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 failure of any Reinsurer hereon to pay any amount claimed to be due hereunder, such Reinsurer, at the request of the Company, shall submit to the jurisdiction of a court of competent jurisdiction within the United States and shall 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 Reinsurer'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 of any state in the United States. Service of process in such suit may be made upon Mendes and Mount, 750 Seventh Avenue, New York, New York 10019-6829. In any suit instxxxxxx xxxxxxx xx xxxx xxxx Xxxxxxxx, xxx Xxxxxxxer shall abide by the final decision of such court or of any appellate court in the event of any appeal. The above-named are authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of Company to give a written undertaking to the Company that they shall enter a general appearance upon the Reinsurer's behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Reinsurer hereon hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or the 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 Company or any beneficiary hereunder, arising out of this Contract, and hereby designates the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 2 contracts
Samples: Cna Surety Corp, Cna Surety Corp
SERVICE OF SUIT. (This Article applies only if to the Reinsurer signatory hereto who is domiciled outside the United States of America and/or or, should the Company be authorized to do business in the State of New York, that Reinsurer who is unauthorized in any state, territory, or district of the United States of America that has jurisdiction over the Company and New York as respects suits instituted in which a subject suit has been institutedNew York. This Article is not intended to conflict with or nor override the parties' parties obligation to arbitrate their disputes in accordance with the Arbitration Article.) In . It is agreed that in the event of the failure of any the Reinsurer hereon to pay any amount claimed to be due hereunder, such Reinsurerthe Reinsurer hereon, at the request of the Company, shall will submit to the jurisdiction of a court Court of competent jurisdiction within the United States and shall comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes or should be understood to constitute a waiver of the Reinsurer's ’s rights to commence an action in any court 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 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 Mendes and & Mount, 750 Seventh Avenue000 Xxxxxxx Xxxxxx, New YorkXxx Xxxx, New York 10019Xxx Xxxx 00000-6829. In 0000, and that in any suit instxxxxxx xxxxxxx xx xxxx xxxx Xxxxxxxxinstituted against one of them upon this Agreement, xxx Xxxxxxxer shall the Reinsurer will abide by the final decision of such court Court or of any appellate court Appellate Court in the event of any an appeal. The above-above named are authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Company to give a written undertaking to the Company that they shall will enter a general appearance upon the Reinsurer's ’s behalf in the event such a suit shall be is instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision thereforthereof, the Reinsurer hereon hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statuteStatute, or the 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 Company or any beneficiary hereunder, hereunder arising out of this ContractAgreement, and hereby designates designate the above-above named as the person to whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 2 contracts
Samples: Quota Share Treaty (Amerinst Insurance Group LTD), Value Plan Policies (Amerinst Insurance Group LTD)
SERVICE OF SUIT. (USA - NMA 1998) This Article applies only if the Reinsurer is to those Reinsurers signatory hereto who are domiciled outside the United States of America and/or or, should the Reassured be authorized to do business in the State of New York, those Reinsurers who are unauthorized in any state, territory, or district of the United States of America New York as respects suits instituted in New York. It is agreed 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 failure of any Reinsurer the Reinsurers hereon to pay any amount claimed to be due hereunder, such Reinsurerthe Reinsurers hereon, at the request of the CompanyReassured, shall will submit to the jurisdiction of a court Court of competent jurisdiction within the United States and shall comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes or should be understood to constitute a waiver of the Reinsurer's Reinsurers' rights to commence an action in any court 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 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 Mendes and & Mount, 750 Seventh AvenueXxxxxxx Xxxxxx, New YorkXxx Xxxx XX, New York 10019-6829. In 00000 - 0829, and that in any suit instxxxxxx xxxxxxx xx xxxx xxxx Xxxxxxxxinstituted against any one of them upon this Contract, xxx Xxxxxxxer shall Reinsurers will abide by the final decision of such court Court or of any appellate court Appellate Court in the event of any an appeal. The above-named are authorized and directed to accept service of process on behalf of the Reinsurer Reinsurers in any such suit and/or upon the request of Company the Reassured to give a written undertaking to the Company Reassured that they shall will enter a general appearance upon the Reinsurer's Reinsurers' behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Reinsurer Reinsurers hereon hereby designates designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statuteStatute, or the 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 Company Reassured or any beneficiary hereunder, hereunder arising out of this Contract, and hereby designates designate the above-named as the person to whom the said officer is authorized authorised to mail such process or a true copy thereof.
Appears in 2 contracts
Samples: Professional Liability Prior Agreement (Tenere Group Inc), Professional Liability Prior Agreement (Tenere Group Inc)
SERVICE OF SUIT. (NMA 1998) This Article applies only if the Reinsurer is to those Reinsurers signatory hereto who are domiciled outside the United States of America and/or or, should the Reassured be authorized to do business in the State of New York, those Reinsurers who are unauthorized in any state, territory, or district of the United States of America New York as respects suits instituted in New York. It is agreed 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 failure of any Reinsurer the Reinsurers hereon to pay any amount claimed to be due hereunder, such Reinsurerthe Reinsurers hereon, at the request of the CompanyReassured, shall will submit to the jurisdiction of a court Court of competent jurisdiction within the United States and shall comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes or should be understood to constitute a waiver of the Reinsurer's Reinsurers' rights to commence an action in any court 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 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 Mendes and Mount, 750 Seventh AvenueXxxxxxx Xxxxxx, New York, New York 10019Xxx Xxxx X.X. 00019-6829. In , and that in any suit instxxxxxx xxxxxxx xx xxxx xxxx Xxxxxxxxinstituted against any one of them upon this Contract, xxx Xxxxxxxer shall Reinsurers will abide by the final decision of such court Court or of any appellate court Appellate Court in the event of any appeal. The above-named are authorized and directed to accept service of process on behalf of the Reinsurer Reinsurers in any such suit and/or upon the request of Company the Reassured to give a written undertaking to the Company Reassured that they shall will enter a general appearance upon the Reinsurer's behalf Reinxxxxxx' xxhalf in the event such a suit shall be instituted. instituted Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Reinsurer Reinsurers hereon hereby designates designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or the 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 Company Reassured or any beneficiary hereunder, hereunder arising out of this ContractContract of Reinsurance, and hereby designates designate the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 2 contracts
Samples: Tenere Group Inc, Tenere Group Inc
SERVICE OF SUIT. (This Article only applies only if the Reinsurer is to Reinsurers domiciled outside of the United States of America and/or unauthorized in any state, territory, or district of the United States of America that has having 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 ArticleReinsured.) In It is agreed that in the event of the failure of any the Reinsurer hereon to pay any amount claimed to be due hereunder, such Reinsurerthe Reinsurer hereon, at the request of the CompanyReinsured, shall will submit to the jurisdiction of a court Court of competent jurisdiction within the United States and shall comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes or should be understood to constitute a waiver of the Reinsurer's rights to commence an action in any court 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 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 Mendes and & Mount, 750 Seventh Avenue, New York, New York 10019-6829. In , and that in any suit instxxxxxx xxxxxxx xx xxxx xxxx Xxxxxxxxsxxx xxxxxxxxxx, xxx Xxxxxxxer shall abide by the final Xxxxxxxxx xxxx xxxxx xx xxx xinal decision of such court Court or of any appellate court Appellate Court in the event of any an appeal. The above-named are authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of Company the Reinsured to give a written undertaking to the Company Reinsured that they shall will enter a general appearance upon the Reinsurer's behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefortherefore, the Reinsurer hereon hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or the 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 Company Reinsured or any beneficiary hereunder, hereunder arising out of this ContractContract of reinsurance, and hereby designates the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 2 contracts
