Common use of SERVICE OF SUIT Clause in Contracts

SERVICE OF SUIT. In the event the Retrocessionaire fails to pay any amount claimed due hereunder, the Retrocessionaire, at the request of the Retrocedant, will submit to the jurisdiction of a court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdiction. Nothing in this Article constitutes, or should be understood to constitute, a waiver of the Retrocessionarie's right to commence an action in any court of competent jurisdiction in the United States, to remove an action to the United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service of process in such suit may be made upon Xxxxx Xxxxxxxxxx LLP, New York, New York. In any suit instituted against it upon this Agreement, Retrocessionaire will abide by the final decision of such court or of any appellate court in the event of an appeal. The above named are authorized and directed to accept service of process on behalf of the Retrocessionaire in any such suit and/or upon the request of the Retrocedant to give a written undertaking to the Retrocedant that they will enter a general appearance upon the Retrocessionaire's behalf in the event such a suit is instituted. Further, pursuant to any statute of any state, territory, or district of the Untied States that makes provision therefor, the Retrocessionaire hereby designates the Superintendent, Commissioner, or Director of Insurance or other officer specified for that purpose in the statute (or his successor or successors in office) as its true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the Retrocedant or any beneficiary hereunder arising out of this Agreement, and hereby designates the above named as the person to which the said officer is authorized to mail such process or a true copy thereof.

Appears in 3 contracts

Samples: Quota Share Retrocession Agreement (Platinum Underwriters Holdings LTD), Quota Share Retrocession Agreement (Platinum Underwriters Holdings LTD), Quota Share Retrocession Agreement (Platinum Underwriters Holdings LTD)

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SERVICE OF SUIT. In the event the Retrocessionaire fails to pay any amount claimed due hereunder, the Retrocessionaire, at the request of the Retrocedant, will submit to the jurisdiction of a court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdiction. Nothing in this Article constitutes, or should be understood to constitute, a waiver of the Retrocessionarie's right to commence an action in any court of competent jurisdiction in the United States, to remove an action to the United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service of process in such suit may be made upon Xxxxx Dxxxx Xxxxxxxxxx LLP, New York, New York. In any suit instituted against it upon this Agreement, Retrocessionaire will abide by the final decision of such court or of any appellate court in the event of an appeal. The above named are authorized and directed to accept service of process on behalf of the Retrocessionaire in any such suit and/or upon the request of the Retrocedant to give a written undertaking to the Retrocedant that they will enter a general appearance upon the Retrocessionaire's behalf in the event such a suit is instituted. Further, pursuant to any statute of any state, territory, or district of the Untied States that makes provision therefortherefore, the Retrocessionaire hereby designates the Superintendent, Commissioner, or Director of Insurance or other officer specified for that purpose in the statute (or his successor or successors in office) as its true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the Retrocedant or any beneficiary hereunder arising out of this Agreement, and hereby designates the above named as the person to which the said officer is authorized to mail such process or a true copy thereof.

Appears in 2 contracts

Samples: Excess of Loss Retrocession Agreement (Platinum Underwriters Holdings LTD), Excess of Loss Retrocession Agreement (Platinum Underwriters Holdings LTD)

SERVICE OF SUIT. In (a) If the event the Retrocessionaire Insurer fails to pay when due any amount claimed to be due hereunder, the RetrocessionaireInsurer, at the request of the RetrocedantNamed Insured, will submit to the jurisdiction of a court of competent jurisdiction sitting within the United States and will comply with all requirements necessary to give that court jurisdictionState of New York. Nothing in this Article constitutes, condition constitutes or should be understood to constitute, constitute a waiver of the RetrocessionarieInsurer's right rights to commence an action in any court of competent jurisdiction in the United States, to remove an any action to the a United States District Court, Court or to seek a transfer of a case any action to another court as permitted by the laws of the United States or of any state in the United States. Service It is further agreed that service of process in such suit may be made upon Xxxxx Xxxxxxxxxx LLP, New York, New Yorkthe President of the Insurer. In any such suit instituted against it upon the Insurer under this AgreementPolicy, Retrocessionaire the Insurer will abide by the final decision judgment of such court or of any appellate court in the event of an appeal. The above named are authorized and directed to accept service of process on behalf of the Retrocessionaire in any such suit and/or upon the request of the Retrocedant to give a written undertaking to the Retrocedant that they will enter a general appearance upon the Retrocessionaire's behalf in the event such a suit is instituted. . (b) Further, pursuant to any statute of any state, territory, or district of the Untied United States that which makes provision therefor, the Retrocessionaire Insurer hereby designates the Superintendent, Commissioner, or Director of Insurance or Insurance, other officer specified for that purpose in the statute (or his or her successor or successors in office) office as its true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Named Insured or any beneficiary hereunder arising out of this AgreementPolicy, and hereby designates the above named President of Insurer as the person to which the whom said officer is authorized to mail such process or a true copy thereof. (c) In consideration for Insurer's agreement to submit to the jurisdiction of the courts sitting in the State of New York, Named Insured waives any security for Insurer to file an answer to Named Insured's complaint and Named Insured's failure to waive any right for security as a condition of Insurer's answer to Named Insured's complaint shall void this Section 15.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Inc), Pooling and Servicing Agreement (Nationslink Funding Corp 1999-LTL-1 Commer Loan Pas THR Cer)

SERVICE OF SUIT. In (This Article only applies to reinsurers domiciled outside the United States and/or unauthorized in any state, territory or district of the United States having jurisdiction over the Company.) A. It is agreed that in the event of the Retrocessionaire fails failure of the Reinsurers hereon to pay any amount claimed to be due hereunder, the RetrocessionaireReinsurers hereon, at the request of the RetrocedantCompany, will shall submit to the jurisdiction of a court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes, constitutes or should be understood to constitute, constitute a waiver of the Retrocessionarie's Reinsurers' right to commence an action in any court of competent jurisdiction in the United States, to remove an action to the a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service It is further agreed that service of process in such suit may be made upon Lovells, 000 Xxxxx Xxxxxxxxxx LLPXxxxxx Xxx Xxxx, New YorkXxx Xxxx 00000, New York. In and that in any suit instituted against it upon this Agreementinstituted, Retrocessionaire will the Reinsurers shall abide by the final decision of such court or of any appellate court Appellate Court in the event of an appeal. . B. The above above-named are authorized and directed to accept service of process on behalf of the Retrocessionaire Reinsurers in any such suit and/or upon the request of the Retrocedant Company to give a written undertaking to the Retrocedant Company that they will shall enter a general appearance upon the Retrocessionaire's Reinsurers' behalf in the event such a suit is shall be instituted. . C. Further, pursuant to any statute of any state, territory, territory or district of the Untied United States that which makes provision therefor, the Retrocessionaire Reinsurers hereon hereby designates designate the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute (statute, or his successor or successors in office) , as its their true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Company or any beneficiary hereunder arising out of this AgreementAgreement of reinsurance, and hereby designates the above above-named as the person to which whom the said officer is authorized to mail such process or a true copy thereof.

Appears in 2 contracts

Samples: Quota Share Reinsurance Agreement (Tower Group, Inc.), Quota Share Reinsurance Agreement (Tower Group, Inc.)

SERVICE OF SUIT. In It is agreed that in the event of the Retrocessionaire fails failure of the Reinsurer to pay any amount claimed to be due hereunderhereunder or the breach of any other term or condition of this Agreement and for which the Company in its sole discretion has chosen not to file for Arbitration under Article XVII, the RetrocessionaireReinsurer, at the request of the RetrocedantCompany, will submit to the jurisdiction of a any court of competent jurisdiction within the United States and will comply with all requirements necessary to give such court jurisdiction and all matters arising hereunder shall be determined in accidence with the law and practice of such court. It is further agreed that court jurisdiction. Nothing in this Article constitutes, or should be understood to constitute, a waiver of the Retrocessionarie's right to commence an action in any court of competent jurisdiction in the United States, to remove an action to the United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service service of process in such suit may be made upon Xxxx Marks & Xxxxx, 000 Xxxxx Xxxxxxxxxx LLPXxxxxx, New YorkXxx Xxxx, New York. In Xxx Xxxx 00000, Attention: Xxxxxx X. Xxxxxxxx, Esquire and that in any suit instituted against it the Reinsurer upon this Agreement, Retrocessionaire the Reinsurer will abide by the final decision of such court or of any appellate court in the event of an appeal. The above named above-mentioned are authorized and directed to accept service of process on behalf of the Retrocessionaire Reinsurer in any such suit and/or upon the request of the Retrocedant Company to give a written undertaking to the Retrocedant Company that they will enter a general appearance upon the RetrocessionaireXxxxxxxxx's behalf in In the event such a suit is shall be instituted. Further, pursuant to any statute of any state, territory, or district of the Untied United States that makes provision which make provisions therefor, the Retrocessionaire Reinsurer hereby designates the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute (statute, or his successor or successors in office) , as its true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Company or any beneficiary hereunder arising out of this AgreementAgreement of reinsurance, and hereby designates designate the above named as the person to which whom the said officer office is authorized to mail such process or a true copy thereof.

Appears in 2 contracts

Samples: Reinsurance Agreement (Preferred Employers Holdings Inc), Reinsurance Agreement (Preferred Employers Holdings Inc)

SERVICE OF SUIT. In A. It is agreed that in the event of the Retrocessionaire fails failure of the REINSURER hereon to pay any amount claimed to be due hereunder, the RetrocessionaireREINSURERS hereon, at the request of the RetrocedantCOMPANY, will submit to the jurisdiction of a court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes, or should be understood to constitute, The foregoing shall not constitute a waiver of the Retrocessionarie's right of the REINSURERS to commence an action in any suit in, or to remove, remand or transfer any suit to any other court of competent jurisdiction in accordance with the United States, to remove an action to applicable statutes of the state or United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service pertinent thereto. B. It is further agreed that service of process in such suit may be made upon Xxxxx Xxxxxxxxxx LLPKrolx & Xract, New York520 Xxxxxxx Xxxxxx, New York. In Xxx Xxxx, XX 00000-0000, Xxxxxx Xxxxxx xx America, and that in any suit instituted against it any one of them upon this AgreementContract, Retrocessionaire the REINSURER will abide by the final decision of such court Court or of any appellate court Appellate Court in the event of an appeal. . C. The above named are authorized and directed to accept service of process on behalf of the Retrocessionaire REINSURER in any such suit and/or upon the request of the Retrocedant COMPANY to give a written undertaking to the Retrocedant COMPANY that they will enter a general appearance upon the Retrocessionaire's REINSURERS behalf in the event such a suit is shall be instituted. . D. Further, pursuant to any statute of any state, territory, territory or district District of the Untied United States that which makes provision therefor, the Retrocessionaire REINSURER hereon hereby designates designate the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose purposes in the statute (statute, or his successor or successors in office) , as its their true and lawful attorney upon whom may be served any lawful process proceeding in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant COMPANY or any beneficiary hereunder arising out of this AgreementContract, and hereby designates designate the above named as the person to which the whom said officer is authorized to mail such process or a true copy thereof.

