EXHIBIT 10.81
APPOINTMENT OF ADMINISTRATOR
THIS AGREEMENT made this 7th day of October, _____, between Bankers Ins. Group
(the "AYO Company") and Insurance Management Solutions Group (the
"Administrator").
On _____________, _____, the AYO Company entered into an AYO Claims Agreement
(the "AYO Agreement") with the Florida Windstorm Underwriting Association
("FWUA") under which the AYO Company agreed to perform claims handling,
administrative and related services, as more particularly described in the AYO
Agreement (the "Services") on properties which are covered both by policies
issued by the FWUA and by policies issued by the AYO Company. A copy of the AYO
Agreement is attached hereto as Exhibit A. The AYO Company wishes to appoint
the Administrator to perform the Services.
NOW, THEREFORE, it is agreed as follows:
1. The AYO Company hereby appoints the Administrator to perform the
Services of the AYO Company described in the AYO Agreement and, by the
execution hereof, the Administrator hereby assumes and agrees to
perform all of the obligations and duties of the AYO Company under the
AYO Agreement.
2. Under the AYO Agreement, the FWUA is obligated to pay the AYO Company
compensation computed in accordance with Paragraph 5 thereof. From and
after the date of this Agreement, the following provision shall govern
such payment:
Check one:
[ ] All of such compensation shall continue to be paid to the AYO
Company.
[X] All of such compensation shall be paid to the Administrator.
The Administrator and the AYO Company are authorized to allocate such
compensation among themselves in such proportion as they shall
determine.
3. The FWUA has consented to the execution of this Agreement and the
performance by the Administrator of the Services; provided, however,
that the AYO Company shall at all times remain liable for the
performance of all duties and obligation imposed upon it under the AYO
Agreement and nothing herein shall be construed as releasing the AYO
Company from the performance of such duties and obligations. The
failure or refusal of the Administrator and the AYO Company, or either
of them, to perform any of the duties and obligations under the AYO
Agreement shall constitute a default thereunder, entitling the FWUA to
exercise any and all remedies available to it under the AYO Agreement
against the Administrator, the AYO Company, or either of them.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officers as of the date and year first above
written.
AYO COMPANY:
Bankers Insurance Group
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By: Xxxxxx X. Xxxxx
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Title: President
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ADMINISTRATOR:
Insurance Management Solutions
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By: Xxxxxx X. Xxxxxxx
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Title: V.P. Claims
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CONSENT
The FWUA hereby consents to the appointment of the Administrator in accordance
with the above provisions and the performance by the Administrator of the
Services. Florida Windstorm Underwriting Association.
By:
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Title:
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Date:
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