Samples: Share Reinsurance Contract (Darwin Professional Underwriters Inc), Darwin Professional Underwriters 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.a) In the event of the failure fai lure of Maiden Re, All or Technology to perform any Reinsurer hereon to pay any amount claimed to be due of their respective obligations hereunder, such ReinsurerParty, at the request of the CompanyRetrocessionaire, shall submit to the jurisdiction of a court of competent jurisdiction within j urisdiction wi th in the United States. Nothing in this Atticle constitutes or should be understood to constitute a waiver of such Pa1ty's rights to commence an action in any court of competent jurisdiction in the State of New York or to remove an action to a Un ited States District Court for the Southern District New York. Such Party, once the appropriate court is selected, whether such court is the one originally chosen by the Retrocessionaire and accepted by such Party or is determined by removal, transfer, or otherwise, as provided fo r above, shall comply with all requirements necessary to give that said court jurisdictionjurisdiction and, in any suit instituted against such Pa1iy upon this Agreement, shall abide by the final decision of such cou1i 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 !0005, which is hereby authorized and directed to accept service of process on behalf of Maiden Re in any such suit. Unless All or Technology designates a different party in writing, service of process in such suit may be made upon Corporation Service Company, 00 Xxxxx Xxxxxx, Xxxxxx, XX 00000-0000 which is hereby authorized and directed to accept service of process on behalf of such Pa1iy in any such suit. (c) In the event of the fai lure of the Retrocessionaire to perfom1 its obligati ons hereunder, the Retrocessionaire, at the request of Maiden Re, AU or Techoology, shall submit to the juri sdiction of a court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the ReinsurerRetrocessionaire'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 Un ited States or of any state in the United States. Service The Retrocessionaire, once the appropriate court is selected, whether such court is the ooe origioally chosen by ooe of process the other Parties 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 cou11 jurisdiction and, in such suit may be made upon Mendes and Mount, 750 Seventh Avenue, New York, New York 10019-6829. In any suit instxxxxxx xxxxxxx xx xxxx xxxx Xxxxxxxxinstituted against the Retrocessionaire upon this Agreement, xxx Xxxxxxxer shall abide by the final decision of such court or of any appellate court in the event of any an appeal. The above-named are authorized and directed to accept (d) Unless the Retrocessionaire designates a different party in writing, service of process on behalf of the Reinsurer in any such suit and/or upon the request of Company to give a written undertaking to the Company that they shall enter a general appearance upon the Reinsurer's behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Reinsurer hereon hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or the successor or successors in office, as its true and lawful attorney upon whom may be served any lawful process in any actionmade upon CT Corporation System, suit or proceeding instituted by or on behalf of the Company or any beneficiary hereunder00 Xxxxxxx Xxxxxx, arising out of this Contract42''d Floor, and hereby designates the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.19 \ PH . IX3029.'000IS3 . fl 1926 v29
Appears in 2 contracts
Samples: Execution Version Master Collateral 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 failure of any Reinsurer hereon to pay any amount claimed to be due hereunder, such Reinsurer, at the request of the Company, shall submit to the jurisdiction of a court of competent jurisdiction within the United States and shall 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 Reinsurer'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 of any state in the United States. Service of process in such suit may be made upon Mendes and Mount, 750 Seventh Avenue, New York, New York 10019-6829. In any suit instxxxxxx institxxxx xxxxxxx xx xxxx xxxx XxxxxxxxXxxxxxxxx, xxx Xxxxxxxer Xxxxxxxxr shall abide by the final decision of such court or of any appellate court in the event of any appeal. The above-named are authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of Company to give a written undertaking to the Company that they shall enter a general appearance upon the Reinsurer's behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Reinsurer hereon hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or the 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 Company or any beneficiary hereunder, arising out of this ContractAgreement, and hereby designates the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 2 contracts
Samples: Quota Share Treaty (Cna Surety Corp), Cna Surety 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.a) In the event of the failure fai lure of any Reinsurer hereon Maiden Re to pay any amount claimed to be due perform its obligations hereunder, such ReinsurerMaiden Re, at the request of the CompanyRetrocessionaire, shall submit to the jurisdiction of a court of competent jurisdiction 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 and accepted by Maiden Re or is determined by removal, transfer, or otherwise, as provided for above, shall comply with all requirements necessary to give that said court jurisdictionjurisdiction and, in any 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 Maiden Re, shall submit to the j urisdiction 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 the ReinsurerRetrocessionaire'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 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 Mendes and Mount, 750 Seventh Avenue, New York, New York 10019-6829. In any suit instxxxxxx xxxxxxx xx xxxx xxxx Xxxxxxxxinstituted against the Retrocessionaire upon this Agreement, xxx Xxxxxxxer shall abide by the final decision of such court or of any appellate court in the event of any 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 Reinsurer Retrocessionaire in any such suit and/or upon the request of Company to give a written undertaking to the Company that they shall enter a general appearance upon the Reinsurer's behalf in the event such a suit shall be institutedsuit. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Reinsurer hereon hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or the 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 Company or any beneficiary hereunder, arising out of this Contract, and hereby designates the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.12.8
Appears in 2 contracts
Samples: Development Cover Agreement (Maiden Holdings, Ltd.), Adverse Development Cover Agreement
SERVICE OF SUIT. (This Article applies only if the Reinsurer is to those Reinsurers signatory hereto who are domiciled outside the United States of America and/or or, should the Reassured be authorized to do business in the State of New York, those Reinsurers who are unauthorized in any state, territory, or district of the United States of America New York as respects suits instituted in New York. It is agreed 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 failure of any Reinsurer the Reinsurers hereon to pay any amount claimed to be due hereunder, such Reinsurerthe Reinsurers hereon, at the request of the CompanyReassured, shall will submit to the jurisdiction of a court Court of competent jurisdiction within the United States and shall comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article Clause constitutes or should be understood to constitute a waiver of the Reinsurer's Reinsurers' rights to commence an action in any court 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 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 Mendes and & Mount, 750 Seventh Avenue, New York, New York 10019-6829. In , and that in any suit instxxxxxx ixxxxxxxxx xxxxxxx xxx xxx xx xxxx xxxx Xxxxxxxxxxxx contract, xxx Xxxxxxxer shall Reinsurers will abide by the final decision of such court Court or of any appellate court Appellate Court in the event of any an appeal. The above-named are authorized and directed to accept service of process on behalf of the Reinsurer Reinsurers in any such suit and/or upon the request of Company the Reassured to give a written undertaking to the Company Reassured that they shall will enter a general appearance upon the Reinsurer's Reinsurers' behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Reinsurer Reinsurers hereon hereby designates designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or the 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 Company Reassured or any beneficiary hereunder, hereunder arising out of this Contractcontract of reinsurance, and hereby designates designate the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.. NMA 1998