Appears in 2 contracts

Samples: Specific Excess Reinsurance Contract (Miix Group Inc), Specific Excess Reinsurance Contract (Miix Group Inc)

SERVICE OF SUIT. (a) In the event of the fai lure of Maiden Re to perform its obligations hereunder, Maiden Re, at the request of the Retrocessionaire, shall submit to the jurisdiction of a court of competent j urisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of Ma iden Re's rights to commence an action in any court of competent j urisdiction in the State of New York, to remove an action to a United States District Court for the Southern District of New York. Maiden Re, once the appropriate court is selected, whether such court is the one originally chosen by the Retrocessionaire fails and accepted by Maiden Re or is determined by removal, transfer, or otherwise, as provided for above, shall comply with all requirements necessary to pay give said court jurisdiction and, in any amount claimed due suit instituted against Maiden Re upon this Agreement, shall abide by the final decision of such court or of any appellate court in the event of an appeal. (b) Unless Maiden Re designates a different party in writing, service of process in such suit may be made upon CT Corporation System, 00 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, which is hereby authorized and directed to accept service of process on behalf of Maiden Re in any such suit. (c) In the event of the fai lure of the Retrocessionaire to perform its obligations hereunder, the Retrocessionaire, at the request of the RetrocedantMaiden Re, will shall submit to the jurisdiction j urisdiction of a court of competent jurisdiction j urisdiction within the United States and will comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes, constitutes or should be understood to constitute, constitute a waiver of the RetrocessionarieRetrocessionaire's right rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to the a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service of process The Retrocessionaire, once the appropriate court is selected, whether such court is the one originally chosen by Maiden Re and accepted by the Retrocessionaire or is determined by removal, transfer, or otherwise, as provided for above, shall comply with all requirements necessary to give said court j urisdiction and, in such suit may be made upon Xxxxx Xxxxxxxxxx LLP, New York, New York. In any suit instituted against it the Retrocessionaire upon this Agreement, Retrocessionaire will shall abide by the final decision of such court or of any appellate court in the event of an appeal. The above named are . (d) Unless the Retrocessionaire designates a different party in writing, service of process in such suit may be made upon CT Corporation System, 00 Xxxxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, XX I 0005, which is hereby authorized and directed to accept service of process on behalf of the Retrocessionaire in any such suit and/or upon the request of the Retrocedant to give a written undertaking to the Retrocedant that they will enter a general appearance upon the Retrocessionaire's behalf in the event such a suit is instituted. Further, pursuant to any statute of any state, territory, or district of the Untied States that makes provision therefor, the Retrocessionaire hereby designates the Superintendent, Commissioner, or Director of Insurance or other officer specified for that purpose in the statute (or his successor or successors in office) as its true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the Retrocedant or any beneficiary hereunder arising out of this Agreement, and hereby designates the above named as the person to which the said officer is authorized to mail such process or a true copy thereof.

Appears in 2 contracts

Samples: Adverse Development Cover Agreement (Maiden Holdings, Ltd.), Adverse Development Cover Agreement

SERVICE OF SUIT. (This Article applies only if the Reinsurer is domiciled outside the United States of America and/or unauthorized in any state, territory, or district of the United States of America that has jurisdiction over the Company and in which a subject suit has been instituted. This Article is not intended to conflict with or override the parties' obligation to arbitrate their disputes in accordance with the Arbitration Article.) In the event of the Retrocessionaire fails failure of any Reinsurer hereon to pay any amount claimed to be due hereunder, the Retrocessionairesuch Reinsurer, at the request of the RetrocedantCompany, will shall submit to the jurisdiction of a court of competent jurisdiction within the United States and will shall comply with all requirements necessary to give that court jurisdiction. Nothing in this Article constitutes, constitutes or should be understood to constitute, constitute a waiver of the RetrocessionarieReinsurer's right rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to the a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service of process in such suit may be made upon Xxxxx Xxxxxxxxxx LLPMendes and Mount, New York750 Seventh Avenue, New YorkXxx Xxxx, Xxx Xxxx 00000-0000. In any suit instituted Xx xxx xxxx xxxxxxuted against it upon this AgreementContract, Retrocessionaire will the Reinsurer shall abide by the final decision of such court or of any appellate court in the event of an any appeal. The above above-named are authorized and directed to accept service of process on behalf of the Retrocessionaire Reinsurer in any such suit and/or upon the request of the Retrocedant Company to give a written undertaking to the Retrocedant Company that they will shall enter a general appearance upon the RetrocessionaireReinsurer's behalf in the event such a suit is shall be instituted. Further, pursuant to any statute of any state, territory, territory or district of the Untied United States that which makes provision therefor, the Retrocessionaire Reinsurer hereon hereby designates the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute (statute, or his the successor or successors in office) , as its true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Company or any beneficiary hereunder hereunder, arising out of this AgreementContract, and hereby designates the above above-named as the person to which whom the said officer is authorized to mail such process or a true copy thereof.

Appears in 1 contract

Samples: Surety Excess of Loss Reinsurance Contract (Cna Surety Corp)

SERVICE OF SUIT. In (This Article only applies to reinsurers domiciled outside of the United States and/or unauthorized in any state, territory, or district of the United States having jurisdiction over the Company. The foregoing is not intended to conflict with, or override, the obligation of the parties hereto to arbitrate their disputes as provided by the Arbitration Article). A. It is agreed that in the event of the Retrocessionaire fails failure of the Reinsurer hereon to pay any amount claimed due hereunderperform its obligations under this Agreement, the RetrocessionaireReinsurer hereon, at the request of the RetrocedantCompany, will submit to the jurisdiction of a court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes, constitutes or should be understood to constitute, constitute a waiver of the RetrocessionarieReinsurer's right rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to the a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service It is further agreed that service of process in such suit may be made upon Xxxxxxxx X. Xxxx, Esq., Senior Vice President and General Counsel, Maiden Holdings, Ltd., 0000 Xxxxxxxxx Xxxxx, Xxxxx Xxxxxxxxxx LLP000X, New YorkXxxxx Xxxxxx, New York. In XX 00000, , and that in any suit instituted against it upon this Agreementinstituted, Retrocessionaire the Reinsurer will abide by the final decision of such court or of any appellate court in the event of an appeal. . B. The above above-named are authorized and directed to accept service of process on behalf of the Retrocessionaire Reinsurer in any such suit and/or upon the request of the Retrocedant Company to give a written undertaking to the Retrocedant Company that they will enter a general appearance upon the RetrocessionaireReinsurer's behalf in the event such a suit is shall be instituted. . C. Further, pursuant to any statute of any state, territory, territory or district of the Untied United States that which makes provision therefortherefore, the Retrocessionaire Reinsurer hereon hereby designates the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute (statute, or his successor or successors in office) , as its true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Company or any beneficiary hereunder arising out of this AgreementAgreement of reinsurance, and hereby designates the above above-named as the person to which whom the said officer is authorized to mail such process or a true copy thereof.

Appears in 1 contract

Samples: Interests and Liabilities Contract (Maiden Holdings, Ltd.)

SERVICE OF SUIT. In A. It is agreed that in the event of the Retrocessionaire fails failure of the Reinsurers hereon to pay any amount claimed to be due hereunder, the RetrocessionaireReinsurers hereon, at the request of the RetrocedantCompany, will submit to the jurisdiction of a court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes, or should be understood to constitute, The foregoing shall not constitute a waiver of the Retrocessionarie's right of the Reinsurers to commence an action in any suit in, or to remove, remand or transfer any suit to any other court of competent jurisdiction in accordance with the United States, to remove an action to applicable statutes of the state or United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service pertinent thereto. B. It is further agreed that service of process in such suit may be made upon Xxxxx Xxxxxxxxxx LLPSaiber Schlxxxxxxx Xxxz & Xoldxxxxx, New YorkXxe Xxxxxxx Xxxxxx, New York. In Xxxxxx, XX 00000-0000, Xxxxxx Xxxxxx xx America, and that in any suit instituted against it any one of them upon this AgreementContract, Retrocessionaire the Reinsurers will abide by the final decision of such court Court or of any appellate court Appellate Court in the event of an appeal. . C. The above named are authorized and directed to accept service of process on behalf of the Retrocessionaire Reinsurers in any such suit and/or upon the request of the Retrocedant Company to give a written undertaking to the Retrocedant Company that they will enter a general appearance upon the Retrocessionaire's Reinsurers behalf in the event such a suit is shall be instituted. . D. Further, pursuant to any statute of any state, territory, territory or district District of the Untied United States that which makes provision therefor, the Retrocessionaire Reinsurers hereon hereby designates designate the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose purposes in the statute (statute, or his successor or successors in office) , as its their true and lawful attorney upon whom may be served any lawful process proceeding in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Company or any beneficiary hereunder arising out of this AgreementContract, and hereby designates designate the above named as the person to which the whom said officer is authorized to mail such process or a true copy thereof.

Appears in 1 contract

Samples: Excess Cession and Event Reinsurance Contract (Miix Group Inc)

SERVICE OF SUIT. (Applicable if the Reinsurer is not domiciled in the United States of America, and/or is not authorized in any State, Territory or District of the United States where authorization is required by insurance regulatory authorities) A. This Article will not be read to conflict with or override the obligations of the parties to arbitrate their disputes as provided for in the Arbitration Article. This Article is intended as an aid to compelling arbitration or enforcing such arbitration or arbitral award, not as an alternative to the Arbitration Article for resolving disputes arising out of this Contract. B. In the event the Retrocessionaire Reinsurer fails to pay any amount claimed to be due hereunder, the RetrocessionaireReinsurer, at the request of the RetrocedantCompany, will submit to the jurisdiction of a court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes, constitutes or should be understood to constitute, constitute a waiver of the RetrocessionarieReinsurer's right rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to the a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service of process The Reinsurer, once the appropriate Court is accepted by the Reinsurer or is determined by removal, transfer or otherwise, as provided for above, will comply with all requirements necessary to give said Court jurisdiction and, in such suit may be made upon Xxxxx Xxxxxxxxxx LLP, New York, New York. In any suit instituted against it any of the Subscribing Reinsurers upon this AgreementContract, Retrocessionaire will abide by the final decision of such court Court or of any appellate court Appellate Court in the event of an appeal. The above named are authorized and directed to accept service of process on behalf of the Retrocessionaire in any such suit and/or upon the request of the Retrocedant to give a written undertaking to the Retrocedant that they will enter a general appearance upon the Retrocessionaire's behalf in the event such a suit is instituted. . C. Further, pursuant to any statute of any state, territory, territory or district of the Untied United States that which makes provision therefor, the Retrocessionaire Reinsurer hereby designates Xxxxxxxx Xxxxx, Xxxxxx Xxxxxx Xxxxx LLP, 00 Xxxxxxxxxxx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, or if that party is unable to comply with the request, the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute (statute, or his or her successor or successors in office) , as its true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Company or any beneficiary hereunder arising out of this Agreement, and hereby designates the above named as the person to which the said officer is authorized to mail such process or a true copy thereofContract.

Appears in 1 contract

Samples: Reinsurance Contract (Homeowners of America Holding Corp)

SERVICE OF SUIT. In It is agreed that in the event of the Retrocessionaire fails failure of the Reinsurers herein to pay any amount claimed to be due hereunderhereunder or the breach of any other term or condition of this Agreement and for which the Companies or any Company, in their or its sole discretion, choses not to file for Arbitration under Article XVI, the RetrocessionaireReinsurers herein, at the request of the RetrocedantCompany, will submit to the jurisdiction of a any court of competent jurisdiction within the United States and will comply with all requirements necessary to give such court jurisdiction and all matters arising hereunder shall be determined in accordance with the law and practice of such court. It is further agreed that court jurisdiction. Nothing in this Article constitutes, or should be understood to constitute, a waiver of the Retrocessionarie's right to commence an action in any court of competent jurisdiction in the United States, to remove an action to the United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service service of process involving AmTrust International Insurance Limited in such suit may be made upon Xxxxx Xxxxxxxxxx LLPXxxx and Associates,________, New York, New York. In Attention: Xxxxxxx Xxxx and that in any suit instituted against it any of them upon this Agreementcontract, Retrocessionaire the Reinsurers will abide by the final decision of such court or of any appellate court in the event of an appeal. The above named above-mentioned are authorized and directed to accept service of process on behalf of the Retrocessionaire Reinsurers in any such suit and/or upon the request of the Retrocedant Company to give a written undertaking to the Retrocedant Company that they will enter a general appearance upon the Retrocessionaire's Reinsurers’ behalf in the event such a suit is shall be instituted. Further, pursuant to any statute of any state, territory, or district of the Untied United States that which makes provision provisions therefor, the Retrocessionaire Reinsurers herein hereby designates designate the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute (statute, or his successor or successors in office) , as its true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Company or any beneficiary hereunder arising out of this AgreementAgreement of Reinsurance, and hereby designates designate the above named as the person to which whom the said officer office is authorized to mail such process or a true copy thereof.

