne by each Party in proportion to its benefit (if any) from the Company recovery. If the recovery expense exceeds the amount recovered, the amount recovered (if any) shall be applied to the reimbursement of recovery expense incurred by the Reinsurer (as the Ceding Company’s designee) and the Subscribing Reinsurer in the ratio of their respective interests in the total salvage and/or subrogation recovery, and remaining expense as well as any originally incurred loss expense shall be in addition to borne by the limits hereon. In the event there is a failure to obtain a salvage and/or subrogation recovery, the Catastrophe Excess of Loss Reinsurance Addendum 4 No. 0100300-SUM09 expense of the proceedings shall be apportioned between the Company and the Subscribing Reinsurer in the ratio of their respective interests in the total lossReinsurer. C. All Notwithstanding anything to the contrary in this Agreement, if the Reinsurer initiates an action to secure salvage and/or or subrogation recoveries obtained by either partyin its name or the name of the Ceding Company, subsequent and there is no such recovery, or if the amount recovered is insufficient to payments made by cover the Subscribing expenses incurred in pursuing salvage or subrogation, the Reinsurer under this Contract, shall be applied as if obtained prior to said payments and all necessary adjustments liable for one hundred percent (100%) of such excess expense. Further, the Reinsurer shall be made between liable for one hundred percent (100%) of any damages to the Company and Ceding Company, including reimbursement of any compensatory or punitive damages resulting from the Subscribing Reinsurer as soon as practicable after said salvage and/or subrogation recovery is obtainedaction. D. The Company shall have the right, before the happening of the loss, to waive its right of subrogation as to that loss.

SALVAGE AND SUBROGATION. (LM-01800-2008.08.152006.09.12-A) A. The Subscribing Reinsurer shall be credited with its share of salvage and/or subrogation in respect of claims and settlements under this Contract, less its share of recovery expense. Unless the Company agrees to waive such rights in the settlement of a disputed claim, or the Company and the Subscribing Reinsurer agree to the contrary, the Company and the Legal Entities shall enforce the right to salvage and/or subrogation and shall prosecute all claims arising out of such right. Should the Company or the Legal Entities refuse or neglect to enforce this right, the Subscribing Reinsurer is hereby empowered and authorized to institute appropriate action in the name of the CompanyCompany or the Legal Entities, as applicable. B. Amounts recovered from salvage and/or subrogation shall always be used to reimburse the excess the Subscribing Reinsurer (and the expense Company, should it carry a portion of excess coverage net) in the reverse order of their participation in the loss before being used in any salvage and/or subrogation proceedings brought by way to reimburse the Company or a Legal Entity for its primary loss. If the Subscribing Reinsurer to enforce such rights amount recovered exceeds the recovery expense, the recovery expense shall be apportioned between borne by each party in proportion to its benefit from the Company Effective: January 1, 2008 2008 Wausau Property per Risk Excess Contract recovery. If the recovery expense exceeds the amount recovered, the amount recovered (if any) shall be applied to the reimbursement of recovery expense and the Subscribing Reinsurer in remaining expense, as well as any originally incurred loss expense, shall be added to the ratio of their respective interests in the total Ultimate Net Loss. If no amount is recovered from salvage and/or subrogation recoverysubrogation, the expense incurred in attempting such recovery shall be deemed loss expense and shall be in addition added to the limits hereon. In the event there is a failure to obtain a salvage and/or subrogation recovery, the Catastrophe Excess of Loss Reinsurance Addendum 4 No. 0100300-SUM09 expense of the proceedings shall be apportioned between the Company and the Subscribing Reinsurer in the ratio of their respective interests in the total lossUltimate Net Loss. C. All salvage and/or subrogation recoveries obtained by either party, subsequent to payments made by the Subscribing Reinsurer under this Contract, shall be applied as if obtained prior to said payments and all necessary adjustments shall be made between the Company and the Subscribing Reinsurer as soon as practicable after said salvage and/or subrogation recovery is obtained. D. The Company or a Legal Entity shall have the right, before the happening of the loss, to waive its right of subrogation as to that loss.

SALVAGE AND SUBROGATION. (LM-01800-2008.08.15-A) A. The Subscribing Reinsurer Reinsurers shall be credited with its their share of salvage and/or subrogation in respect of claims and settlements under this Contract, less its their share of recovery expense. Unless the Company agrees and the Reinsurers agree to waive such rights in the settlement of a disputed claim, or the Company and Subscribing Reinsurer Reinsurers agree to the contrary, the Company and the Legal Entities shall enforce the right to salvage and/or subrogation and shall prosecute all claims arising out of such right. Should the Company or the Legal Entities refuse or neglect to enforce this right, the Subscribing Reinsurer is Reinsurers are hereby empowered and authorized to institute appropriate action in the name of the Company. B. Company or the Legal Entities, as applicable. Amounts recovered from salvage and/or subrogation shall always be used to reimburse the excess Reinsurers (and the expense Company, should it carry a portion of excess coverage net) in the reverse order of their participation in the loss before being used in any salvage and/or subrogation proceedings brought by way to reimburse the Company or a Legal Entity for its primary loss. If the Subscribing Reinsurer to enforce such rights amount recovered exceeds the recovery expense, the recovery expense shall be apportioned between borne by each party in proportion to its benefit from the Company recovery. If the recovery expense exceeds the amount recovered, the amount recovered (if any) shall be applied to the reimbursement of recovery expense and the Subscribing Reinsurer in remaining expense, as well as any originally incurred loss expense, shall be added to the ratio of their respective interests in the total Ultimate Net Loss. If no amount is recovered from salvage and/or subrogation recoverysubrogation, the expense incurred in attempting such recovery shall be deemed loss expense and shall be in addition added to the limits hereonUltimate Net Loss. In the event there is a failure to obtain a salvage and/or subrogation recovery, the Catastrophe 2007 Workers’ Compensation Clash Excess of Loss Reinsurance Addendum 4 No. 0100300-SUM09 expense of the proceedings shall be apportioned between the Company and the Subscribing Reinsurer in the ratio of their respective interests in the total loss. C. All salvage and/or subrogation recoveries obtained by either partyContract — January 1, subsequent to payments made by the Subscribing Reinsurer under this Contract, shall be applied as if obtained prior to said payments and all necessary adjustments shall be made between the Company and the Subscribing Reinsurer as soon as practicable after said salvage and/or subrogation recovery is obtained. D. The Company shall have the right, before the happening of the loss, to waive its right of subrogation as to that loss.2007