Appears in 2 contracts
Samples: Reinsurance Agreement (Darwin Professional Underwriters Inc), Darwin Professional Underwriters Inc
SERVICE OF SUIT. (This Article applies only if the Reinsurer is to those Reinsurers signatory hereto who are domiciled outside the United States of America and/or or, should the Reassured be authorized to do business in the State of New York, those Reinsurers who are unauthorized in any state, territory, or district of the United States of America New York as respects suits instituted in New York. It is agreed 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 failure of any the Reinsurer hereon to pay any amount claimed awarded by the arbitration tribunal referred to be due hereunderin the Arbitration Clause herein, such Reinsurerthe Reinsurers hereon, at the request of the CompanyReassured, shall will submit to the jurisdiction of a court of competent jurisdiction within the United States and shall comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes or should be understood to constitute a waiver of the Reinsurer's Reinsurers' 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 of any state in the United States. Service It is further agreed that service of process in such suit may be made upon Mendes and & Mount, 750 Seventh Avenue, New York, New York 10019-6829. In , and that in any suit instxxxxxx ixxxxxxxxx xxxxxxx xxx xxx xx xxxx xxxx Xxxxxxxxxxxx Contract, xxx Xxxxxxxer shall Reinsurers will abide by the final decision of such court or of any appellate court in the event of any an appeal. The above-named are authorized and directed to accept service of process on behalf of the Reinsurer Reinsurers in any such suit and/or upon the request of Company the Reassured to give a written undertaking to the Company Reassured that they shall will enter a general appearance upon the Reinsurer's Reinsurers' behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefortherefore, the Reinsurer Reinsurers hereon hereby designates designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or the 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 Company Reassured or any beneficiary hereunder, hereunder arising out of this ContractContract of reinsurance, and hereby designates designate the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 2 contracts
Samples: Loss Reinsurance Contract (Darwin Professional Underwriters Inc), Darwin Professional Underwriters Inc
SERVICE OF SUIT. (This Article article applies only if the Reinsurer is to unauthorized Reinsurers and to Reinsurers who are domiciled outside the United States of America and/or unauthorized in any state, territory, or district America.) This Service of the United States of America that has jurisdiction over the Company and in which a subject suit has been instituted. This Suit Article is will not intended be read to conflict with or override the parties' obligation obligations of the parties to arbitrate their disputes as provided for in accordance with 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 failure of any the Subscribing Reinsurer hereon to pay any amount claimed to be due hereunder, such honor an Arbitration award the Subscribing Reinsurer, at the request of the Company, shall will submit to the jurisdiction of a court Court of competent jurisdiction within the United States and shall comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes or should be understood to constitute a waiver of the Subscribing Reinsurer's rights ’s right to commence an action in any court 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 Court as permitted by the laws of the United States or of any state in the United States. The Subscribing Reinsurer, once the appropriate Court is selected, whether such court is the one originally chosen by the Company and accepted by the Subscribing 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 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 upon: Mendes and & Mount, 750 Seventh AvenueLLP, New York000 Xxxxxxx Xxxxxx, New York 10019Xxx Xxxx, XX 00000-6829. In any suit instxxxxxx xxxxxxx xx xxxx xxxx Xxxxxxxx, xxx Xxxxxxxer shall abide by the final decision of such court or of any appellate court in the event of any appeal. 0000.) The above-named are authorized and directed to accept service of process on behalf of the Subscribing Reinsurer in any such suit and/or upon the request of Company to give a written undertaking to the Company that they shall enter a general appearance upon the Reinsurer's behalf in the event such a suit shall be institutedsuit. Further, pursuant to any statute of any state, territory territory, or district of the United States which that makes provision therefortherefore, the Subscribing Reinsurer hereon hereby designates the Superintendent, Commissioner Commissioner, or Director of Insurance Insurance, or other officer specified for that purpose in the statute, or the successor or successors their successor(s) 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 Company or any beneficiary hereunder, hereunder arising out of this Contract, and hereby designates designate the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 2 contracts
Samples: Entire Agreement (Liberty Mutual Agency Corp), Interest and Liabilities Agreement (Liberty Mutual Agency 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 failure of any Reinsurer hereon to pay any amount claimed to be due hereunder, such Reinsurer, at the request of the Company, shall submit to the jurisdiction of a court of competent jurisdiction within the United States and shall 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 Reinsurer'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 of any state in the United States. Service of process in such suit may be made upon Mendes and Mount, 750 Seventh Avenue, New YorkXxx Xxxx, New York 10019Xxx Xxxx 00000-68290000. In any suit instxxxxxx xxxxxxx xx Xx xxx xxxx xxxx Xxxxxxxxxxxxxxuted against it upon this Contract, xxx Xxxxxxxer the Reinsurer shall abide by the final decision of such court or of any appellate court in the event of any appeal. The above-named are authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of Company to give a written undertaking to the Company that they shall enter a general appearance upon the Reinsurer's behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Reinsurer hereon hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or the 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 Company or any beneficiary hereunder, arising out of this Contract, and hereby designates the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
Samples: Cna Surety 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 failure of any the Reinsurer hereon to pay any amount claimed to be due hereunderhereunder following an arbitration decision, such or if court action is necessary to aid arbitration, the Reinsurer, at the request of the Company, shall will submit to the jurisdiction of a any court of competent jurisdiction within in the United States State and shall City of New York and will comply with all requirements necessary to give that such court jurisdiction. All matters arising hereunder shall be determined in accordance with the law and practice of such court. Nothing in this Article ARTICLE XX constitutes or should be understood to constitute a waiver of the Reinsurer'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 of any state in the United States. Service of process in such suit may be made upon Mendes Xxxx X. Xxxxxx P.C., 00 Xxxx 00xx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, XX 00000 (the "agent for service of process") and Mount, 750 Seventh Avenue, New York, New York 10019-6829. In in any suit instxxxxxx xxxxxxx xx xxxx xxxx Xxxxxxxxinstituted upon this Agreement, xxx Xxxxxxxer shall the Reinsurer will abide by the final decision of such court or of any appellate court in the event of any an appeal whose decision is no longer subject to appeal. The above-named are agent for service of process is authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon and the request of Company to give a written undertaking to the Company Reinsurer hereby agrees that they shall enter a general appearance upon the Reinsurer's behalf in the event any such a suit service shall be instituteddeemed good and sufficient service under the New York Civil Practice Laws and Rules. Further, pursuant to any statute of any state, territory or district of the United States of America which makes provision therefor, requires that the Reinsurer hereon appoint a person designated by such statute as its agent for service of process, Reinsurer hereby designates the Superintendent, Commissioner or Commissioner, Director of Insurance Insurance, or other officer specified for that purpose in the such statute, or the 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 Company or any beneficiary hereunder, hereunder arising out of this ContractAgreement, and hereby designates the above-named agent for service of process as the person firm to whom the said officer is authorized to mail such process or a true copy thereofthereof if such agent must be in the United States, otherwise such process shall be mailed to the Reinsurer at its address for notice under Article XXIII hereof.