Appears in 1 contract

Samples: Intercompany Reinsurance Agreement (Amtrust Financial Services, Inc.)

SERVICE OF SUIT. In It is agreed that in the event of the Retrocessionaire fails failure of Underwriters hereon to pay any amount claimed to be due hereunder, the RetrocessionaireUnderwriters hereon, at the request of the RetrocedantAssured, will submit to the jurisdiction of a court Court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes, Clause constitutes or should be understood to constitute, constitute a waiver of the Retrocessionarie's right Underwriters' rights to commence an action in any court Court of competent jurisdiction in the United States, to remove an action to the a United States District Court, or to seek a transfer of a case to another court Court as permitted by the laws of the United States or of any state State in the United States. Service It is further agreed that service of process in such suit may be made upon Xxxxx Xxxxxxxxxx LLPthe person or persons specified for the purpose in the Schedule, New York, New York. In and that in any suit instituted against it any one of then upon this Agreementcontract, Retrocessionaire Underwriters will abide by the final decision of such court Court or of any appellate court Appellate Court in the event of an appeal. The above named mentioned are authorized authorised and directed to accept service of process on behalf of the Retrocessionaire Underwriters in any such suit and/or upon the request of the Retrocedant Assured to give a written undertaking to the Retrocedant Assured that they will enter a general appearance upon the Retrocessionaire's Underwriters' behalf in the event such a suit is shall be instituted. Further, pursuant to any statute of any state, territory, territory or district of the Untied United States that which makes provision therefor, the Retrocessionaire Underwriters hereon hereby designates designate the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute (statute, or his successor or successors in office) , as its their true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Assured or any beneficiary hereunder arising out of this Agreementcontract of insurance, and hereby designates designate the above named as the person to which whom the said officer is authorized authorised to mail such process or a true copy thereof.

Appears in 1 contract

Samples: Automobile Physical Damage Insurance Agreement

SERVICE OF SUIT. (Applicable if the Reinsurer is not domiciled in the United States of America, and/or is not authorized in any State, Territory, or District of the United States where authorization is required by insurance regulatory authorities) A. This Article will not be read to conflict with or override the obligations of the parties to arbitrate their disputes as provided for in the Arbitration Article. This Article is intended as an aid to compelling arbitration or enforcing such arbitration or arbitral award, not as an alternative to the Arbitration Article for resolving disputes arising out of this Contract. Effective: June 1, 2011 B. In the event the Retrocessionaire Reinsurer fails to pay any amount claimed to be due hereunder or fails to otherwise perform its obligations hereunder, the RetrocessionaireReinsurer, at the request of the RetrocedantCompany, will submit to the jurisdiction of a court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes, constitutes or should be understood to constitute, constitute a waiver of the Retrocessionarie's right Reinsurer’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to the a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service of process The Reinsurer, once the appropriate Court is accepted by the Reinsurer or is determined by removal, transfer or otherwise, as provided for above, will comply with all requirements necessary to give said Court jurisdiction and, in such suit may be made upon Xxxxx Xxxxxxxxxx LLP, New York, New York. In any suit instituted against it any of the Subscribing Reinsurers upon this AgreementContract, Retrocessionaire will abide by the final decision of such court Court or of any appellate court Appellate Court in the event of an appeal. The above named are authorized and directed to accept service of process on behalf of the Retrocessionaire in any such suit and/or upon the request of the Retrocedant to give a written undertaking to the Retrocedant that they will enter a general appearance upon the Retrocessionaire's behalf in the event such a suit is instituted. . C. Further, pursuant to any statute of any state, territory, territory or district of the Untied United States that which makes provision therefor, the Retrocessionaire Reinsurer hereby designates the party named in its Interests and Liabilities Contract, or if no party is named therein, the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute (statute, or his successor or successors in office) , as its true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Company or any beneficiary hereunder arising out of this Agreement, and hereby designates the above named as the person to which the said officer is authorized to mail such process or a true copy thereofContract.

Appears in 1 contract

Samples: Excess Catastrophe Reinsurance Contract (Homeowners Choice, Inc.)

SERVICE OF SUIT. (This Article applies only if the Reinsurer is domiciled outside the United States of America and/or unauthorized in any state, territory, or district of the United States of America that has jurisdiction over the Company and in which a subject suit has been instituted. This Article is not intended to conflict with or override the parties' obligation to arbitrate their disputes in accordance with the Arbitration Article.) In the event of the Retrocessionaire fails failure of any Reinsurer hereon to pay any amount claimed to be due hereunder, the Retrocessionairesuch Reinsurer, at the request of the RetrocedantCompany, will shall submit to the jurisdiction of a court of competent jurisdiction within the United States and will shall comply with all requirements necessary to give that court jurisdiction. Nothing in this Article constitutes, constitutes or should be understood to constitute, constitute a waiver of the RetrocessionarieReinsurer's right rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to the a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United Surety Quota Share Treaty Effective: January 1, 2005 Page 12 of 15 (Revised - 5/10/05) States or of any state in the United States. Service of process in such suit may be made upon Xxxxx Xxxxxxxxxx LLPMendes and Mount, New York000 Xxxxxxx Xxxxxx, New YorkXxx Xxxx, Xxx Xxxx 00000-0000. In any suit instituted against it upon this Agreement, Retrocessionaire will the Reinsurer shall abide by the final decision of such court or of any appellate court in the event of an any appeal. The above above-named are authorized and directed to accept service of process on behalf of the Retrocessionaire Reinsurer in any such suit and/or upon the request of the Retrocedant Company to give a written undertaking to the Retrocedant Company that they will shall enter a general appearance upon the RetrocessionaireReinsurer's behalf in the event such a suit is shall be instituted. Further, pursuant to any statute of any state, territory, territory or district of the Untied United States that which makes provision therefor, the Retrocessionaire Reinsurer hereon hereby designates the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute (statute, or his the successor or successors in office) , as its true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Company or any beneficiary hereunder hereunder, arising out of this Agreement, and hereby designates the above above-named as the person to which whom the said officer is authorized to mail such process or a true copy thereof.

Appears in 1 contract

Samples: Surety Quota Share Treaty (Cna Surety Corp)

SERVICE OF SUIT. In the event of the failure of a Retrocessionaire fails to pay any amount claimed to be due hereunder, the that Retrocessionaire, at the request of the RetrocedantCompany, will submit to the jurisdiction of a any court of competent jurisdiction within the United States of America and will comply with all requirements necessary to give such court jurisdiction and all matter arising hereunder shall be determined in accordance with the law and practice of such court. It is further agreed that court jurisdiction. Nothing in this Article constitutes, or should be understood to constitute, a waiver of the Retrocessionarie's right to commence an action in any court of competent jurisdiction in the United States, to remove an action to the United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service service of process in such suit may be made upon Xxxxx Xxxxxxxxxx LLPthe Contract Manager or the corporate secretary of any United States parent, New Yorkaffiliate or subsidiary companies of the Retrocessionaires (hereinafter, New York. In any "agent for service of process"), and in suit instituted against it a Retrocessionaire upon this Agreement, that Retrocessionaire will abide by the final decision of such court or of any appellate court in the event of an appeal. Service of suit upon the Contract Manager shall be deemed service on all Retrocessionaires named as parties in such suit. The above above-named are authorized and directed to accept service of process on behalf of the Retrocessionaire in any such suit and/or and upon the request of the Retrocedant Company to give a written undertaking to the Retrocedant Company that they the agent for service of process will enter a general appearance upon on behalf of the Retrocessionaire's behalf Retrocessionaire in the event such a suit is shall be instituted. Further, pursuant to any statute of any state, territory, territory or district of the Untied States that makes United State of America which make provision therefortherefore, the Retrocessionaire Retrocessionaires hereby designates designate the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer officers specified for that purpose in the statute (or his successor or successors in office) , as its their true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Company or any beneficiary hereunder arising out of this Agreement, Agreement and hereby designates designate the above named as the person to which the said officer is authorized to mail such process or a true copy thereof.agent for service of

Appears in 1 contract

Samples: Retrocession Agreement (Trenwick Group Inc)

SERVICE OF SUIT. This Service of Suit Article will not be read to conflict with or override the obligations of the parties to arbitrate their disputes as provided for in the Arbitration Article. This Article is intended as an aid to compelling arbitration or enforcing such arbitration or arbitral award, not as an alternative to the Arbitration Article for resolving disputes arising out of this Contract. In the event of the Retrocessionaire fails failure of the Reinsurers to pay any amount claimed to be due hereunder, the RetrocessionaireReinsurers, at the request of the RetrocedantCompany, will submit to the jurisdiction of a court Court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes, constitutes or should be understood to constitute, constitute a waiver of the Retrocessionarie's right Reinsurers' rights to commence an action in any court Court of competent jurisdiction in the United States, to remove an action to the a United States District Court, or to seek a transfer of a case to another court Court as permitted by the laws of the United States or of any state in the United States. The Reinsurers, once the appropriate Court is selected, whether such court is the one originally chosen by the Company and accepted by Reinsurers or is determined by removal, transfer, or otherwise, as provided for above, will comply with all requirements necessary to give said Court jurisdiction and, in any suit instituted against any of them upon this Contract, will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. Service of process in such suit may be made upon Xxxxx Xxxxxxxxxx LLPMendes & Mount, 750 Seventh Avenue, New York, New York. In any suit instituted against it upon this Agreement, Retrocessionaire will abide by the final decision of such court or of any appellate court in the event of an appealYork 10019-6829. The above above-named are authorized and directed to accept service of process axx xxxxxxxxxx xxx xxxxxxxx xx xxxxxx xxxxxxx xx xrocess on behalf of the Retrocessionaire Reinsurers in any such suit and/or upon the request of the Retrocedant to give a written undertaking to the Retrocedant that they will enter a general appearance upon the Retrocessionaire's behalf in the event such a suit is institutedsuit. Further, pursuant to any statute of any state, territory, territory or district of the Untied United States that makes provision therefortherefore, the Retrocessionaire Reinsurers hereby designates designate the Superintendent, Commissioner, Commissioner or Director of Insurance Insurance, or other officer specified for that purpose in the statute (statute, or his successor or successors in office) , as its their true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding proceedings instituted by or on behalf of the Retrocedant Company or any beneficiary hereunder arising out of this AgreementContract, and hereby designates designate the above above-named as the person to which whom the said officer is authorized to mail such process or a true copy thereof.

