Contract
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21\F7V1136 Sixth Layer Reinstatement Premium Protection Reinsurance Contract Effective: July 1, 2021 FedNat Insurance Company Sunrise, Florida and Monarch National Insurance Company Sunrise, Florida and Maison Insurance Company Baton Rouge, Louisiana _______________________ Certain identified information has been omitted from this exhibit because it is not material and would be competitively harmful if publicly disclosed. Redactions are indicated by [***].
21\F7V1136 Table of Contents Article Page 1 Coverage 1 2 Commencement and Termination 1 3 Concurrency of Conditions 3 4 Premium 3 5 Sanctions 4 6 Loss Notices and Settlements 4 7 Late Payments 4 8 Offset 5 9 Severability of Interests and Obligations 6 10 Access to Records 6 11 Errors and Omissions (BRMA 14F) 6 12 Currency (BRMA 12A) 7 13 Taxes (BRMA 50B) 7 14 Federal Excise Tax (BRMA 17D) 7 15 Reserves 7 16 Insolvency 9 17 Arbitration 9 18 Service of Suit (BRMA 49C) 10 19 Severability (BRMA 72E) 11 20 Governing Law (BRMA 71B) 11 21 Confidentiality 11 22 Non-Waiver 12 23 Agency Agreement (BRMA 73A) 12 24 Notices and Contract Execution 12 25 Intermediary 13 Schedule A Schedule B
21\F7V1136 Table of Contents Article Page 1 Coverage 1 2 Commencement and Termination 1 3 Concurrency of Conditions 3 4 Premium 3 5 Sanctions 4 6 Loss Notices and Settlements 4 7 Late Payments 4 8 Offset 5 9 Severability of Interests and Obligations 6 10 Access to Records 6 11 Errors and Omissions (BRMA 14F) 6 12 Currency (BRMA 12A) 7 13 Taxes (BRMA 50B) 7 14 Federal Excise Tax (BRMA 17D) 7 15 Reserves 7 16 Insolvency 9 17 Arbitration 9 18 Service of Suit (BRMA 49C) 10 19 Severability (BRMA 72E) 11 20 Governing Law (BRMA 71B) 11 21 Confidentiality 11 22 Non-Waiver 12 23 Agency Agreement (BRMA 73A) 12 24 Notices and Contract Execution 12 25 Intermediary 13 Schedule A Schedule B
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21\F7V1136 Page 1 Sixth Layer Reinstatement Premium Protection Reinsurance Contract Effective: July 1, 2021 entered into by and between FedNat Insurance Company Sunrise, Florida and Monarch National Insurance Company Sunrise, Florida and Maison Insurance Company Baton Rouge, Louisiana (hereinafter referred to as the "Company") and The Subscribing Reinsurer(s) Executing the Interests and Liabilities Agreement(s) Attached Hereto (hereinafter referred to as the "Reinsurer") Article 1 - Coverage By this Contract the Reinsurer agrees to indemnify the Company for 100% of any reinstatement premium which the Company pays or becomes liable to pay as a result of loss occurrences covered under the provisions of the Company's Sixth Layer Excess Catastrophe Reinsurance Contract, effective July 1, 2021 (hereinafter referred to as the "Original Contract"), subject to the terms and conditions hereinafter set forth herein and in Schedules A and B attached to and forming part of this Contract. Article 2 - Commencement and Termination A. This Contract shall become effective at 12:01 a.m., Eastern Standard Time, July 1, 2021, with respect to reinstatement premium payable by the Company under the Original Contract as a result of losses arising out of loss occurrences commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Standard Time, July 1, 2022. B. Notwithstanding the provisions of paragraph A above, the Company may terminate a Subscribing Reinsurer's percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occur: 1. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at the inception of this Contract has been
21\F7V1136 Page 2 reduced by 20.0% or more of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or 2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during the term of this Contract has been reduced by 20.0% or more of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contract; or 3. The Subscribing Reinsurer's A.M. Best's Financial Strength Rating has been assigned or downgraded below A- and/or Standard & Poor's Financial Strength Rating has been assigned or downgraded below BBB+; or 4. The Subscribing Reinsurer has become, or has announced its intention to become, merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; or 6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 7. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent; or 8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; or 9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid; or 10. The Subscribing Reinsurer has failed to comply with the funding requirements set forth in the Reserves Article. C. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progress, the Reinsurer's liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract.