Appears in 1 contract
Samples: Facultative Obligatory Retrocessional Agreement (Pxre 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 failure of any Reinsurer hereon to pay any amount claimed to be due hereunder, such Reinsurer, at the request of the Company, shall submit to the jurisdiction of a court of competent jurisdiction within the United States and shall 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 Reinsurer'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 of any state in the United States. Service of process in such suit may be made upon Mendes and Mount, 750 Seventh Avenue000 Xxxxxxx Xxxxxx, New YorkXxx Xxxx, New York 10019Xxx Xxxx 00000-68290000. In any suit instxxxxxx xxxxxxx xx xxxx xxxx Xxxxxxxxinstituted against it upon this Contract, xxx Xxxxxxxer the Reinsurer shall abide by the final decision of such court or of any appellate court in the event of any appeal. The above-named are authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of Company to give a written undertaking to the Company that they shall enter a general appearance upon the Reinsurer's behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Reinsurer hereon hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or the 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 Company or any beneficiary hereunder, arising out of this Contract, and hereby designates the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
Samples: Cna Surety 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 failure of any Reinsurer hereon to pay any amount claimed to be due hereunder, such Reinsurer, at the request of the Company, shall submit to the jurisdiction of a court of competent jurisdiction within the United States and shall 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 Reinsurer's ’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 of any state in the United States. Service of process in such suit may be made upon Mendes and Mount, 750 Seventh Avenue000 Xxxxxxx Xxxxxx, New YorkXxx Xxxx, New York 10019Xxx Xxxx 00000-68290000. In any suit instxxxxxx xxxxxxx xx xxxx xxxx XxxxxxxxSurety Quota Share Treaty Effective: January 1, xxx Xxxxxxxer 2011 Page 13 of 16 instituted against it upon this Reinsurance Agreement, the Reinsurer shall abide by the final decision of such court or of any appellate court in the event of any appeal. The above-named are authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of Company to give a written undertaking to the Company that they shall enter a general appearance upon the Reinsurer's ’s behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Reinsurer hereon hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or the 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 Company or any beneficiary hereunder, arising out of this ContractReinsurance Agreement, and hereby designates the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
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 failure of any Reinsurer hereon to pay any amount claimed to be due hereunder, such Reinsurer, at the request of the Company, shall submit to the jurisdiction of a court of competent jurisdiction within the United States and shall 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 Reinsurer'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 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 Mendes and Mount, 750 Seventh Avenue000 Xxxxxxx Xxxxxx, New YorkXxx Xxxx, New York 10019Xxx Xxxx 00000-68290000. In any suit instxxxxxx xxxxxxx xx xxxx xxxx Xxxxxxxxinstituted against it upon this Agreement, xxx Xxxxxxxer the Reinsurer shall abide by the final decision of such court or of any appellate court in the event of any appeal. The above-named are authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of Company to give a written undertaking to the Company that they shall enter a general appearance upon the Reinsurer's behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Reinsurer hereon hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or the 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 Company or any beneficiary hereunder, arising out of this ContractAgreement, and hereby designates the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
Samples: Entire Agreement (Cna Surety Corp)
SERVICE OF SUIT. (This Article only applies only if the Reinsurer is to reinsurers domiciled outside of the United States of America and/or unauthorized not approved, qualified, authorized or accredited in any state, territory, or district of the United States of America that has having 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 ArticleReinsured.) In It is agreed that in the event of the failure of any the Reinsurer hereon to pay any amount claimed to be due hereunder, such Reinsurerthe Reinsurer hereon, at the request of the CompanyReinsured, shall submit will submit, first, to arbitration as provided for above and, failing that, to the jurisdiction of a court of competent jurisdiction within the United States and shall comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes or should be understood to constitute a waiver of the Reinsurer's ’s rights to commence an action in arbitration or, if appropriate, any court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the Reinsurer’s rights to commence an action in arbitration or, if appropriate, 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 of any state in the United States. Service It is further agreed that service of process in such suit may be made upon Messrs. Mendes and Mount, 750 Seventh Avenue000 Xxxxxxx Xxxxxx, New YorkXxx Xxxx, New York 10019-6829. In Xxx Xxxx, 00000 (hereinafter, “agent for service of process”) and that in any suit instxxxxxx xxxxxxx xx xxxx xxxx Xxxxxxxxinstituted, xxx Xxxxxxxer shall the Reinsurer will abide by the final decision of such court or of any appellate court in the event of any an appeal. The above-named are firm is authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of Company the Reinsured to give a written undertaking to the Company Reinsured that they shall will enter a general appearance upon the Reinsurer's ’s behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefortherefore, the Reinsurer hereon hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or the his successor or successors in office, as its true and lawful attorney upon whom who may be served any lawful process in any action, suit or proceeding $5M xs $5M 2007 Agreement Wording January 31, 2007 instituted by or on behalf of the Company Reinsured or any beneficiary hereunder, hereunder arising out of this ContractAgreement, and hereby designates the above-named as the person to whom who the said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
Samples: Interests and Liabilities Agreement (Suncoast 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 failure of any Reinsurer hereon to pay any amount claimed to be due hereunder, such Reinsurer, at the request of the Company, shall submit to the jurisdiction of a court of competent jurisdiction within the United States and shall 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 Reinsurer'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 of any state in the United States. Service of process in such suit may be made upon Mendes and Mount, 750 Seventh Avenue, New York, New York 10019-6829. In any suit instxxxxxx institxxxx xxxxxxx xx xxxx xxxx Xxxxxxxx, xxx Xxxxxxxer Xxxxxxxxx shall abide by the final decision of such court or of any appellate court in the event of any appeal. The above-named are authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of Company to give a written undertaking to the Company that they shall enter a general appearance upon the Reinsurer's behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Reinsurer hereon hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or the 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 Company or any beneficiary hereunder, arising out of this Contract, and hereby designates the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