Appears in 1 contract

Samples: Excess of Loss Reinsurance Contract (Darwin Professional Underwriters Inc)

SERVICE OF SUIT. This Service of Suit Article will not be read to conflict with or override the obligations of the parties to arbitrate their disputes as provided for in the Arbitration Article. This Article is intended as an aid to compelling arbitration or enforcing such arbitration or arbitral award, not as an alternative to the Arbitration Article for resolving disputes arising out of this Contract. In the event of the Retrocessionaire fails failure of the Reinsurers to pay any amount claimed to be due hereunder, the RetrocessionaireReinsurers, at the request of the RetrocedantCompany, will submit to the jurisdiction of a court Court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes, constitutes or should be understood to constitute, constitute a waiver of the Retrocessionarie's right Reinsurers' rights to commence an action in any court Court of competent jurisdiction in the United States, to remove an action to the a United States District Court, or to seek a transfer of a case to another court Court as permitted by the laws of the United States or of any state in the United States. The Reinsurers, once the appropriate Court is selected, whether such court is the one originally chosen by the Company and accepted by Reinsurers or is determined by removal, transfer, or otherwise, as provided for above, will comply with all requirements necessary to give said Court jurisdiction and, in any suit instituted against any of them upon this Contract, will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. Service of process in such suit may be made upon Xxxxx Xxxxxxxxxx LLPMendes & Mount, 750 Seventh Avenue, New York, New York. In any suit instituted against it upon this Agreement, Retrocessionaire will abide by the final decision of such court or of any appellate court in the event of an appealYork 10019-6829. The above above-named are authorized and directed to accept service of process axx xxxxxxxxxx xxx xxxxxxxx xx xxxxxx xxxxxxx xx xrocess on behalf of the Retrocessionaire Reinsurers in any such suit and/or upon the request of the Retrocedant to give a written undertaking to the Retrocedant that they will enter a general appearance upon the Retrocessionaire's behalf in the event such a suit is institutedsuit. Further, pursuant to any statute of any state, territory, territory or district of the Untied United States that makes provision therefor, the Retrocessionaire Reinsurers hereby designates designate the Superintendent, Commissioner, Commissioner or Director of Insurance Insurance, or other officer specified for that purpose in the statute (statute, or his successor or successors in office) , as its their true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding proceedings instituted by or on behalf of the Retrocedant Company or any beneficiary hereunder arising out of this AgreementContract, and hereby designates designate the above above-named as the person to which whom the said officer is authorized to mail such process or a true copy thereof.

Appears in 1 contract

Samples: Excess Cession Reinsurance Contract (Darwin Professional Underwriters Inc)

SERVICE OF SUIT. This Article applies only to any Reinsurer signatory hereto who is domiciled outside the United States of America or, should the Reinsured be authorized to do business in the State of New York, any Reinsurer who is unauthorized in New York as respects suits instituted in New York. In the event of the Retrocessionaire fails failure of the Reinsurer hereon to pay any amount claimed to be due hereunder, the RetrocessionaireReinsurer hereon, at the request of the RetrocedantReinsured, will shall submit to the jurisdiction of a court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes, constitutes or should be understood to constitute, constitute a waiver of the RetrocessionarieReinsurer's right rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to the a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state State in the United States. Service It is further agreed that service of process in such suit may be made upon Xxxxx Xxxxxxxxxx LLPMendes & Mount, New York750 Xxxxxxx Xxxxxx, New York. In Xxx Xxxx, Xxx Xxxx 00000-0000, xxd that in any suit instituted against it any one of them upon this Agreement, Retrocessionaire will Reinsurer shall abide by the final decision of such court or of any appellate court in the event of an appeal. The above above-named are authorized and directed to accept service of process on behalf of the Retrocessionaire Reinsurer in any such suit and/or upon the request of the Retrocedant Reinsured to give a written undertaking to the Retrocedant Reinsured that they will enter a general appearance upon the RetrocessionaireReinsurer's behalf in the event such a suit is instituted. Further, pursuant to any statute of any state, territory, territory or district of the Untied United States that which makes provision therefortherefore, the Retrocessionaire Reinsurer hereon hereby designates the Superintendent, Commissioner, Commissioner or Director of Insurance insurance or other officer specified for that purpose in the statute (Statute, or his successor or successors in office) , as its their true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Reinsured or any beneficiary hereunder arising out of this Agreement, and hereby designates designate the above named as the person to which whom the said officer is authorized to mail such process or a true copy thereof. The provisions contained in this Article are not intended in any way to alter the obligations of the parties to this Agreement to seek arbitration of any dispute pursuant to the Arbitration Clause contained in this Agreement.

Appears in 1 contract

Samples: Quota Share Reinsurance Treaty Agreement (Merchants Group Inc)

SERVICE OF SUIT. (This Article applies only if the Reinsurer is domiciled outside the United States of America and/or unauthorized in any state, territory, or district of the United States of America that has jurisdiction over the Company and in which a subject suit has been instituted. This Article is not intended to conflict with or override the parties’ obligation to arbitrate their disputes in accordance with the Arbitration Article.) In the event of the Retrocessionaire fails failure of any Reinsurer hereon to pay any amount claimed to be due hereunder, the Retrocessionairesuch Reinsurer, at the request of the RetrocedantCompany, will shall submit to the jurisdiction of a court of competent jurisdiction within the United States and will shall comply with all requirements necessary to give that court jurisdiction. Nothing in this Article constitutes, constitutes or should be understood to constitute, constitute a waiver of the Retrocessionarie's right Reinsurer’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to the a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service of process in such suit may be made upon Xxxxx Xxxxxxxxxx LLPMendes and Mount, New York700 Xxxxxxx Xxxxxx, New YorkXxx Xxxx, Xxx Xxxx 00000-0000. In any suit instituted against it upon this Agreement, Retrocessionaire will the Reinsurer shall abide by the final decision of such court or of any appellate court in the event of an any appeal. The above above-named are authorized and directed to accept service of process on behalf of the Retrocessionaire Reinsurer in any such suit and/or upon the request of the Retrocedant Company to give a written undertaking to the Retrocedant Company that they will shall enter a general appearance upon the Retrocessionaire's Reinsurer’s behalf in the event such a suit is shall be instituted. Further, pursuant to any statute of any state, territory, territory or district of the Untied United States that which makes provision therefor, the Retrocessionaire Reinsurer hereon hereby designates the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute (statute, or his the successor or successors in office) , as its true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Company or any beneficiary hereunder hereunder, arising out of this Agreement, and hereby designates the above above-named as the person to which whom the said officer is authorized to mail such process or a true copy thereof.. Surety Quota Share Treaty Effective: January 1, 2007 Page 13 of 15

Appears in 1 contract

Samples: Surety Quota Share Treaty (Cna Surety Corp)

SERVICE OF SUIT. A. This Article only applies to Reinsurers domiciled outside of the United States and/or unauthorized in any state, territory or district of the United States having jurisdiction over the Reinsured. Furthermore, this Article will not be read to conflict with or override the obligations of the parties to arbitrate their disputes as provided for in the Article entitled “Arbitration”. This Article is intended as an aid to compelling arbitration or enforcing such arbitration or arbitral award, not as an alternative to the Article entitled “Arbitration” for resolving disputes arising out of this Contract. B. In the event the Retrocessionaire fails to pay of any amount claimed due hereunderdispute, the RetrocessionaireReinsurer, at the request of the RetrocedantReinsured, will shall submit to the jurisdiction of a court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes, constitutes or should be understood to constitute, constitute a waiver of any obligation to arbitrate disputes arising from this Contract or the Retrocessionarie's right Reinsurer’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to the a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Towers Pxxxxx No. G26004.07 FINAL C. Service of process in any such suit against the Reinsurer may be made upon Xxxxx Xxxxxxxxxx LLPMendes and Mount, New York700 Xxxxxxx Xxxxxx, New York. In Xxx Xxxx, Xxx Xxxx 00000-0000, or the entity identified on the Reinsurer’s signature page to this Contract, (whichever applicable shall be hereinafter referred to as the “Firm”) and in any suit instituted against it upon this Agreementinstituted, Retrocessionaire will the Reinsurer shall abide by the final decision of such court or of any appellate court Appellate Court in the event of an appeal. . D. The above named are Firm is authorized and directed to accept service of process on behalf of the Retrocessionaire Reinsurer in any such suit and/or upon the request of the Retrocedant Reinsured to give a written undertaking to the Retrocedant Reinsured that they will shall enter a general appearance upon the Retrocessionaire's Reinsurer’ behalf in the event such a suit is shall be instituted. . E. Further, as required by and pursuant to any statute of any state, territory, territory or district of the Untied United States that which makes provision therefortherefore, the Retrocessionaire Reinsurer hereby designates the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute (statute, or his successor or successors in office) , as its their true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Reinsured or any beneficiary hereunder arising out of this AgreementContract, and hereby designates the above above-named as the person to which whom the said officer is authorized to mail such process or a true copy thereof.

Appears in 1 contract

Samples: Terrorism Catastrophe Excess of Loss Reinsurance Contract (Philadelphia Consolidated Holding Corp)

SERVICE OF SUIT. (This Article applies if the Reinsurer is unauthorized in any state, territory, or district of the United States of America that has jurisdiction over the Company and in which a subject suit has been instituted. This Article is not intended to conflict with or override the parties' obligation to arbitrate their disputes in accordance with Article XII, Mediation and Arbitration.) In the event the Retrocessionaire Reinsurer fails to pay any amount claimed due hereunder, the RetrocessionaireReinsurer, at the request of the RetrocedantCompany, will submit to the jurisdiction of a any court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdiction. Nothing in this Article constitutes, constitutes or should be understood to constitute, constitute a waiver of the RetrocessionarieReinsurer's right to commence an action in any court of competent jurisdiction in the United States, to remove an action to the a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service of process in such suit may be made upon Xxxxx Xxxxxxxxxx LLP, New York, New York___________________ Attention:___________. In any suit instituted against it upon this Agreement, Retrocessionaire the Reinsurer will abide by the final decision of such court or of any appellate court in the event of an appeal. The above named are authorized and directed to accept service of process on behalf of the Retrocessionaire Reinsurer in any such suit and/or upon the request of the Retrocedant Company to give a written undertaking to the Retrocedant Company that they will enter a general appearance upon the RetrocessionaireReinsurer's behalf in the event such a suit is instituted. Further, pursuant to any statute of any state, territory, or district of the Untied United States that makes provision therefor, the Retrocessionaire Reinsurer hereby designates the Superintendent, Commissioner, or Director of Insurance or other officer specified for that purpose in the statute (or his successor or successors in office) as its true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the Retrocedant Company or any beneficiary hereunder arising out of this Agreement, and hereby designates the above named as the person to which whom the said officer is authorized to mail such process or a true copy thereof.

Appears in 1 contract

Samples: Multiline Quota Share Reinsurance Agreement (Tower Group, Inc.)

SERVICE OF SUIT. In (This Article only applies to reinsurers domiciled outside of the United States and/or unauthorized in any state, territory, or district of the United States having jurisdiction over the Company. The foregoing is not intended to conflict with, or override, the obligation of the parties hereto to arbitrate their disputes as provided by the Arbitration Article). A. It is agreed that in the event of the Retrocessionaire fails failure of the Reinsurer hereon to pay any amount claimed due hereunderperform its obligations under this Agreement, the RetrocessionaireReinsurer hereon, at the request of the RetrocedantCompany, will submit to the jurisdiction of a court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes, constitutes or should be understood to constitute, constitute a waiver of the RetrocessionarieReinsurer's right rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to the a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service It is further agreed that service of process in such suit may be made upon Lxxxxxxx X. Xxxx, Esq., Senior Vice President and General Counsel, Maiden Holdings, Ltd., 6000 Xxxxxxxxx Xxxxx, Xxxxx Xxxxxxxxxx LLP000X, New YorkXxxxx Xxxxxx, New York. In XX 00000, , and that in any suit instituted against it upon this Agreementinstituted, Retrocessionaire the Reinsurer will abide by the final decision of such court or of any appellate court in the event of an appeal. . B. The above above-named are authorized and directed to accept service of process on behalf of the Retrocessionaire Reinsurer in any such suit and/or upon the request of the Retrocedant Company to give a written undertaking to the Retrocedant Company that they will enter a general appearance upon the RetrocessionaireReinsurer's behalf in the event such a suit is shall be instituted. . C. Further, pursuant to any statute of any state, territory, territory or district of the Untied United States that which makes provision therefortherefore, the Retrocessionaire Reinsurer hereon hereby designates the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute (statute, or his successor or successors in office) , as its true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Company or any beneficiary hereunder arising out of this AgreementAgreement of reinsurance, and hereby designates the above above-named as the person to which whom the said officer is authorized to mail such process or a true copy thereof.

Appears in 1 contract

Samples: Reinsurance Agreement (Amtrust Financial Services, Inc.)