21\F7V1136 Page 2 reduced by 20.0% or more of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or 2. The Subscribing Reinsurer's policyholders' surplus (or its equivalent under the Subscribing Reinsurer's accounting system) at any time during the term of this Contract has been reduced by 20.0% or more of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer's most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contract; or 3. The Subscribing Reinsurer's A.M. Best's Financial Strength Rating has been assigned or downgraded below A- and/or Standard & Poor's Financial Strength Rating has been assigned or downgraded below BBB+; or 4. The Subscribing Reinsurer has become, or has announced its intention to become, merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer's operations previously; or 5. A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; or 6. The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or 7. The Subscribing Reinsurer has reinsured its entire liability under this Contract without the Company's prior written consent; or 8. The Subscribing Reinsurer has ceased assuming new or renewal property or casualty treaty reinsurance business; or 9. The Subscribing Reinsurer has hired an unaffiliated runoff claims manager that is compensated on a contingent basis or is otherwise provided with financial incentives based on the quantum of claims paid; or 10. The Subscribing Reinsurer has failed to comply with the funding requirements set forth in the Reserves Article. C. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progress, the Reinsurer's liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract.
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21\F7V1136 Page 13 B. The use of any of the following shall constitute a valid execution of this Contract or any amendments thereto: 1. Paper documents with an original ink signature; 2. Facsimile or electronic copies of paper documents showing an original ink signature; and/or 3. Electronic records with an electronic signature made via an electronic agent. For the purposes of this Contract, the terms "electronic record," "electronic signature" and "electronic agent" shall have the meanings set forth in the Electronic Signatures in Global and National Commerce Act of 2000 or any amendments thereto. C. This Contract may be executed in one or more counterparts, each of which, when duly executed, shall be deemed an original. Article 25 - Intermediary Aon Xxxxxxxx Inc., or one of its affiliated corporations duly licensed as a reinsurance intermediary, is hereby recognized as the Intermediary negotiating this Contract for all business hereunder. All communications (including but not limited to notices, statements, premiums, return premiums, commissions, taxes, losses, loss adjustment expense, salvages and loss settlements) relating to this Contract will be transmitted to the Company or the Reinsurer through the Intermediary. Payments by the Company to the Intermediary will be deemed payment to the Reinsurer. Payments by the Reinsurer to the Intermediary will be deemed payment to the Company only to the extent that such payments are actually received by the Company. In Witness Whereof, the Company by its duly authorized representatives has executed this Contract as of the dates specified below: This 21st day of September in the year 2021 . FedNat Insurance Company /s/ Xxxxxxx Xxxxx This 21st day of September in the year 2021 . Monarch National Insurance Company /s/ Xxxxxxx Xxxxx
21\F7V1136 Page 14 This 21st day of September in the year 2021 . Maison Insurance Company /s/ Xxxxxxx Xxxxx
21\F7V1136 Page 14 This 21st day of September in the year 2021 . Maison Insurance Company /s/ Xxxxxxx Xxxxx
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21\F7V1136 Schedule A Schedule A Sixth Layer Reinstatement Premium Protection Reinsurance Contract Effective: July 1, 2021 FedNat Insurance Company Sunrise, Florida and Monarch National Insurance Company Sunrise, Florida and Maison Insurance Company Baton Rouge, Louisiana Sixth Excess Company's Retention $328,000,000 Reinsurer's Per Occurrence Limit $60,000,000 Reinsurer's Term Limit $120,000,000 Minimum Premium [***] Annual Deposit Premium [***] Deposit Premium Installments [***]
21\F7V1136 Schedule B Schedule B Sixth Layer Reinstatement Premium Protection Reinsurance Contract Effective: July 1, 2021 FedNat Insurance Company Sunrise, Florida and Monarch National Insurance Company Sunrise, Florida and Maison Insurance Company Baton Rouge, Louisiana Sixth RPP Layer Reinstatement Factor [***] Annual Deposit Premium [***] Deposit Premium Installments [***]
21\F7V1136 Schedule B Schedule B Sixth Layer Reinstatement Premium Protection Reinsurance Contract Effective: July 1, 2021 FedNat Insurance Company Sunrise, Florida and Monarch National Insurance Company Sunrise, Florida and Maison Insurance Company Baton Rouge, Louisiana Sixth RPP Layer Reinstatement Factor [***] Annual Deposit Premium [***] Deposit Premium Installments [***]
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21\F7V1136 Schedule B The Interests and Liabilities Agreements, constituting 3 pages in total, have been omitted from this exhibit because such agreements are not material and would be competitively harmful if publicly disclosed.