Samples: Cna Surety 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 failure of any Reinsurer the Retrocessionaire hereon to pay any amount claimed to be due hereunder, such Reinsurer, Retrocessionaire at the request of the CompanyRetrocedent/Reinsured, shall will submit to the jurisdiction of a court of competent jurisdiction within the United States and shall comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes or should be understood to constitute a waiver of the ReinsurerRetrocessionaire'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 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 Mendes and & Mount, 750 Seventh Avenue000 0xx Xxxxxx, New YorkXxx Xxxx, New York 10019Xxx Xxxx 00000-68290000 XXX or another party specifically designated in the applicable Interests and Liabilities Agreement attached hereto. In any suit instxxxxxx xxxxxxx xx xxxx xxxx Xxxxxxxxinstituted against it upon this Agreement, xxx Xxxxxxxer shall the Retrocessionaire will abide by the final decision of such court court, or of any appellate ap pellate court in the event of any appeal. The above-named are authorized and directed to accept service of process on behalf of the Reinsurer Retrocessionaire in any such suit and/or upon the request of Company Retrocedent/Reinsured to give a written undertaking to the Company Retrocedent/Reinsured that they shall will enter a general appearance upon the ReinsurerRetrocessionaire's behalf in the event such a suit shall will be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefortherefore, the Reinsurer Retrocessionaire hereon hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or the 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 Company Retrocedent/Reinsured or any beneficiary beneficiar y hereunder, arising out of this ContractAgreement, and hereby designates the above-named as the person to 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. (This Service of Suit 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 will not intended be read to conflict with or override the parties' obligation obligations of the parties to arbitrate their disputes as provided for in accordance with 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 failure of any Reinsurer hereon the Reinsurers to pay any amount claimed to be due hereunder, such Reinsurerthe Reinsurers, at the request of the Company, shall will submit to the jurisdiction of a court Court of competent jurisdiction within the United States and shall comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes or should be understood to constitute a waiver of the Reinsurer's Reinsurers' rights to commence an action in any court 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 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 Mendes and & Mount, 750 Seventh Avenue, New York, New York 10019-6829. In any suit instxxxxxx xxxxxxx xx xxxx xxxx Xxxxxxxx, xxx Xxxxxxxer shall abide by the final decision of such court or of any appellate court in the event of any appeal. The above-named are authorized and directed to accept service of process axx xxxxxxxxxx xxx xxxxxxxx xx xxxxxx xxxxxxx xx xrocess on behalf of the Reinsurer Reinsurers in any such suit and/or upon the request of Company to give a written undertaking to the Company that they shall enter a general appearance upon the Reinsurer's behalf in the event such a suit shall be institutedsuit. Further, pursuant to any statute of any state, territory or district of the United States which that makes provision therefor, the Reinsurer hereon Reinsurers hereby designates designate the Superintendent, Commissioner or Director of Insurance Insurance, or other officer specified for that purpose in the statute, or the 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 proceedings instituted by or on behalf of the Company or any beneficiary hereunder, hereunder arising out of this Contract, and hereby designates designate the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
Samples: Darwin Professional Underwriters Inc
SERVICE OF SUIT. (This Article applies is applicable only if to an unauthorized Reinsurer in the State of New York or to a Reinsurer who 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 institutedAmerica. This Article is not intended to conflict with or override the parties' obligation to arbitrate their disputes in accordance with the Arbitration ArticleARBITRATION ARTICLE of this Agreement.) In the event of the failure of any the Reinsurer hereon to pay any amount claimed to be due hereunder, such the Reinsurer, at the request of the Company, shall will submit to the jurisdiction of a court of competent jurisdiction within the United States of America, and shall will comply with all requirements necessary to give that such court jurisdiction, and all matters hereunder shall be determined in accordance with the law and practice of such court. Nothing in this Article clause constitutes or should be understood to constitute a waiver of the Reinsurer's rights to commence an action in any court 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 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 Messrs. Mendes and Mount, 750 Seventh Avenue, New York, New York 10019-6829. In any suit instxxxxxx xxxxxxx xx , and that in anx xxxx xxxx Xxxxxxxxxxxxxxxxxx, xxx Xxxxxxxer shall abide by Xxxxxxxxx xxxx xxxxx xx the final decision of such court the Court or of any appellate court Appellate Court in the event of any an appeal. The above-named are authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Company to give a written undertaking to the Company that they shall will enter a general appearance upon the Reinsurer's behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Reinsurer hereon hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or the 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 Company or any beneficiary hereunder, hereunder arising out of this ContractAgreement, and hereby designates the above-named as the person firm to whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
Samples: First and Second Underlying Excess of Loss Reinsurance Agreement (Cii Financial Inc)
SERVICE OF SUIT. (This Article article applies only if the Reinsurer is to unauthorized Reinsurers and to Reinsurers who are domiciled outside the United States of America and/or unauthorized in any state, territory, or district America.) This Service of the United States of America that has jurisdiction over the Company and in which a subject suit has been instituted. This Suit Article is will not intended be read to conflict with or override the parties' obligation obligations of the parties to arbitrate their disputes as provided for in accordance with 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 failure of any the Subscribing Reinsurer hereon to pay any amount claimed to be due hereunder, such honor an Arbitration award the Subscribing Reinsurer, at the request of the Company, shall will submit to the jurisdiction of a court Court of competent jurisdiction within the United States and shall comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes or should be understood to constitute a waiver of the Subscribing Reinsurer's rights ’s right to commence an action in any court 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 Court as permitted by the laws of the United States or of any state in the United States. The Subscribing Reinsurer, once the appropriate Court is selected, whether such court is the one originally chosen by the Company and accepted by the Subscribing 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 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. 2007 All Lines Casualty XOL Contract Service of process in such suit may be made upon upon: Mendes and & Mount, 750 Seventh AvenueLLP, New York000 Xxxxxxx Xxxxxx, New York 10019Xxx Xxxx, XX 00000-6829. In any suit instxxxxxx xxxxxxx xx xxxx xxxx Xxxxxxxx, xxx Xxxxxxxer shall abide by the final decision of such court or of any appellate court in the event of any appeal. 0000.) The above-named are authorized and directed to accept service of process on behalf of the Subscribing Reinsurer in any such suit and/or upon the request of Company to give a written undertaking to the Company that they shall enter a general appearance upon the Reinsurer's behalf in the event such a suit shall be institutedsuit. Further, pursuant to any statute of any state, territory territory, or district of the United States which that makes provision therefortherefore, the Subscribing Reinsurer hereon hereby designates the Superintendent, Commissioner Commissioner, or Director of Insurance Insurance, or other officer specified for that purpose in the statute, or the successor or successors their successor(s) 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 Company or any beneficiary hereunder, hereunder arising out of this Contract, and hereby designates designate the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
Samples: Interest and Liabilities Agreement (Liberty Mutual Agency Corp)