SERVICE OF SUIT. (Applies only to those Reinsurers who are domiciled outside the United States and/or unauthorized in any state, territory, or district of the United States having jurisdiction over the Reinsured.) In the event of the Retrocessionaire fails failure of the Reinsurer hereon to pay any amount claimed to be due hereunder, hereunder the RetrocessionaireReinsurer hereon, at the request of the RetrocedantReinsured, will submit to the jurisdiction of a any court of competent jurisdiction within the United States and will comply with all requirements necessary to give that such court jurisdiction. Nothing jurisdiction and all matters arising hereunder shall be determined in this Article constitutes, or should be understood to constitute, a waiver accordance with the law and practice of the Retrocessionarie's right to commence an action in any court of competent jurisdiction in the United States, to remove an action to the United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United Statessuch court. Service of process in such suit may be made upon Xxxxx Xxxxxxxxxx LLPMessrs. Mendes and Mount, New York750 Seventh Avenue, New York. In any suit Xxx Xxxx, Xxx Xxxx 00000-0000, xxx xxxx xxx xxxt instituted against it upon any one of them under this Agreement, Retrocessionaire the Reinsurer will abide by the final decision of such court or of any appellate court Appellate Court in the event of an appeal. The above above-named are authorized and directed to accept service of process on behalf of the Retrocessionaire Reinsurer in any such suit and/or upon the request of the Retrocedant Reinsured to give a written undertaking to the Retrocedant Reinsured that they will enter a general appearance upon the RetrocessionaireReinsurer's behalf in the event such a suit is shall be instituted. Further, pursuant to any statute of any state, territory, territory or district of the Untied United States that which makes provision therefor, the Retrocessionaire Reinsurer hereon hereby designates the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute (statute, or his successor or successors in office) , as its their true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Reinsured or any beneficiary hereunder arising out of this Agreement, Agreement and hereby designates designate the above above-named as the person to which whom the said officer is authorized to mail such process or a true copy thereof.

Appears in 1 contract

Samples: Multi Line Excess of Loss Reinsurance Agreement (Donegal Group Inc)

SERVICE OF SUIT. (a) Nothing in this SECTION 15.9 will be construed to override the provision of SECTION 15.7. This Section is intended as an aid to compelling arbitration, or enforcing such arbitration, or arbitral award, and not as an alternative to SECTION 15.7 for resolving disputes arising out of this Agreement. 28 (b) In the event of the Retrocessionaire fails failure of the Retrocedent to pay any amount claimed due perform their obligations hereunder, the RetrocessionaireRetrocedent, at the request of the RetrocedantRetrocessionaire, will shall submit to the jurisdiction of a court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article XV constitutes, or should be understood to constitute, a waiver of the Retrocessionarie's right Retrocedent’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to the a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service of process The Retrocedent, once the appropriate court is selected, whether such court is the one originally chosen by the Retrocessionaire and accepted by the Retrocedent or is determined by removal, transfer, or otherwise, as provided for above, shall comply with all requirements necessary to give said court jurisdiction and, in such suit may be made upon Xxxxx Xxxxxxxxxx LLP, New York, New York. In any suit instituted against it the Retrocedent upon this Agreement, Retrocessionaire will shall abide by the final decision of such court or of any appellate court in the event of an appeal. (c) Unless the Retrocedent designates a different party in writing, service of process in such suit may be made upon Xxxxx Xxxxx LLP, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx, 00000-00000, which is hereby authorized and directed to accept service of process on behalf of the Retrocedent in any such suit. (d) In the event of the failure of the Retrocessionaire to perform its obligations hereunder, the Retrocessionaire, at the request of the Retrocedent, shall submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this Article XV constitutes, or should be understood to constitute, a waiver of the Retrocessionaire’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or any state in the United States. The above named are Retrocessionaire, once the appropriate court is selected, whether such court is the one originally chosen by the Retrocedent and accepted by the Retrocessionaire or is determined by removal, transfer, or otherwise, as provided for above, shall comply with all requirements necessary to give said court jurisdiction and, in any suit instituted against the Retrocessionaire upon this Agreement, shall abide by the final decision of such court or of any appellate court in the event of an appeal. (e) Unless the Retrocessionaire designates a different party in writing, service of process in such suit may be made upon Universal Registered Agents, Inc., 00 Xxxxxxxx Xxxx, East Greenbush, NY 12061, which is hereby authorized and directed to accept service of process on behalf of the Retrocessionaire in any such suit and/or upon the request of the Retrocedant to give a written undertaking to the Retrocedant that they will enter a general appearance upon the Retrocessionaire's behalf in the event such a suit is instituted. Further, pursuant to any statute of any state, territory, or district of the Untied States that makes provision therefor, the Retrocessionaire hereby designates the Superintendent, Commissioner, or Director of Insurance or other officer specified for that purpose in the statute (or his successor or successors in office) as its true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the Retrocedant or any beneficiary hereunder arising out of this Agreement, and hereby designates the above named as the person to which the said officer is authorized to mail such process or a true copy thereof.

Appears in 1 contract

Samples: Reinsurance Agreement (SiriusPoint LTD)

SERVICE OF SUIT. (This Article applies only to those Reinsurers who are domiciled outside the United States of America and also to Reinsurers unauthorized in the State of New York.) [LOGO] In the event of the Retrocessionaire fails failure of the Reinsurers to whom this Article applies, or any one of them, to pay any amount claimed to be due hereunder, the Retrocessionairesuch Reinsurers, at the request of the RetrocedantCompany, will submit to the jurisdiction of a any court of competent jurisdiction within the United States and will comply with all requirements necessary to give that such court jurisdiction. Nothing , and all matters arising hereunder shall be determined in this Article constitutes, or should be understood to constitute, a waiver accordance with the law and practice of the Retrocessionarie's right to commence an action in any court of competent jurisdiction in the United States, to remove an action to the United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United Statessuch court. Service of process in such suit may be made upon Xxxxx Xxxxxxxxxx LLPMessrs. Mendes and Mount, New York000 Xxxxxxx Xxxxxx, New York. In Xxx Xxxx, Xxx Xxxx 00000-0000, and in any suit instituted against it any one of them upon this Agreement, Retrocessionaire the Reinsurers will abide by the final decision of such court or of any appellate court in the event of an appeal. The above named are authorized and directed to accept service of process on behalf of the Retrocessionaire Reinsurers in any such suit and/or upon the request of the Retrocedant Company to give a written undertaking to the Retrocedant Company that they will enter a general appearance upon the Retrocessionaire's on behalf of Reinsurers or any one of them in the event such a suit is shall be instituted. Further, pursuant to any statute of any state, territory, or district of the Untied United States that which makes provision provisions therefor, the Retrocessionaire Reinsurers to whom this Article applies hereby designates designate the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute (statute, or his successor or successors in office) , as its their true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the Retrocedant Company or any beneficiary hereunder arising out of this Agreement, and hereby designates designate the above named Mendes and Mount as the person firm to which whom the said officer is authorized to mail such process or a true copy thereof.

Appears in 1 contract

Samples: Reinsurance Agreement (Zenith National Insurance Corp)

SERVICE OF SUIT. (This Article applies only if the Reinsurer is domiciled outside the United States of America and/or unauthorized in any state, territory, or district of the United States of America that has jurisdiction over the Company and in which a subject suit has been instituted. This Article is not intended to conflict with or override the parties’ obligation to arbitrate their disputes in accordance with the Arbitration Article.) In the event of the Retrocessionaire fails failure of any Reinsurer hereon to pay any amount claimed to be due hereunder, the Retrocessionairesuch Reinsurer, at the request of the RetrocedantCompany, will shall submit to the jurisdiction of a court of competent jurisdiction within the United States and will shall comply with all requirements necessary to give that court jurisdiction. Nothing in this Article constitutes, constitutes or should be understood to constitute, constitute a waiver of the Retrocessionarie's right Reinsurer’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to the a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service of process in such suit may be made upon Xxxxx Xxxxxxxxxx LLPMendes and Mount, New York000 Xxxxxxx Xxxxxx, New YorkXxx Xxxx, Xxx Xxxx 00000-0000. In any suit Surety Quota Share Treaty Effective: January 1, 2011 Page 13 of 16 instituted against it upon this Reinsurance Agreement, Retrocessionaire will the Reinsurer shall abide by the final decision of such court or of any appellate court in the event of an any appeal. The above above-named are authorized and directed to accept service of process on behalf of the Retrocessionaire Reinsurer in any such suit and/or upon the request of the Retrocedant Company to give a written undertaking to the Retrocedant Company that they will shall enter a general appearance upon the Retrocessionaire's Reinsurer’s behalf in the event such a suit is shall be instituted. Further, pursuant to any statute of any state, territory, territory or district of the Untied United States that which makes provision therefor, the Retrocessionaire Reinsurer hereon hereby designates the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute (statute, or his the successor or successors in office) , as its true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Company or any beneficiary hereunder hereunder, arising out of this Reinsurance Agreement, and hereby designates the above above-named as the person to which whom the said officer is authorized to mail such process or a true copy thereof.

Appears in 1 contract

Samples: Reinsurance Agreement (Cna Surety Corp)

SERVICE OF SUIT. In (This Article only applies to reinsurers domiciled outside of the United States and/or unauthorized in any state, territory, or district of the United States having jurisdiction over the Company). It is agreed that in the event of the Retrocessionaire fails failure of the Reinsurer hereon to pay any amount claimed to be due hereunder, the RetrocessionaireReinsurer hereon, at the request of the RetrocedantCompany, will submit to the jurisdiction of a court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes, constitutes or should be understood to constitute, constitute a waiver of the RetrocessionarieReinsurer's right rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to the a United States District Court, Court or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service It is further agreed that service of process in such suit may be made upon Xxxxx Xxxxxxxxxx LLPMendes and Mount, New York000 Xxxxxxx Xxxxxx, New York. In Xxx Xxxx, Xxx Xxxx 00000, and that in any suit instituted against it upon this Agreement, Retrocessionaire the Reinsurer will abide by the final decision of such court or of any appellate court in the event of an appeal. The above above-named are authorized and directed to accept service of process on behalf of the Retrocessionaire Reinsurer in any such suit and/or upon the request of the Retrocedant Company to give a written undertaking to the Retrocedant Company that they will enter a general appearance upon the RetrocessionaireReinsurer's behalf in the event such a suit is shall be instituted. Further, pursuant to any statute of any state, territory, territory or district of the Untied United States that which makes provision therefor, the Retrocessionaire Reinsurer hereon hereby designates the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute (statute, or his successor or successors in office) , as its true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Company or any beneficiary hereunder arising out of this Agreement, Contract of reinsurance and hereby designates the above above-named as the person to which whom the said officer is authorized to mail such process or a true copy thereof.

Appears in 1 contract

Samples: Reinsurance Contract (Philadelphia Consolidated Holding Corp)

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SERVICE OF SUIT. In (This Article only applies to reinsurers domiciled outside of the United States and/or unauthorized in any state, territory, or district of the United States having jurisdiction over the Reinsured). It is agreed that in the event of the Retrocessionaire fails failure of the Reinsurer to pay any amount claimed to be due hereunderhereunder or to perform any other obligation under the Agreement, the RetrocessionaireReinsurer, at the request of the RetrocedantReinsured, will submit to the jurisdiction of a court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes, constitutes or should be understood to constitute, constitute a waiver of the RetrocessionarieReinsurer's right rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to the a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service It is further agreed that service of process in such suit may be made upon Xxxxx Xxxxxxxxxx LLPWillxxx Xxxx xxx Gallxxxxx, New YorkXxe Xxxxxxxx Xxxxxx, New York. In 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx, 00000, xxd that in any suit instituted against it upon this Agreementinstituted, Retrocessionaire the Reinsurer will abide by the final decision of such court or of any appellate court in the event of an appeal. The above above-named are authorized and directed to accept service of process on behalf of the Retrocessionaire Reinsurer in any such suit and/or upon the request of the Retrocedant Reinsured to give a written undertaking to the Retrocedant Reinsured that they will enter a general appearance upon the RetrocessionaireReinsurer's behalf in the event such a suit is shall be instituted. 20 20 Further, pursuant to any statute of any state, territory, territory or district of the Untied United States that which makes provision therefor, the Retrocessionaire Reinsurer hereon hereby designates the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute (statute, or his successor or successors in office) , as its true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Reinsured or any beneficiary hereunder arising out of this AgreementAgreement of reinsurance, and hereby designates the above above-named as the person to which whom the said officer is authorized to mail such process or a true copy thereof. The foregoing is not intended to conflict with or override the obligation of the parties hereto to arbitrate their disputes as provided in the Arbitration clause.

Appears in 1 contract

Samples: Aggregate Excess of Loss Reinsurance Agreement (Trenwick Group Inc)

SERVICE OF SUIT. (This Article applies only if the Reinsurer is domiciled outside the United States of America and/or unauthorized in any state, territory, or district of the United States of America that has jurisdiction over the Company and in which a subject suit has been instituted. This Article is not intended to conflict with or override the parties' obligation to arbitrate their disputes in accordance with the Arbitration Article.) In the event of the Retrocessionaire fails failure of any Reinsurer hereon to pay any amount claimed to be due hereunder, the Retrocessionairesuch Reinsurer, at the request of the RetrocedantCompany, will shall submit to the jurisdiction of a court of competent jurisdiction within the United States and will shall comply with all requirements necessary to give that court jurisdiction. Nothing in this Article constitutes, constitutes or should be understood to constitute, constitute a waiver of the RetrocessionarieReinsurer's right rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to the a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service of process in such suit may be made upon Xxxxx Xxxxxxxxxx LLPMendes and Mount, New York000 Xxxxxxx Xxxxxx, New YorkXxx Xxxx, Xxx Xxxx 00000-0000. In any suit instituted against it upon this AgreementContract, Retrocessionaire will the Reinsurer shall abide by the final decision of such court or of any appellate court in the event of an any appeal. The above above-named are authorized and directed to accept service of process on behalf of the Retrocessionaire Reinsurer in any such suit and/or upon the request of the Retrocedant Company to give a written undertaking to the Retrocedant Company that they will shall enter a general appearance upon the RetrocessionaireReinsurer's behalf in the event such a suit is shall be instituted. Further, pursuant to any statute of any state, territory, territory or district of the Untied United States that which makes provision therefor, the Retrocessionaire Reinsurer hereon hereby designates the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute (statute, or his the successor or successors in office) , as its true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Company or any beneficiary hereunder hereunder, arising out of this AgreementContract, and hereby designates the above above-named as the person to which whom the said officer is authorized to mail such process or a true copy thereof.

Appears in 1 contract

Samples: Surety Excess of Loss Reinsurance Contract (Cna Surety Corp)

SERVICE OF SUIT. A. This Article shall not be read to conflict with or override the obligations of the parties to arbitrate their disputes as provided for in the Arbitration Article. This Article is intended as an aid to compelling arbitration or enforcing such arbitration or arbitral award, not as an alternative to the Arbitration Article for resolving disputes arising out of this Contract. B. In the event of the Retrocessionaire fails failure of the Reinsurer to pay any amount claimed due perform its obligations hereunder, the RetrocessionaireReinsurer, at the request of the RetrocedantCompany, will shall submit to the jurisdiction of a court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes, constitutes or should be understood to constitute, constitute a waiver of the Retrocessionarie's right Reinsurer’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to the a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service of process The Reinsurer, once the appropriate court is selected, whether such court is the one originally chosen by the Company and accepted by the Reinsurer or is determined by removal, transfer, or otherwise, as provided for above, shall comply with all requirements necessary to give said court jurisdiction and, in such suit may be made upon Xxxxx Xxxxxxxxxx LLP, New York, New York. In any suit instituted against it the Reinsurer upon this AgreementContract, Retrocessionaire will shall abide by the final decision of such court or of any appellate court in the event of an appeal. Effective: July 1, 2013 C. Service of process in such suit against the Reinsurer may be made upon Messrs. Mendes and Mount, 750 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000, xhe party identified on behalf of the Reinsurer on the Reinsurer’s signature page of this Contract, and in any suit instituted, the Reinsurer shall abide by the final decision of such court or any appellate court in the event of an appeal. The above above-named are authorized and directed to accept service of process on behalf of the Retrocessionaire Reinsurer in any such suit and/or upon the request of the Retrocedant to give a written undertaking to the Retrocedant that they will enter a general appearance upon the Retrocessionaire's behalf in the event such a suit is instituted. suit. D. Further, pursuant to any statute of any state, territory, territory or district of the Untied United States that makes provision therefor, the Retrocessionaire Reinsurer hereby designates the Superintendent, Commissioner, Commissioner or Director of Insurance Insurance, or other officer specified for that purpose in the statute (statute, or his successor or successors in office) , as its true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Company or any beneficiary hereunder arising out of this AgreementContract, and hereby designates the above above-named as the person to which whom the said officer is authorized to mail such process or a true copy thereof.

Appears in 1 contract

Samples: Workers’ Compensation Quota Share Reinsurance Contract (Tower Group International, Ltd.)

SERVICE OF SUIT. In (This Article only applies to reinsurers domiciled outside of the United States and/or unauthorized in any state, territory, or district of the United States having jurisdiction over the Company). It is agreed that, in the event of the Retrocessionaire fails failure of the Reinsurer hereon to pay any amount claimed to be due hereunder, the RetrocessionaireReinsurer hereon, at the request of the RetrocedantCompany, will submit to the jurisdiction of a court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes, constitutes or should be understood to constitute, constitute a waiver of the RetrocessionarieReinsurer's right rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to the a United States District Court, Court or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service It is further agreed that service of process in such suit may be made upon Xxxxx Xxxxxxxxxx LLPMendes and Mount, New York000 Xxxxxxx Xxxxxx, New York. In Xxx Xxxx, Xxx Xxxx 00000, and that in any suit instituted against it upon this Agreement, Retrocessionaire the Reinsurer will abide by the final decision of such court or of any appellate court in the event of an appeal. The above above-named are authorized and directed to accept service of process on behalf of the Retrocessionaire Reinsurer in any such suit and/or upon the request of the Retrocedant Company to give a written undertaking to the Retrocedant Company that they will enter a general appearance upon the RetrocessionaireReinsurer's behalf in the event such a suit is shall be instituted. Further, pursuant to any statute of any state, territory, territory or district of the Untied United States that which makes provision therefor, the Retrocessionaire Reinsurer hereon hereby designates the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute (statute, or his successor or successors in office) , as its true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Company or any beneficiary hereunder arising out of this Agreement, Contract of reinsurance and hereby designates the above above-named as the person to which whom the said officer is authorized to mail such process or a true copy thereof.

Appears in 1 contract

Samples: Interests and Liabilities Agreement (Philadelphia Consolidated Holding Corp)

SERVICE OF SUIT. In A. It is agreed that in the event of the failure of the Retrocessionaire fails hereon to pay any amount claimed to be due hereunder, the RetrocessionaireRetrocessionaire hereon, at the request of the RetrocedantRetrocedent, will submit to the jurisdiction of a court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes, clause constitutes or should be understood to constitute, constitute a waiver of the RetrocessionarieRetrocessionaire's right rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to the a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service It is further agreed that service of process in such suit may be made upon Xxxxx Xxxxxxxxxx LLPMendes & Mount, New York000 Xxxxxxx Xxxxxx, New York. In Xxx Xxxx, Xxx Xxxx 00000-0000, and that in any suit instituted against it any one of them upon this Agreement, Retrocessionaire will abide by the final decision of such court or of any appellate court Appellate Court in the event of an appeal. . B. The above above-named are authorized and directed to accept service of process on behalf of the Retrocessionaire in any such suit and/or upon the request of the Retrocedant Retrocedent to give a written undertaking to the Retrocedant Retrocedent that they will enter a general appearance upon the Retrocessionaire's behalf in the event such a suit is shall be instituted. . C. Further, pursuant to any statute of any state, territory, territory or district of the Untied United States that which makes provision therefortherefore, the Retrocessionaire hereon hereby designates designate the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute (statute, or his successor or successors in office) , as its their true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Retrocedent or any beneficiary hereunder arising out of this Agreementcontract of reinsurance, and hereby designates designate the above above-named Mendes & Mount as the person to which whom the said officer is authorized to mail such process or a true copy thereof.

Appears in 1 contract

Samples: Reinsurance Agreement (Symons International Group Inc)

SERVICE OF SUIT. In A. This Article applies only to those reinsurers not domiciled in the United States of America, and/or not authorized in any state, territory and/or district of the United States of America where authorization is required by insurance regulatory authorities. B. It is agreed that in the event of the Retrocessionaire fails failure of the Reinsurer hereon to pay any amount claimed to be due hereunder, the RetrocessionaireReinsurer hereon, at the request of the RetrocedantCompany, will shall submit to the jurisdiction of a court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdictionof America. Nothing in this Article constitutes, constitutes or should be understood to constitute, constitute a waiver of the Retrocessionarie's right Reinsurer’s rights to commence an action in any court of competent jurisdiction in the United StatesStates of America, to remove an action to the a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States of America or of any state in the United StatesStates of America. Service It is further agreed that service of process in such suit may be made upon Messrs. Mendes & Mount, 000 Xxxxx Xxxxxxxxxx LLPXxxxxxxx, New YorkSuite 1990, New York. In Los Angeles, CA 90017, and that in any suit instituted against it upon this Agreementinstituted, Retrocessionaire will the Reinsurer shall abide by the final decision of such court or of any appellate court in the event of an appeal. . C. The above above-named are authorized and directed to accept service of process on behalf of the Retrocessionaire Reinsurer in any such suit and/or upon the request of the Retrocedant Company to give a written undertaking to the Retrocedant Company that they will shall enter a general appearance upon the Retrocessionaire's Reinsurer’s behalf in the event such a suit is shall be instituted. . D. Further, pursuant to any statute of any state, territory, territory or district of the Untied United States that of America which makes provision therefor, the Retrocessionaire Reinsurer hereon hereby designates the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute (statute, or his its successor or successors in office) , as its their true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Company or any beneficiary hereunder arising out of this AgreementContract, and hereby designates designate the above above-named as the person firm to which whom the said officer is authorized to mail such process or a true copy thereof.

Appears in 1 contract

Samples: Excess of Loss Reinsurance Contract (Scpie Holdings Inc)

SERVICE OF SUIT. (This Article applies only if the Reinsurer is domiciled outside the United States of America and/or unauthorized in any state, territory, or district of the United States of America that has jurisdiction over the Company and in which a subject suit has been instituted. This Article is not intended to conflict with or override the parties’ obligation to arbitrate their disputes in accordance with the Arbitration Article.) In the event of the Retrocessionaire fails failure of any Reinsurer hereon to pay any amount claimed to be due hereunder, the Retrocessionairesuch Reinsurer, at the request of the RetrocedantCompany, will shall submit to the jurisdiction of a court of competent jurisdiction within the United States and will shall comply with all requirements necessary to give that court jurisdiction. Nothing in this Article constitutes, constitutes or should be understood to constitute, constitute a waiver of the Retrocessionarie's right Reinsurer’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to the a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service of process in such suit may be made upon Xxxxx Xxxxxxxxxx LLPMendes and Mount, New York000 Xxxxxxx Xxxxxx, New YorkXxx Xxxx, Xxx Xxxx 00000-0000. In any suit instituted against it upon this Reinsurance Agreement, Retrocessionaire will the Reinsurer shall abide by the final decision of such court or of any appellate court in the event of an any appeal. The above above-named are authorized and directed to accept service of process on behalf of the Retrocessionaire Reinsurer in any such suit and/or upon the request of the Retrocedant Company to give a written undertaking to the Retrocedant Company that they will shall enter a general appearance upon the Retrocessionaire's Reinsurer’s behalf in the event such a suit is shall be instituted. Further, pursuant to any statute of any state, territory, territory or district of the Untied United States that which makes provision therefor, the Retrocessionaire Reinsurer hereon hereby designates the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute (statute, or his the successor or successors in office) , as its true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Company or any beneficiary hereunder hereunder, arising out of this Reinsurance Agreement, and hereby designates the above above-named as the person to which whom the said officer is authorized to mail such process or a true copy thereof.