SERVICE OF SUIT. (This Article only applies only if the Reinsurer is to reinsurers domiciled outside of the United States of America and/or unauthorized in any state, territory, or district of the United States of America that has having jurisdiction over the Company and Company). It is agreed that 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 failure of any the Reinsurer hereon to pay any amount claimed to be due hereunder, such Reinsurerthe Reinsurer hereon, at the request of the Company, shall will submit to the jurisdiction of a court of competent jurisdiction within the United States and shall comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article clause constitutes or should be understood to constitute a waiver of the Reinsurer'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 of any state in the United States. Service It is further agreed that service of process in such suit may be made upon Mendes and & Mount, 750 Seventh Avenue, New York, New York 10019-6829. In any suit instxxxxxx xxxxxxx xx xxxx xxxx Xxxxxxxx, xxx Xxxxxxxer shall xxxx xx xxx xxxx xxxxxxxxxx xxxxxxx xxx Reinsurer upon this Contract, the Reinsurer will abide by the final decision of such court or of any appellate court in the event of any an appeal. The above-named are authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Company to give a written undertaking to the Company Company, that they shall will enter a general appearance upon the Reinsurer's behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Reinsurer hereon hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or the 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 Company or any beneficiary hereunder, hereunder arising out of this ContractContract of reinsurance, and hereby designates the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
Samples: Penn America 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 failure of any the Reinsurer hereon to pay any amount claimed to be due hereunderhereunder following an arbitration decision, such or if court action is necessary to aid arbitration, the Reinsurer, at the request of the Company, shall will submit to the jurisdiction of a any court of competent jurisdiction within in the United States State and shall City of New York and will comply with all requirements necessary to give that such court jurisdiction. All matters arising hereunder shall be determined in accordance with the law and practice of such court. Nothing in this Article ARTICLE 20 constitutes or should be understood to constitute a waiver of the Reinsurer'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 of any state in the United States. Service of process in such suit may be made upon Mendes and MountNancy Corbett esq., 750 Sidley Austin Brown & Wood, 787 Seventh Avenue, New YorkNxx Xxxx, New York 10019-6829. In any suit instxxxxxx xxxxxxx XX 00019 (txx "xxexx xxx xxxxxce xx xroxxxx") xxx xx xxx xxxx xxxxxxxxxx xxxx Xxxxxxxxthis Contract, xxx Xxxxxxxer shall the Reinsurer will abide by the final decision of such court or of any appellate court in the event of any an appeal whose decision is no longer subject to appeal. The above-named are agent for service of process is authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon and the request of Company to give a written undertaking to the Company Reinsurer hereby agrees that they shall enter a general appearance upon the Reinsurer's behalf in the event any such a suit service shall be instituteddeemed good and sufficient service under the New York Civil Practice Laws and Rules. Further, pursuant to any statute of any state, territory or district of the United States of America which makes provision therefor, requires that the Reinsurer hereon appoint a person designated by such statute as its agent for service of process, Reinsurer hereby designates the Superintendent, Commissioner or Commissioner, Director of Insurance Insurance, or other officer specified for that purpose in the such statute, or the 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 Company or any beneficiary hereunder, hereunder arising out of this Contract, and hereby designates the above-named agent for service of process as the person firm to whom the said officer is authorized to mail such process or a true copy thereofthereof if such agent must be in the United States, otherwise such process shall be mailed to the Reinsurer at its address for notice under Article 23 hereof.
Appears in 1 contract
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 failure of any Reinsurer hereon to pay any amount claimed to be due hereunder, such Reinsurer, at the request of the Company, shall submit to the jurisdiction of a court of competent jurisdiction within the United States and shall 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 Reinsurer'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 of any state in the United States. Service of process in such suit may be made upon Mendes and Mount, 750 Seventh Avenue, New York, New York 10019Nxx Xxxx 00000-68290000. In any suit instxxxxxx xxxxxxx xx Xx xxx xxxx xxxx Xxxxxxxxxxxxxxxxxx xxxxxxt it upon this Contract, xxx Xxxxxxxer the Reinsurer shall abide by the final decision of such court or of any appellate court in the event of any appeal. The above-named are authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of Company to give a written undertaking to the Company that they shall enter a general appearance upon the Reinsurer's behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Reinsurer hereon hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or the 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 Company or any beneficiary hereunder, arising out of this Contract, and hereby designates the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
SERVICE OF SUIT. (This Service of Suit 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 will not intended he read to conflict with or override the parties' obligation obligations of the parties to arbitrate their disputes as provided for in accordance with 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 failure of any Reinsurer hereon the Reinsurers to pay any amount claimed to be due hereunder, such Reinsurerthe Reinsurers, at the request of the Company, shall will submit to the jurisdiction of a court Court of competent jurisdiction within the United States and shall comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes or should be understood to constitute a waiver of the Reinsurer's Reinsurers' rights to commence an action in any court 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 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 Mendes and & Mount, 750 Seventh Avenue, New York, New York 10019-6829. In any suit instxxxxxx xxxxxxx The abxxx-xxxxx xxx xxxxxxxxxx xxx xxxxxxxx xx xxxx xxxx Xxxxxxxx, xxx Xxxxxxxer shall abide by the final decision of such court or of any appellate court in the event of any appeal. The above-named are authorized and directed to accept service xxxxxx xervice of process on behalf of the Reinsurer Reinsurers in any such suit and/or upon the request of Company to give a written undertaking to the Company that they shall enter a general appearance upon the Reinsurer's behalf in the event such a suit shall be institutedsuit. Further, pursuant to any statute of any state, territory or district of the United States which that makes provision therefor, the Reinsurer hereon Reinsurers hereby designates designate the Superintendent, Commissioner or Director of Insurance Insurance, or other officer specified for that purpose in the statute, or the 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 proceedings instituted by or on behalf of the Company or any beneficiary hereunder, hereunder arising out of this Contract, and hereby designates designate the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
Samples: Darwin Professional Underwriters Inc
SERVICE OF SUIT. (This Article applies only if to the Reinsurer signatory hereto who is domiciled outside the United States of America and/or or, should the Company be authorized to do business in the State of New York, that Reinsurer who is unauthorized in any state, territory, or district of the United States of America that has jurisdiction over the Company and New York as respects suits instituted in which a subject suit has been institutedNew York. This Article is not intended to conflict with or nor override the parties' parties obligation to arbitrate their disputes in accordance with the Arbitration Article.) In . It is agreed that in the event of the failure of any the Reinsurer hereon to pay any amount claimed to be due hereunder, such Reinsurerthe Reinsurer hereon, at the request of the Company, shall will submit to the jurisdiction of a court Court of competent jurisdiction within the United States and shall comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes or should be understood to constitute a waiver of the Reinsurer's rights to commence an action in any court 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 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 Mendes and & Mount, 750 Seventh Avenue000 Xxxxxxx Xxxxxx, New YorkXxx Xxxx, New York 10019Xxx Xxxx 00000-6829. In 0000, and that in any suit instxxxxxx xxxxxxx xx xxxx xxxx Xxxxxxxxinstituted against one of them upon this Agreement, xxx Xxxxxxxer shall the Reinsurer will abide by the final decision of such court Court or of any appellate court Appellate Court in the event of any an appeal. The above-above named are authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Company to give a written undertaking to the Company that they shall will enter a general appearance upon the Reinsurer's behalf in the event such a suit shall be is instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision thereforthereof, the Reinsurer hereon hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statuteStatute, or the 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 Company or any beneficiary hereunder, hereunder arising out of this ContractAgreement, and hereby designates designate the above-above named as the person to whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