Appears in 1 contract

Samples: Reinsurance Agreement (Cna Surety Corp)

SERVICE OF SUIT. In (This Article only applies to reinsurers domiciled outside of the United States and/or unauthorized in any state, territory, or district of the United States having jurisdiction over the Reinsured). It is agreed that in the event of the Retrocessionaire fails failure of the Reinsurer to pay any amount claimed to be due hereunderhereunder or to perform any other obligation under the Agreement, the RetrocessionaireReinsurer, at the request of the RetrocedantReinsured, will submit to the jurisdiction of a court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes, constitutes or should be understood to constitute, constitute a waiver of the RetrocessionarieReinsurer's right rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to the a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service It is further agreed that service of process in such suit may be made upon Xxxxx Xxxxxxxxxx LLPWillxxx Xxxx xxx Gallxxxxx, New YorkXxe Xxxxxxxx Xxxxxx, New York. In 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx, 00000, xxd that in any suit instituted against it upon this Agreementinstituted, Retrocessionaire the Reinsurer will abide by the final decision of such court or of any appellate court in the event of an appeal. The above above-named are authorized and directed to accept service of process on behalf of the Retrocessionaire Reinsurer in any such suit and/or upon the request of the Retrocedant Reinsured to give a written undertaking to the Retrocedant Reinsured that they will enter a general appearance upon the RetrocessionaireReinsurer's behalf in the event such a suit is shall be instituted. Further, pursuant to any statute of any state, territory, territory or district of the Untied United States that which makes provision therefor, the Retrocessionaire Reinsurer hereon hereby designates the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute (statute, or his successor or 40 19 successors in office) , as its true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Reinsured or any beneficiary hereunder arising out of this AgreementAgreement of reinsurance, and hereby designates the above above-named as the person to which whom the said officer is authorized to mail such process or a true copy thereof. The foregoing is not intended to conflict with or override the obligation of the parties hereto to arbitrate their disputes as provided in the Arbitration clause.

Appears in 1 contract

Samples: Aggregate Excess of Loss Reinsurance Agreement (Trenwick Group Inc)

SERVICE OF SUIT. In the event the Retrocessionaire fails to pay any amount claimed due hereunder, the Retrocessionaire, at the request of the Retrocedant, will submit to the jurisdiction of a court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdiction. Nothing in this Article constitutes, or should be understood to constitute, a waiver of the Retrocessionarie's ’s right to commence an action in any court of competent jurisdiction in the United States, to remove an action to the United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service of process in such suit may be made upon Xxxxx Dxxxx Xxxxxxxxxx LLP, New York, New York. In any suit instituted against it upon this Agreement, Retrocessionaire will abide by the final decision of such court or of any appellate court in the event of an appeal. The above named are authorized and directed to accept service of process on behalf of the Retrocessionaire in any such suit and/or upon the request of the Retrocedant to give a written undertaking to the Retrocedant that they will enter a general appearance upon the Retrocessionaire's ’s behalf in the event such a suit is instituted. Further, pursuant to any statute of any state, territory, or district of the Untied States that makes provision therefor, the Retrocessionaire hereby designates the Superintendent, Commissioner, or Director of Insurance or other officer specified for that purpose in the statute (or his successor or successors in office) as its true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the Retrocedant or any beneficiary hereunder arising out of this Agreement, and hereby designates the above named as the person to which the said officer is authorized to mail such process or a true copy thereof.

Appears in 1 contract

Samples: Quota Share Retrocession Agreement (Platinum Underwriters Holdings LTD)

SERVICE OF SUIT. In It is agreed that in the event of the Retrocessionaire fails failure of the Reinsurers hereon to pay any amount claimed to be due hereunder, the RetrocessionaireReinsurers hereon, at the request of the RetrocedantCompany, will submit to the jurisdiction of a court Court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes, Clause constitutes or should be understood to constitute, constitute a waiver of the Retrocessionarie's right Reinsurers’ rights to commence an action in any court Court of competent jurisdiction in the United States, to remove an action to the a United States District Court, or to seek a transfer of a case to another court Court as permitted by the laws of the United States or of any state State in the United States. Service It is further agreed that service of process in such suit may be made upon Xxxxx Xxxxxxxxxx LLPMessrs Mendes and Mount, New York000 Xxxxxxx Xxxxxx, New York. In Xxx Xxxx, Xxx Xxxx 00000-0000, and that in any suit instituted against it any one of them upon this Agreement, Retrocessionaire Reinsurers will abide by the final decision of such court Court or of any appellate court Appellate Court in the event of an appeal. The above above-named are authorized and directed to accept service of process on behalf of the Retrocessionaire Reinsurers in any such suit and/or upon the request of the Retrocedant Company to give a written undertaking to the Retrocedant Company that they will enter a general appearance upon the Retrocessionaire's Reinsurers’ behalf in the event such a suit is shall be instituted. Further, pursuant to any statute of any state, territory, territory or district of the Untied United States that which makes provision therefortherefore, the Retrocessionaire Reinsurers hereon hereby designates designate the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute (statute, or his successor or successors in office) , as its their true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Company or any beneficiary hereunder arising out of this AgreementAgreement of insurance (or reinsurance), and hereby designates designate the above above-named as the person to which whom the said officer is authorized to mail such process or a true copy thereof.

Appears in 1 contract

Samples: Reinsurance Agreement (United Insurance Holdings Corp.)

SERVICE OF SUIT. In the event of the failure of the Retrocessionaire fails hereon to pay any amount claimed to be due hereunder, the Retrocessionaire, such Retrocessionaire at the request of the RetrocedantRetrocedent/Reinsured, will submit to the jurisdiction of a court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes, constitutes or should be understood to constitute, constitute a waiver of the RetrocessionarieRetrocessionaire's right rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to the a United States District Di strict Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service of process in such suit may be made upon Xxxxx Xxxxxxxxxx LLPMendes & Mount, New York000 0xx Xxxxxx, New YorkXxx Xxxx, Xxx Xxxx 00000-0000 XXX or another party specifically designated in the applicable Interests and Liabilities Agreement attached hereto. In any suit instituted against it upon this Agreement, the Retrocessionaire will abide by the final decision of such court court, or of any appellate ap pellate court in the event of an any appeal. The above above-named are authorized and directed to accept service of process on behalf of the Retrocessionaire in any such suit and/or upon the request of the Retrocedant Retrocedent/Reinsured to give a written undertaking to the Retrocedant Retrocedent/Reinsured that they will enter a general appearance upon the Retrocessionaire's behalf in the event such a suit is will be instituted. Further, pursuant to any statute of any state, territory, territory or district of the Untied United States that which makes provision therefortherefore, the Retrocessionaire hereon hereby designates the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute (statute, or his the successor or successors in office) , as its true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Retrocedent/Reinsured or any beneficiary hereunder beneficiar y hereunder, arising out of this Agreement, and hereby designates the above above-named as the person to which whom the said officer is authorized to mail such process or a true copy thereof.

Appears in 1 contract

Samples: Workers Compensation Retrocessional Stop Loss Agreement (Chartwell Re Holdings Corp)

SERVICE OF SUIT. (a) Nothing in this Section 15.9 will be construed to override the provision of Section 15.7. This Section is intended as an aid to compelling arbitration, or enforcing such arbitration, or arbitral award, and not as an alternative to Section 15.7 for resolving disputes arising out of this Agreement. (b) In the event of the Retrocessionaire fails failure of the Retrocedent to pay any amount claimed due perform their obligations hereunder, the RetrocessionaireRetrocedent, at the request of the RetrocedantRetrocessionaire, will shall submit to the jurisdiction of a court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article XV constitutes, or should be understood to constitute, a waiver of the Retrocessionarie's right Retrocedent’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to the a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service of process The Retrocedent, once the appropriate court is selected, whether such court is the one originally chosen by the Retrocessionaire and accepted by the Retrocedent or is determined by removal, transfer, or otherwise, as provided for above, shall comply with all requirements necessary to give said court jurisdiction and, in such suit may be made upon Xxxxx Xxxxxxxxxx LLP, New York, New York. In any suit instituted against it the Retrocedent upon this Agreement, Retrocessionaire will shall abide by the final decision of such court or of any appellate court in the event of an appeal. (c) Unless the Retrocedent designates a different party in writing, service of process in such suit may be made upon Mayer Brxxx XXX, 0021 Avexxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx, 00000-00000, xxxxx is hereby authorized and directed to accept service of process on behalf of the Retrocedent in any such suit. (d) In the event of the failure of the Retrocessionaire to perform its obligations hereunder, the Retrocessionaire, at the request of the Retrocedent, shall submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this Article XV constitutes, or should be understood to constitute, a waiver of the Retrocessionaire’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or any state in the United States. The above named are Retrocessionaire, once the appropriate court is selected, whether such court is the one originally chosen by the Retrocedent and accepted by the Retrocessionaire or is determined by removal, transfer, or otherwise, as provided for above, shall comply with all requirements necessary to give said court jurisdiction and, in any suit instituted against the Retrocessionaire upon this Agreement, shall abide by the final decision of such court or of any appellate court in the event of an appeal. (e) Unless the Retrocessionaire designates a different party in writing, service of process in such suit may be made upon Universal Registered Agents, Inc., 26 Carvixxx Xxxx, Xxxx Xxxxxxxxx, NY 12061, which is hereby authorized and directed to accept service of process on behalf of the Retrocessionaire in any such suit and/or upon the request of the Retrocedant to give a written undertaking to the Retrocedant that they will enter a general appearance upon the Retrocessionaire's behalf in the event such a suit is instituted. Further, pursuant to any statute of any state, territory, or district of the Untied States that makes provision therefor, the Retrocessionaire hereby designates the Superintendent, Commissioner, or Director of Insurance or other officer specified for that purpose in the statute (or his successor or successors in office) as its true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the Retrocedant or any beneficiary hereunder arising out of this Agreement, and hereby designates the above named as the person to which the said officer is authorized to mail such process or a true copy thereof.

Appears in 1 contract

Samples: Loss Portfolio Transfer Reinsurance Agreement (SiriusPoint LTD)

SERVICE OF SUIT. (This Article applies only to those Reinsurers who are domiciled outside the United States of America and also to Reinsurers unauthorized in the State of New York.) In the event of the Retrocessionaire fails failure of the Reinsurers to whom this Article applies, or any one of them, to pay any amount claimed to be due hereunder, the Retrocessionairesuch Reinsurers, at the request of the RetrocedantCompany, will submit to the jurisdiction of a any court of competent jurisdiction within the United States States, and will comply with all requirements necessary to give that such court jurisdiction. Nothing , and all matters arising hereunder shall be determined in this Article constitutes, or should be understood to constitute, a waiver accordance with the law and practice of the Retrocessionarie's right to commence an action in any court of competent jurisdiction in the United States, to remove an action to the United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United Statessuch court. Service of process in such suit may be made upon Xxxxx Xxxxxxxxxx LLPMessrs. Mendes and Mount, New York750 Xxxxxxx Xxxxxx, New York. In Xxx Xxxx, Xxx Xxxx 00000-0000, xxd in any suit instituted against it any one of them upon this Agreement, Retrocessionaire the Reinsurers will abide by the final decision of such court or of any appellate court in the event of an appeal. The above named are authorized and directed to accept service of process on behalf of the Retrocessionaire Reinsurers in any such suit and/or upon the request of the Retrocedant Company to give a written undertaking to the Retrocedant Company that they will enter a general appearance upon the Retrocessionaire's on behalf of Reinsurers or any one of them in the event such a suit is shall be instituted. Further, pursuant to any statute of any state, territory, or district of the Untied United States that which makes provision provisions therefor, the Retrocessionaire Reinsurers to whom this Article applies hereby designates designate the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute (statute, or his successor or successors in office) , as its their true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the Retrocedant Company or any beneficiary hereunder arising out of this Agreement, and hereby designates designate the above named Mendes and Mount as the person firm to which whom the said officer is authorized to mail such process or a true copy thereof.

Appears in 1 contract

Samples: Reinsurance Agreement (Merchants Group Inc)

SERVICE OF SUIT. A. This Article only applies to a Reinsurer domiciled outside of the United States and/or unauthorized in any state, territory or district of the United States having jurisdiction over the Company. Furthermore, this Article will not be read to conflict with or override the obligations of the parties to arbitrate their disputes as provided for in the Article entitled Arbitration. This Article is intended as an aid to compelling arbitration or enforcing such B. In the event the Retrocessionaire fails to pay of any amount claimed due hereunderdispute, the RetrocessionaireReinsurer, at the request of the RetrocedantCompany, will shall submit to the jurisdiction of a court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes, constitutes or should be understood to constitute, constitute a waiver of any obligation to arbitrate disputes arising from this Agreement or the Retrocessionarie's right Reinsurer’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to the a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. . C. Service of process in any such suit against the Reinsurer may be made upon Xxxxx Xxxxxxxxxx LLPMendes and Mount, New York000 Xxxxxxx Xxxxxx, New York. In any suit instituted against it upon Xxx Xxxx, Xxx Xxxx 00000-0000 (“Firm”), or the party identified on behalf of the Reinsurer on the Reinsurer’s signature page to this Agreement, Retrocessionaire will and in any suit instituted, the Reinsurer shall abide by the final decision of such court or of any appellate court Appellate Court in the event of an appeal. . D. The above named are Firm is authorized and directed to accept service of process on behalf of the Retrocessionaire Reinsurer in any such suit and/or upon the request of the Retrocedant Company to give a written undertaking to the Retrocedant Company that they will shall enter a general appearance upon the Retrocessionaire's Reinsurer’ behalf in the event such a suit is shall be instituted. . E. Further, as required by and pursuant to any statute of any state, territory, territory or district of the Untied United States that which makes provision therefortherefore, the Retrocessionaire Reinsurer hereby designates the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute (statute, or his successor or successors in office) , as its their true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Company or any beneficiary hereunder arising out of this Agreement, and hereby designates the above above-named as the person to which whom the said officer is authorized to mail such process or a true copy thereof.

Appears in 1 contract

Samples: Quota Share Reinsurance Agreement (CastlePoint Holdings, Ltd.)

SERVICE OF SUIT. (This Article applies only to those Reinsurers who are domiciled outside the United States of America and also to Reinsurers unauthorized in the State of New York.) In the event of the Retrocessionaire fails failure of the Reinsurers to whom this Article applies, or any one of them, to pay any amount claimed to be due hereunder, the Retrocessionairesuch Reinsurers, at the request of the RetrocedantCompany, will submit to the jurisdiction of a any court of competent jurisdiction within the United States States, and will comply with all requirements necessary to give that such court jurisdiction. Nothing , and all matters arising hereunder shall be determined in this Article constitutes, or should be understood to constitute, a waiver accordance with the law and practice of the Retrocessionarie's right to commence an action in any court of competent jurisdiction in the United States, to remove an action to the United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United Statessuch court. Service of process in such suit may be made upon Xxxxx Xxxxxxxxxx LLPMessrs. Mendes and Mount, New York000 Xxxxxxx Xxxxxx, New York. In Xxx Xxxx, Xxx Xxxx 00000-0000, and in any suit instituted against it any one of them upon this Agreement, Retrocessionaire the Reinsurers will abide by the final decision of such court or of any appellate court in the event of an appeal. The above named are authorized and directed to accept service of process on behalf of the Retrocessionaire Reinsurers in any such suit and/or upon the request of the Retrocedant Company to give a written undertaking to the Retrocedant Company that they will enter a general appearance upon the Retrocessionaire's on behalf of Reinsurers or any one of them in the event such a suit is shall be instituted. Further, pursuant to any statute of any state, territory, or district of the Untied United States that which makes provision provisions therefor, the Retrocessionaire Reinsurers to whom this Article applies hereby designates designate the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute (statute, or his successor or successors in office) , as its their true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the Retrocedant Company or any beneficiary hereunder arising out of this Agreement, and hereby designates designate the above named Mendes and Mount as the person firm to which whom the said officer is authorized to mail such process or a true copy thereof.

Appears in 1 contract

Samples: Workers' Compensation and Employers' Liability Excess of Loss Reinsurance Agreement (Paula Financial)

SERVICE OF SUIT. In This Service of Suit clause will not be read to conflict with or override the obligations of the parties to arbitrate their disputes as provided for in any Arbitration clause within this Policy. This clause is intended as an aid to compelling arbitration or enforcing such arbitral award, not as an alternative to such Arbitration clause for resolving disputes arising out of this contract of insurance. It is agreed that in the event of the Retrocessionaire fails failure of the Underwriters hereon to pay any amount claimed to be due hereunder, the RetrocessionaireUnderwriters hereon, at the request of the RetrocedantInsured, will submit to the jurisdiction of a court Court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes, Clause constitutes or should be understood to constitute, constitute a waiver of the Retrocessionarie's right Underwriters' rights to commence an action in any court Court of competent jurisdiction in the United States, to remove an action to the a United States District Court, or to seek a transfer of a case to another court Court as permitted by the laws of the United States or of any state State in the United States. Service It is further agreed that service of process in such suit may be made upon Xxxxx Xxxxxxxxxx LLPthe person or persons specified in the Schedule for this purpose, New York, New York. In and that in any suit instituted against it any one of them upon this Agreementcontract, Retrocessionaire the Underwriters will abide by the final decision of such court Court or of any appellate court Appellate Court in the event of an appeal. The above named person or persons specified in the Schedule are authorized authorised and directed to accept service of process on behalf of the Retrocessionaire Underwriters in any such suit and/or upon the request of the Retrocedant Insured to give a written undertaking to the Retrocedant Insured that they will enter a general appearance upon the Retrocessionaire's Underwriters' behalf in the event such a suit is shall be instituted. Further, pursuant to any statute of any stateState, territory, territory or district of the Untied United States that which makes provision therefor, the Retrocessionaire Underwriters hereon hereby designates designate the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute (statute, or his successor or successors in office) , as its their true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Insured or any beneficiary hereunder arising out of this Agreementcontract of insurance, and hereby designates designate the above above-named as the person to which whom the said officer is authorized to mail such process or a true copy thereof.

Appears in 1 contract

Samples: Non Marine Property Insurance Policy

SERVICE OF SUIT. In A. It is agreed that in the event of the Retrocessionaire fails failure of the Reinsurers hereon to pay any amount claimed to be due hereunder, the RetrocessionaireReinsurers hereon, at the request of the RetrocedantCompany, will submit to the jurisdiction of a court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes, or should be understood to constitute, The foregoing shall not constitute a waiver of the Retrocessionarie's right of the Reinsurers to commence an action in any suit in, or to remove, remand or transfer any suit to any other court of competent jurisdiction in accordance with the United States, to remove an action to applicable statutes of the state or United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service pertinent thereto. B. It is further agreed that service of process in such suit may be made upon Xxxxx Xxxxxxxxxx LLPKrolx & Xract, New York520 Xxxxxxx Xxxxxx, New York. In Xxx Xxxx, XX 00000-0000, Xxxxxx Xxxxxx xx America, and that in any suit instituted against it any one of them upon this AgreementContract, Retrocessionaire the Reinsurers will abide by the final decision of such court Court or of any appellate court Appellate Court in the event of an appeal. . C. The above named are authorized and directed to accept service of process on behalf of the Retrocessionaire Reinsurers in any such suit and/or upon the request of the Retrocedant Company to give a written undertaking to the Retrocedant Company that they will enter a general appearance upon the Retrocessionaire's Reinsurers behalf in the event such a suit is shall be instituted. . D. Further, pursuant to any statute of any state, territory, territory or district District of the Untied United States that which makes provision therefor, the Retrocessionaire Reinsurers hereon hereby designates designate the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose purposes in the statute (statute, or his successor or successors in office) , as its their true and lawful attorney upon whom may be served any lawful process proceeding in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Company or any beneficiary hereunder arising out of this AgreementContract, and hereby designates designate the above named as the person to which the whom said officer is authorized to mail such process or a true copy thereof. Medical Brokers, Inc., Pegasus Advisors, Inc. and Lloyx Xxxxxxxx Xxx. are hereby recognized as the Intermediaries negotiating this Contract for all business hereunder. All communications (including but not limited to notices, statements, premium, return premium, commissions, taxes, losses, Loss Adjustment Expense, salvage and loss settlements) relating thereto shall be transmitted to the Company or the Reinsurers through Pegasus Advisors, Inc. Payments by the Company to the Intermediaries shall be deemed to constitute payment to the Reinsurers. Payments by the Reinsurers to the Intermediaries shall be deemed to constitute payment to the Company only to the extent that such payments are actually received by the Company. Notwithstanding the above, the Company and Reinsurers hereby agree that all payments will be direct from the Reinsurers to the Company, or from the Company to the Reinsurers, as appropriate. 1. This Agreement does not cover any loss or liability accruing to the Cedent as a member of, or subscriber to, any association of insurers or reinsurers formed for the purpose of covering nuclear energy risks or as a direct or indirect reinsurer of any such member, subscriber, or association. 2. Without in any way restricting the operation of paragraph (1) of this Clause it is understood and agreed that for all purposes of this Agreement all the original policies of the Cedent (new, renewal and replacement) of the classes specified in Clause II of this paragraph (2) from the time specified in Clause III of this paragraph (2) shall be deemed to include the following provision (specified as the Limited Exclusion Provision): Limited Exclusion Provision I. It is agreed that the policy does not apply under any liability coverage, to (injury, sickness, disease, death or destruction (bodily injury or property damage with respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an insured under any such policy but for its termination upon exhaustion of its limits of liability. II. Family Automobile Policies (liability only), Special Automobile Policies (private passenger automobiles, liability only), Farmers Comprehensive Personal Liability Policies (liability only), Comprehensive Personal Liability Policies (liability only) or policies of a similar nature; and the liability portion of combination forms related to the four classes of policies stated above, such as the Comprehensive Dwelling Policy and the applicable types of Homeowners Policies. III. The inception dates and thereafter of all original policies as described in II above, whether new, renewal or replacement, being policies which either (a) become effective on or after 1st May, 1960, or (b) become effective before that date and contain the Limited Exclusion Provision set out above; provided this paragraph (2) shall not be applicable to Family Automobile Policies, Special Automobile Policies, Special Automobile Policies or policies or combination policies of a similar nature, issued by the Cedent on New York risks, until 90 days following approval of the Limited Exclusion Provision by the Governmental Authority having jurisdiction thereof. 3. Except for those classes of policies specified in Clause II of paragraph (2) and without in any way restricting the operation of paragraph (1) of this Clause, it is understood and agreed that for all purposes of this Agreement the original liability policies of the Cedent (new, renewal and replacement) affording the following coverages:

Appears in 1 contract

Samples: Specific Excess Reinsurance Contract (Miix Group Inc)

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