Samples: Accountants Professional Liability Quota Share (Amerinst Insurance Group Inc)
SERVICE OF SUIT. (NMA 1998) This Article applies only if the Reinsurer is to those Reinsurers signatory hereto who are domiciled outside the United States of America and/or unauthorized or, should the Reassured be authorised to do business in any statethe State of New York, territory, or district of the United States of America those Reinsurers who are unauthorised in New York as respects suits instituted in New York. It is agreed 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 failure of any Reinsurer the Reinsurers hereon to pay any amount claimed to be due hereunder, such Reinsurerthe Reinsurers hereon, at the request of the CompanyReassured, shall will submit to the jurisdiction of a court Court of competent jurisdiction within the United States and shall comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes or should be understood to constitute a waiver of the Reinsurer's Reinsurers' rights to commence an action in any court 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 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 Mendes and Mount, 750 Seventh AvenueXxxxxxx Xxxxxx, New YorkXxx Xxxx, New York 10019X.X. 00000-6829. In 0000, xxd that in any suit instxxxxxx xxxxxxx xx xxxx xxxx Xxxxxxxxinstituted against any one of them upon this Contract, xxx Xxxxxxxer shall the Reinsurers will abide by the final decision of such court Court or of any appellate court Appellate Court in the event of any appeal. The above-named are authorized authorised and directed to accept service of process on behalf of the Reinsurer Reinsurers in any such suit and/or upon the request of Company the Reassured to give a written undertaking to the Company Reassured that they shall will enter a general appearance upon the Reinsurer's Reinsurers' behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefortherefore, the Reinsurer Reinsurers hereon hereby designates designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or the 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 Company Reassured or any beneficiary hereunder, hereunder arising out of this ContractContract of Reinsurance, and hereby designates designate the above-named as the person to whom the said officer is authorized authorised to mail such process or a true copy thereof.
Appears in 1 contract
Samples: Tenere Group Inc
SERVICE OF SUIT. (This Service of Suit 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 will not intended be read to conflict with or override the parties' obligation obligations of the parties to arbitrate their disputes as provided for in accordance with 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 failure of any Reinsurer hereon the Reinsurers to pay any amount claimed to be due hereunder, such Reinsurerthe Reinsurers, at the request of the Company, shall will submit to the jurisdiction of a court Court of competent jurisdiction within the United States and shall comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes or should be understood to constitute a waiver of the Reinsurer's Reinsurers' rights to commence an action in any court 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 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 Mendes and & Mount, 750 Seventh Avenue, New York, New York 10019-6829. In any suit instxxxxxx xxxxxxx xx xxxx xxxx Xxxxxxxx, xxx Xxxxxxxer shall abide by the final decision of such court or of any appellate court in the event of any appeal. The above-named are authorized and directed to accept service of process axx xxxxxxxxxx xxx xxxxxxxx xx xxxxxx xxxxxxx xx xrocess on behalf of the Reinsurer Reinsurers in any such suit and/or upon the request of Company to give a written undertaking to the Company that they shall enter a general appearance upon the Reinsurer's behalf in the event such a suit shall be institutedsuit. Further, pursuant to any statute of any state, territory or district of the United States which that makes provision therefortherefore, the Reinsurer hereon Reinsurers hereby designates designate the Superintendent, Commissioner or Director of Insurance Insurance, or other officer specified for that purpose in the statute, or the 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 proceedings instituted by or on behalf of the Company or any beneficiary hereunder, hereunder arising out of this Contract, and hereby designates designate the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
Samples: Loss Reinsurance Contract (Darwin Professional Underwriters 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 failure of any Reinsurer hereon to pay any amount claimed to be due hereunder, such Reinsurer, at the request of the Company, shall submit to the jurisdiction of a court of competent jurisdiction within the United States and shall 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 Reinsurer'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, Surety Excess of Loss (Dick Corporation) Effective: January 1, 2005 Page 11 of 15 (Revised - 5/10/05) 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 Mendes and Mount, 750 Seventh Avenue000 Xxxxxxx Xxxxxx, New YorkXxx Xxxx, New York 10019Xxx Xxxx 00000-68290000. In any suit instxxxxxx xxxxxxx xx xxxx xxxx Xxxxxxxxinstituted against it upon this Contract, xxx Xxxxxxxer the Reinsurer shall abide by the final decision of such court or of any appellate court in the event of any appeal. The above-named are authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of Company to give a written undertaking to the Company that they shall enter a general appearance upon the Reinsurer's behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Reinsurer hereon hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or the 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 Company or any beneficiary hereunder, arising out of this Contract, and hereby designates the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
Samples: Cna Surety 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 failure of any Reinsurer hereon to pay any amount claimed to be due hereunder, such Reinsurer, at the request of the Company, shall submit to the jurisdiction of a court of competent jurisdiction within the United States and shall 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 Reinsurer'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 of any state in the United States. Service of process in such suit may be made upon Mendes and Mount, 750 Seventh Avenue, New York, New York 10019-6829. In any suit instxxxxxx insxxxxxxx xxxxxxx xx xxxx xxxx XxxxxxxxXxxxxxxxx, xxx Xxxxxxxer Xxxxxurer shall abide by the final decision of such court or of any appellate court in the event of any appeal. The above-named are authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of Company to give a written undertaking to the Company that they shall enter a general appearance upon the Reinsurer's behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Reinsurer hereon hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or the 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 Company or any beneficiary hereunder, arising out of this ContractAgreement, and hereby designates the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
Samples: Entire Agreement (Cna Surety Corp)
SERVICE OF SUIT. (This Article applies only if the Reinsurer is to those Reinsurers signatory hereto who are domiciled outside the United States of America and/or or, should the Reassured be authorized to do business in the State of New York, those Reinsurers who are unauthorized in any state, territory, or district of the United States of America New York as respects suits instituted in New York. It is agreed 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 failure of any Reinsurer the Reinsurers hereon to pay any amount claimed to be due hereunder, such Reinsurerthe Reinsurers hereon, at the request of the CompanyReassured, shall will submit to the jurisdiction of a court Court of competent jurisdiction within the United States and shall comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article Clause constitutes or should be understood to constitute a waiver of the Reinsurer's Reinsurers' rights to commence an action in any court 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 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 Mendes and & Mount, 750 Seventh Avenue, New York, New York 10019-6829. In , and that in any suit instxxxxxx ixxxxxxxxx xxxxxxx xxx xxx xx xxxx xxxx Xxxxxxxxxxxx contract, xxx Xxxxxxxer shall Reinsurers will abide by the final decision of such court Court or of any appellate court Appellate Court in the event of any an appeal. The above-named are authorized and directed to accept service of process on behalf of the Reinsurer Reinsurers in any such suit and/or upon the request of Company the Reassured to give a written undertaking to the Company Reassured that they shall will enter a general appearance upon the Reinsurer's Reinsurers' behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefortherefore, the Reinsurer Reinsurers hereon hereby designates designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or the 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 Company Reassured or any beneficiary hereunder, hereunder arising out of this Contractcontract of reinsurance, and hereby designates designate the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
Samples: Darwin Professional Underwriters Inc
SERVICE OF SUIT. (This Article only applies only if the Reinsurer is to reinsurers domiciled outside of the United States of America and/or unauthorized not approved, qualified, authorized or accredited in any state, territory, or district of the United States of America that has having 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 ArticleReinsured.) In It is agreed that in the event of the failure of any the Reinsurer hereon to pay any amount claimed to be due hereunder, such Reinsurerthe Reinsurer hereon, at the request of the CompanyReinsured, shall submit will submit, first, to arbitration as provided for above and, failing that, to the jurisdiction of a court of competent jurisdiction within the United States and shall comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes or should be understood to constitute a waiver of the Reinsurer's ’s rights to commence an action in arbitration or, if appropriate, any court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the Reinsurer’s rights to commence an action in arbitration or, if appropriate, 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 of any state in the United States. Service It is further agreed that service of process in such suit may be made upon Messrs. Mendes and Mount, 750 Seventh Avenue000 Xxxxxxx Xxxxxx, New YorkXxx Xxxx, New York 10019-6829. In Xxx Xxxx, 00000 (hereinafter, “agent for service of process”) and that in any suit instxxxxxx xxxxxxx xx xxxx xxxx Xxxxxxxxinstituted, xxx Xxxxxxxer shall the Reinsurer will abide by the final decision of such court or of any appellate court in the event of any an appeal. The above-named are firm is authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of Company the Reinsured to give a written undertaking to the Company Reinsured that they shall will enter a general appearance upon the Reinsurer's ’s behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefortherefore, the Reinsurer hereon hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or the his successor or successors in office, as its true and lawful attorney upon whom who may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Company or any beneficiary hereunder$5M xs $5M 2007 Agreement Wording January 31, arising out of this Contract, and hereby designates the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.2007
Appears in 1 contract
Samples: Interests and Liabilities Agreement
SERVICE OF SUIT. (This Article applies only if the Reinsurer is to those Reinsurers signatory hereto who are domiciled outside the United States of America and/or or, should the Reassured be authorized to do business in the State of New York, those Reinsurers who are unauthorized in any state, territory, or district of the United States of America New York as respects suits instituted in New York. It is agreed 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 failure of any Reinsurer the Reinsurers hereon to pay any amount claimed to be due hereunder, such Reinsurerthe Reinsurers hereon, at the request of the CompanyReassured, shall will submit to the jurisdiction of a court Court of competent jurisdiction within the United States and shall comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article Clause constitutes or should be understood to constitute a waiver of the Reinsurer's Reinsurers' rights to commence an action in any court 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 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 Mendes and & Mount, 750 Seventh Avenue, New York, New York 10019-6829. In , and that in any suit instxxxxxx ixxxxxxxxx xxxxxxx xxx xxx xx xxxx xxxx Xxxxxxxxxxxx contract, xxx Xxxxxxxer shall Reinsurers will abide by the final decision of such court Court or of any appellate court Appellate Court in the event of any an appeal. The above-named are authorized and directed to accept service of process on behalf of the Reinsurer Reinsurers in any such suit and/or upon the request of Company the Reassured to give a written undertaking to the Company Reassured that they shall will enter a general appearance upon the Reinsurer's Reinsurers' behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Reinsurer Reinsurers hereon hereby designates designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or the 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 Company Reassured or any beneficiary hereunder, hereunder arising out of this Contractcontract of reinsurance, and hereby designates designate the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
Samples: Darwin Professional Underwriters Inc
SERVICE OF SUIT. (This Article article applies only if the Reinsurer is to other than authorized Reinsurers and to Reinsurers who are 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. America.) This Article is shall not intended be read to conflict with or override the parties' obligation obligations of the parties to arbitrate their disputes as provided for in accordance with 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 Agreement. In the event of the failure of any the Reinsurer hereon to pay any amount claimed to be due hereunder, such the Reinsurer, at the request of the Company, shall submit to the jurisdiction of a court Court of competent jurisdiction within the United States and shall comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes or should be understood to constitute a waiver of the Reinsurer's Reinsurers’ rights to commence an action in any court 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 Court as permitted by the laws of the United States or of any state in the United States. The Reinsurer, once the appropriate Court is selected, whether such court is the one originally chosen by the company and accepted by 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 any suit instituted against any of them upon this Agreement, shall 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 Mendes and & Mount, 750 Seventh AvenueLLP, New York000 Xxxxxxx Xxxxxx, New York 10019Xxx Xxxx, XX 00000-6829. In any suit instxxxxxx xxxxxxx xx xxxx xxxx Xxxxxxxx, xxx Xxxxxxxer shall abide by the final decision of such court or of any appellate court in the event of any appeal0000. The above-named are authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of Company to give a written undertaking to the Company that they shall enter a general appearance upon the Reinsurer's behalf in the event such a suit shall be institutedsuit. Further, pursuant to any statute of any state, territory or district of the United States which that makes provision therefortherefore, the Reinsurer hereon hereby designates designate the Superintendent, Commissioner or Director of Insurance Insurance, or other officer specified for that purpose in the statute, or the their 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 proceedings instituted by or on behalf of the Company or any beneficiary hereunder, hereunder arising out of this ContractAgreement, and hereby designates designate the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract