AMENDED AND RESTATED QUOTA SHARE RETROCESSION AGREEMENT BY AND BETWEEN PLATINUM UNDERWRITERS BERMUDA, LTD. and PLATINUM UNDERWRITERS REINSURANCE, INC.
Exhibit 10.1
AMENDED AND RESTATED
BY AND BETWEEN
PLATINUM UNDERWRITERS BERMUDA, LTD.
and
PLATINUM UNDERWRITERS REINSURANCE, INC.
This Amended and Restated Quota Share Retrocession Agreement (this “Agreement”), dated as of
January 1, 2006, is made by and between Platinum Underwriters Bermuda, Ltd., a Bermuda-domiciled
insurance company (the “Retrocessionaire”), and Platinum Underwriters Reinsurance, Inc. a
Maryland-domiciled insurance company (the “Retrocedant”).
WHEREAS, Retrocedant and Retrocessionaire entered into a Quota Share Retrocession Agreement,
dated as of January 1, 2004 (the “2004 Retrocession Agreement”);
WHEREAS, Retrocedant and Retrocessionaire amended the 2004 Retrocession Agreement pursuant to
Addendum No. 2 to the Quota Share Retrocession Agreement, dated as of April 1, 2005;
WHEREAS, Retrocedant and Retrocessionaire desire to amend the 2004 Retrocession Agreement, as
amended, and to restate their rights and obligations in this Agreement.
NOW THEREFORE, in consideration of the premises and of the mutual promises set forth herein,
Retrocedant and Retrocessionaire agree as follows:
ARTICLE 1 - BUSINESS COVERED
With respect to business classified by the Retrocedant as North American Property Catastrophe
Excess of Loss and International Property Catastrophe Excess of Loss (“Catastrophe Covers”), the
Retrocedant hereby obligates itself to retrocede to the Retrocessionaire and the Retrocessionaire
hereby obligates itself to accept a seventy percent (70%) quota share of the reinsurance and
retrocession contracts underwritten by Retrocedant on or after the Effective Date.
With respect to Reinsurance Contracts not classified as North American Property Catastrophe
Excess of Loss and International Property Catastrophe Excess of Loss (“Non Catastrophe Covers”),
the Retrocedant hereby obligates itself to retrocede to the Retrocessionaire and the
Retrocessionaire hereby obligates itself to accept a eighty percent (80%) quota share of the
reinsurance and retrocession contracts underwritten by Retrocedant on or after the Effective.
Catastrophe Covers and Non Catastrophe Covers may be collectively referred to herein as the
“Reinsurance Contracts.”
ARTICLE 2 - COMMENCEMENT AND TERMINATION
This Agreement shall take effect and shall apply to all Reinsurance Contracts that incept on
or after 12:01 a.m. New York time, January 1, 2006 (the “Effective Date”). It shall remain
continuously in force but may be terminated by either party giving at least ninety (90) days’
notice in writing to the other party.
Upon the expiration or termination of this Agreement, the Retrocessionaire shall remain liable
hereunder for it’s pro rata share of the Reinsurance Contracts until the expiration, cancellation
or termination of the Retrocedant’s liabilities under the Reinsurance Contracts.
ARTICLE 3 - ORIGINAL CONDITIONS
All retrocessions assumed under this Agreement shall be subject to the same rates, terms,
conditions, waivers and interpretations, and to the same modifications and alterations, as the
respective Reinsurance Contracts.
This Agreement is solely between the Retrocedant and the Retrocessionaire, and in no instance
shall any other party have any rights under this Agreement except as expressly provided otherwise
in the Insolvency Article.
ARTICLE 4 - PREMIUMS
With respect to Catastrophe Covers, the Retrocedant shall retrocede to the Retrocessionaire an
amount equal to seventy (70%) of Gross Net Premium due under the Reinsurance Contracts.
With respect to Non Catastrophe Covers, the Retrocedant shall retrocede to the
Retrocessionaire an amount equal to eighty percent (80%) of the Gross Net Premium due under the
Reinsurance Contracts.
The Retrocessionnaire shall pay a ceding commission equal to the sum of (i) one hundred
percent (100%) of the actual expenses incurred by Retrocedant in acquiring the respective
Reinsurance Contracts, including all commissions and brokerage, and (ii) five percent (5%) of the
Gross Net Premium due under the respective Reinsurance Contracts.
For purposes of this Agreement, the term “Gross Net Premium” is the amount equal to (i) the
Gross Premium ceded to Retrocedant under the respective Reinsurance Contracts less (ii) return
premium paid or payable by the Retrocedant under the respective Reinsurance Contracts, and (iii)
premiums paid or payable by the Retrocedant for inuring reinsurance as described in Article 7
hereof.
ARTICLE 5 - EXCLUSIONS
The following Exclusion Clauses are attached to and form part of this Agreement:
1. | Nuclear Incident Exclusion Clause – Liability – Reinsurance- U.S.A. (BRMA 35A). | ||
2. | Nuclear Incident Exclusion Clause – Liability – Reinsurance – Canada (BRMA 35D). | ||
3. | Pools, Associations, and Syndicates as per Pools, Associations, and syndicate Exclusion Clause. | ||
4. | War Risk Exclusion Clause. |
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5. | Insolvency Funds Exclusion Clause. | ||
6. | Any Excess of Loss Retrocession Agreement by and between Platinum Re (UK) Limited and Platinum Underwriters Reinsurance, Inc. | ||
7. | Reinsurance Contracts subject to certain Collateral Agreements, and which the Retrocedent has identified or will identify in Appendix 2 to this Agreement. |
ARTICLE 6 - TERRITORY
Coverage applies within the territorial limits of the Reinsurance Contracts covered hereunder.
ARTICLE 7 - INURING REINSURANCE
It is understood and agreed that when the Retrocedant warrants that it is in the best interest
of the Retrocedant and the Retrocessionaire, Retrocedant may purchase facultative reinsurance
and/or any other treaty reinsurance. The premium for said inuring reinsurance that inures to the
benefit of the Retrocessionaire will reduce the Gross Net Premium pursuant to Article 4 hereof.
Notwithstanding the above, facultative and treaty reinsurance listed in Appendix 1 hereto
shall not inure to the benefit of the Retrocessionnaire.
ARTICLE 8 - LOSS AND LOSS EXPENSE
With respect to Catastrophe Covers, Retrocessionaire shall be liable for seventy
percent (70%) of all loss, loss adjustment expenses and other payment obligations as incurred by
Retrocedant under such Reinsurance Contracts on and after the Effective Date net of all salvages
and recoveries under inuring reinsurance.
With respect to Non Catastrophe Covers, Retrocessionaire shall be liable for eighty percent
(80%) of all loss, loss adjustment expenses and other payment obligations as incurred by
Retrocedant under such Reinsurance Contracts on and after the Effective Date net of all salvages
and recoveries under inuring reinsurance.
Notwithstanding the aforementioned, the Retrocessionaire’s loss from any single Property
Catastrophe Occurrence shall be subject to a per occurrence limit equal to $180,000,000. The
parties agree that this limit is applied to the loss assumed, net of any inuring reinsurance.
For purposes of this Agreement, Property Catastrophe Occurrence shall mean each and every loss
or series of losses arising out of any one event. However, the duration and extent of any “loss
occurrence” so defined shall be limited to (i) 72 consecutive hours as regards a hurricane, a
typhoon, windstorm, rainstorm, hailstorm and/or tornado; (ii) 72 consecutive hours and within the
limits of one City, Town or Village as regards riots, civil commotions and malicious damage; or
(iii) 168 consecutive hours for any other catastrophe of whatsoever nature.
No individual loss from whatever insured peril, which occurs outside these periods or areas,
shall be included in that “loss occurrence”. The Retrocedant may choose the date and time when any
such period of consecutive hours commences and if any event is of greater duration than the above
periods, the Retrocedant may divide that event into two or more “loss occurrences”, provided no two
periods overlap and provided no period commences earlier than the date and time of the happening of
the first recorded individual loss to the Retrocedant in that event.
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ARTICLE 9 - EXTRA CONTRACTUAL OBLIGATIONS
This Agreement shall protect the Retrocedant and any original reinsured, within the limits
hereof, where the loss includes any Extra Contractual Obligations. The term “Extra Contractual
Obligations” is defined as those liabilities not covered under any other provision of this
Agreement and which arise from the handling of any claim on business covered hereunder, such
liabilities arising because of, but not limited to, the following: failure by any original
reinsured to settle within the policy limit, or by reason of alleged or actual negligence, fraud,
or bad faith in rejecting an offer of settlement or in the preparation of the defense or in the
trial of any action against its insured or reinsured or in the preparation or prosecution of an
appeal consequent upon such action.
The date on which any Extra Contractual Obligation is incurred by any original reinsured shall
be deemed, in all circumstances, to be the date of the original disaster and/or casualty.
However, this Article shall not apply where the loss has been incurred due (i) solely to the
acts, or failure to act, of the Retrocedant in handling its claims or (ii) to fraud by a member of
the Board of Directors or a corporate officer of any original reinsured acting individually or
collectively or in collusion with any individual or corporation or any other organization or party
involved in the presentation, defense or settlement of any claim covered hereunder.
ARTICLE 10 - EXCESS OF ORIGINAL POLICY LIMITS
This Agreement shall protect the Retrocedant and any original reinsured, within the limits
hereof, in connection with loss in excess of the limit of its original policy, such loss in excess
of the limit having been incurred because of failure of the original reinsured to settle within the
policy limit or by reason of alleged or actual negligence, fraud, or bad faith in rejecting an
offer of settlement or in the preparation of the defense or in the trial of any action against its
insured or reinsured or in the preparation or prosecution of an appeal consequent upon such action.
However, this Article shall not apply where the loss has been incurred due (i) solely to the
acts, or failure to act, of the Retrocedant in handling its claims or (ii) to fraud by a member of
the Board of Directors or a corporate officer of the original reinsured acting individually or
collectively or in collusion with any individual or corporation or any other organization or party
involved in the presentation, defense or settlement of any claim covered hereunder.
For the purpose of this Article, the word “loss” shall mean any amounts for which the original
reinsured or Retrocedant would have been contractually liable to pay had it not been for the limit
of the original policy.
ARTICLE 11 — ADMINISTRATION OF REINSURANCE CONTRACTS
SECTION 11.01 Administration. The parties agree that, as of the Effective Date,
Retrocedant shall have the sole authority to administer the Reinsurance Contracts in all respects,
which authority shall include, but not be limited to, authority to xxxx for and collect premiums,
adjust all claims and handle all disputes thereunder and to effect any and all amendments,
commutations and cancellations of the Reinsurance Contracts. Retrocedant shall not settle any
claims, waive any right, defense, setoff or counterclaim relating to the Reinsurance Contracts with
respect to amounts in excess of $5 million or make any ex gratia payments in each case without the
prior written consent of Retrocessionaire, which consent shall not be unreasonably withheld or
delayed.
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SECTION 11.02 Reporting and Regulatory Matters. Each party shall provide the
notices and filings required to be made by it to state regulatory authorities as a result of this
Agreement. Notwithstanding the foregoing, each party shall provide to the other party any
information in its possession regarding the Reinsurance Contracts as reasonably required by the
other party to make such filings and in a form as agreed to by the parties.
SECTION 11.03 Duty to Cooperate. Upon the terms and subject to the conditions and
other agreements set forth herein, each party agrees to use its commercially reasonable efforts to
take, or cause to be taken, all actions, and to do, or cause to be done, and to assist and
cooperate with the other party in doing, all things necessary or advisable to perform the
transactions contemplated by this Agreement.
ARTICLE 12 — FOLLOW THE FORTUNES
It is the intent of this Agreement that the Retrocessionaire shall in every case in which this
Agreement applies and in the proportions specified herein, “follow the fortunes” of the Retrocedant
in respect of risks the Retrocessionaire has accepted under this Agreement.
ARTICLE 13 — REPORTS AND REMITTANCES
Within thirty (30) days after the close of each month, the Retrocedant will furnish the
Retrocessionaire with a report summarizing the written premium ceded less return premium,
allowances, commission, premiums for inuring reinsurance, losses paid, loss adjustment expense
paid, monies recovered, and net balance due either party. In addition, the Retrocedant will
furnish the Retrocessionaire a monthly statement showing the unearned premium, the total reserves
for outstanding losses including loss adjustment expense, a breakdown for paid and outstanding
catastrophe losses and loss adjustment expenses, and such other information as may be required by
the Retrocessionaire for completion of its statutory financial statements and other filings.
The net balance will be paid within forty-five (45) days after the close of the respective
month. Any such amounts payable to the Retrocessionaire shall be paid into a trust account
established under Article 23 hereof, if such trust account has been established. Should payment
due from the Retrocessionaire exceed $5 million as respects any one loss, the Retrocedant may give
the Retrocessionaire notice of payment made or its intention to make payment on a certain date. If
the Retrocedant has paid the loss, payment will be made by the Retrocessionaire immediately. If
the Retrocedant intends to pay the loss by a certain date and has submitted a satisfactory proof of
loss or similar document, payment will be due from the Retrocessionaire twenty-four (24) hours
prior to the date, provided the Retrocessionaire has a period of seven (7) days after receipt of
said notice to dispatch the payment. Cash loss amounts specifically remitted by the
Retrocessionaire as set forth herein will be credited to its next monthly account.
ARTICLE 14 — CURRENCY
For purposes of this Agreement, where the Retrocedant receives premiums or pays losses in
currencies other than United States dollars, such premiums or losses shall be converted into United
States dollars at the actual rates of exchange at which these premiums or losses are entered in the
Retrocedant’s books.
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ARTICLE 15 — ACCESS TO RECORDS
The Retrocedant shall place at the disposal of the Retrocessionaire at all reasonable times,
and the Retrocessionaire shall have the right to inspect through its designated representatives,
during the term of this Agreement and thereafter, all books, records and papers of the Retrocedant
in connection with any reinsurance hereunder, or the subject matter hereof.
The Retrocessionaire, except with the express prior written consent of the Retrocedant, shall
not directly or indirectly, communicate, disclose or divulge to any third party, any knowledge or
information that may be acquired either directly or indirectly as a result of the inspection of the
Retrocedant’s books, records and papers. The restrictions as outlined in this Article shall not
apply to communication or disclosures that the Retrocessionaire is required to make to its
statutory auditors, retrocessionaires, legal counsel, arbitrators involved in any arbitration
procedures under this Agreement or disclosures required upon subpoena or other duly-issued order of
a court or other governmental agency or regulatory authority.
ARTICLE 16 — ARBITRATION
SECTION 16.01 As a condition precedent to any right of action under this Agreement, any
dispute or difference between the parties hereto relating to the formation, interpretation, or
performance of this Agreement, or any transaction under this Agreement, whether arising before or
after termination, shall be submitted for decision to a panel of three arbitrators (the
“Panel”) at the offices of Judicial Arbitration and Mediation Services, Inc. in accordance
with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation
Services, Inc.
SECTION 16.02 The party demanding arbitration shall do so by written notice to the responding
party. Retrocessionaire hereby appoints its Chief Operating Officer as its agent to receive any
arbitration demand hereunder and Retrocedant hereby appoints its General Counsel as its agent to
receive any arbitration demand hereunder. The arbitration demand shall state the issues to be
resolved and shall name the arbitrator appointed by the demanding party.
SECTION 16.03 Within thirty (30) days of receipt of the demand for arbitration, the responding
party shall notify the demanding party of any additional issues to be resolved in the arbitration
and the name of the responding party’s appointed arbitrator. If the responding party refuses or
neglects to appoint an arbitrator within thirty (30) days following receipt of the written
arbitration demand, then the demanding party may appoint the second arbitrator but only after
providing ten (10) days’ written notice of its intention to do so, and only if such other party has
failed to appoint the second arbitrator within such ten (10) day period.
SECTION 16.04 The two arbitrators shall, before instituting the hearing, select an impartial
arbitrator who shall act as the umpire and preside over the hearing. If the two arbitrators fail
to agree on the selection of a third arbitrator within thirty (30) days after notification of the
appointment of the second arbitrator, the selection of the umpire shall be made by the American
Arbitration Association. Upon resignation or death of any member of the Panel, a replacement will
be appointed in the same fashion as the resigning or deceased member was appointed. All
arbitrators shall be active or former officers of property/casualty insurance or reinsurance
companies, or Lloyd’s underwriters, and shall be disinterested in the outcome of the arbitration.
SECTION 16.05 Within thirty (30) days after notice of appointment of all arbitrators, the
Panel shall meet and determine timely periods for briefs, discovery procedures and schedules for
hearings. The Panel shall have the power to determine all procedural rules for the holding of
arbitration, including, but not limited to, the inspection of documents, examination of witnesses
and
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any other matter relating to the conduct of the arbitration. The Panel shall interpret this
Agreement as an honorable engagement and not as merely a legal obligation and shall make its
decision considering the custom and practice of the applicable insurance and reinsurance business.
The Panel shall be relieved of all judicial formalities and may abstain from following the strict
rules of law. The decision of any two arbitrators shall be binding and final. The Panel shall
render its decision in writing within sixty (60) days following the termination of the hearing.
Judgment upon the award may be entered in any court of competent jurisdiction.
SECTION 16.06 Each party shall bear the expense of its own arbitrator and shall share equally
with the other party the expense of the umpire and of the arbitration.
SECTION 16.07 Arbitration hereunder shall take place in New York, New York unless the parties
agree otherwise.
SECTION 16.08 The parties hereto hereby expressly (i) submit to the jurisdiction of the Panel,
(ii) agree to comply with all requirements necessary to give the Panel jurisdiction and (iii) agree
to abide by the final decision of the Panel.
SECTION 16.09 This Article 16 shall survive termination of this Agreement.
ARTICLE 17 — INSOLVENCY
In the event of the insolvency of the Retrocedant, this reinsurance shall be payable directly
to the Retrocedant, or to its liquidator, receiver, conservator or statutory successor on the basis
of reported claims allowed against the insolvent Retrocedant by any court in a liquidation
proceeding, without diminution because of the insolvency of the Retrocedant or because the
liquidator, receiver, conservator or statutory successor of the Retrocedant has failed to pay all
or a portion of any claim.
It is agreed, however, that the liquidator, receiver, conservator or statutory successor of
the Retrocedant shall give written notice to the Retrocessionaire of the pendency of a claim
against the Retrocedant indicating the Reinsurance Contract reinsured, which claim would involve a
possible liability on the part of the Retrocessionaire within a reasonable time after such claim is
filed in the conservation or liquidation proceeding or in the receivership, and that during the
pendency of such claim, the Retrocessionaire may investigate such claim and interpose, at its own
expense, in the proceeding where such claim is to be adjudicated any defense or defenses that it
may deem available to the Retrocedant or its liquidator, receiver, conservator or statutory
successor. The expense thus incurred by the Retrocessionaire shall be chargeable, subject to the
approval of the court, against the Retrocedant as part of the expense of conservation or
liquidation to the extent of a pro rata share of the benefit which may accrue to the Retrocedant
solely as a result of the defense undertaken by the Retrocessionaire.
As to all reinsurance made, ceded, renewed or otherwise becoming effective under this
Agreement, the reinsurance shall be payable as set forth above by the Retrocessionaire to the
Retrocedant or to its liquidator, receiver, conservator or statutory successor, except (1) where
the Reinsurance Contracts specifically provide another payee in the event of the insolvency of the
Retrocedant, or (2) where the Retrocessionaire with the consent of the insured or reinsureds, has
assumed such Reinsurance Contract obligations of the Retrocedant as direct obligations of the
Retrocessionaire to the payees under such Reinsurance Contracts and in substitution for the
obligations of the Retrocedant to such payees.
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ARTICLE 18 — OFFSET
The Retrocedant and the Retrocessionaire shall have the right to offset any balance or amounts
due from one party to the other under the terms of this Agreement. The party asserting the right
of offset may exercise such right at any time whether the balances due are on account of premiums,
losses or otherwise.
ARTICLE 19 — SALVAGE AND SUBROGATION
The Retrocessionaire will be credited with its share of salvage and/or subrogation in respect
of claims and settlements under this Agreement, less its share of recovery expense. Should the
Retrocedant refuse or neglect to enforce its right of salvage and/or subrogation, the
Retrocessionaire is hereby empowered and authorized to institute appropriate action in the name of
the Retrocedant.
ARTICLE 20 — FEDERAL EXCISE TAX
The Retrocessionaire will allow for the purpose of paying Federal Excise Tax a deduction, from
the premium payable to the Retrocessionaire hereunder, of an amount equal to the applicable
percentage of such premium representing the Federal Excise Tax (as imposed under Section 4371 of
the Internal Revenue Service Code) to the extent such premium is subject to such tax. In the event
of any return of premium, the Retrocessionaire will deduct the aforesaid percentage from the return
premium payable hereunder and the Retrocedant or its agent will recover such tax from the United
States Government. In all other instances, if the Retrocedant should recover any portion of a
Federal Excise Tax that was withheld from the premium paid to the Retrocessionaire, such recovered
amount shall be paid promptly to the Retrocessionaire.
ARTICLE 21 — SERVICE OF SUIT
In the event the Retrocessionaire fails to pay any amount claimed due hereunder, the
Retrocessionaire, at the request of the Retrocedant, will submit to the jurisdiction of a court of
competent jurisdiction within the United States and will comply with all requirements necessary to
give that court jurisdiction. Nothing in this Article constitutes, or should be understood to
constitute, a waiver of the Retrocessionarie’s right to commence an action in any court of
competent jurisdiction in the United States, to remove an action to the United States District
Court, or to seek a transfer of a case to another court as permitted by the laws of the United
States or of any state in the United States. Service of process in such suit may be made upon
Xxxxx Xxxxxxxxxx LLP, New York, New York. In any suit instituted against it upon this Agreement,
Retrocessionaire will abide by the final decision of such court or of any appellate court in the
event of an appeal.
The above named are authorized and directed to accept service of process on behalf of the
Retrocessionaire in any such suit and/or upon the request of the Retrocedant to give a written
undertaking to the Retrocedant that they will enter a general appearance upon the
Retrocessionaire’s behalf in the event such a suit is instituted.
Further, pursuant to any statute of any state, territory, or district of the Untied States
that makes provision therefor, the Retrocessionaire hereby designates the Superintendent,
Commissioner, or Director of Insurance or other officer specified for that purpose in the statute
(or his successor or successors in office) as its true and lawful attorney upon whom may be served
any lawful process in any action, suit, or proceeding instituted by or on behalf of the Retrocedant
or any beneficiary hereunder arising out of this Agreement, and hereby designates the above named
as the person to which the said officer is authorized to mail such process or a true copy thereof.
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ARTICLE 22 — ERRORS AND OMISSIONS
Any inadvertent delay, omission, error or failure made in connection with this Agreement shall
not relieve either party hereto from any liability which would attach hereunder if such delay,
omission, error or failure had not been made, provided such delay, omission, error or failure is
rectified as soon as reasonably practicable after discovery.
ARTICLE 23 — SECURITY
If Retrocessionaire is not licensed, or an accredited reinsurer in the State of Maryland,
Retrocessionaire shall establish and maintain a funds withheld account, trust fund or other form of
security for the benefit of Retrocedant as security for the obligations of Retrocessionaire under
this Agreement. The funds withheld account, trust fund or other form of security shall be in a
form reasonably satisfactory to Retrocedant and shall comply with the requirements under Maryland
Insurance Law applicable to trust funds, funds withheld accounts, or other forms of security
established for credit for reinsurance purposes.
ARTICLE 24 — MISCELLANEOUS PROVISIONS
SECTION 24.01 Severability. If any term or provision of this Agreement shall be held
void, illegal, or unenforceable, the validity of the remaining portions or provisions shall not be
affected thereby.
SECTION 24.02 Successors and Assigns. This Agreement may not be assigned by either
party without the prior written consent of the other. The provisions of this Agreement shall be
binding upon and inure to the benefit of and be enforceable by the parties hereto and their
respective successors and assigns as permitted herein.
SECTION 24.03 Execution in Counterparts. This Agreement may be executed by the
parties hereto in any number of counterparts and by each of the parties hereto in separate
counterparts, each of which counterparts, when so executed and delivered, shall be deemed to be an
original, but all such counterparts shall together constitute but one and the same instrument.
SECTION 24.04 Headings. Headings used herein are not a part of this Agreement and
shall not affect the terms hereof.
SECTION 24.05 Amendments; Entire Agreement. This Agreement may be amended only by
written agreement of the parties. This Agreement supersedes all prior discussions and written and
oral agreements and constitutes the sole and entire agreement between the parties with respect to
the subject matter hereof.
SECTION 24.06 Negotiated Agreement. This Agreement has been negotiated at
arm’s-length, and the fact that the initial and final drafts will have been prepared by either
party will not give rise to any presumption for or against any party to this Agreement or be used
in any respect or forum in the construction or interpretation of this Agreement or any of its
provisions.
SECTION 24.07 Governing Law. This Agreement shall be governed by the laws of the
State of New York without giving effect to any choice or conflict of laws provision or rule
(whether of the State of New York or any other jurisdiction) that would cause the application of
the laws of any jurisdiction other than the State of New York.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly
authorized representatives as of the date set forth below.
Platinum Underwriters Bermuda, Ltd. | ||||
By: | /s/ Xxxxxxxx Xxxxxxxx | |||
Name: Xxxxxxxx Xxxxxxxx | ||||
Title: Senior Vice President | ||||
Date: April 3, 2006 | ||||
Platinum Underwriters Reinsurance, Inc. | ||||
By : | /s/ Xxxxxx X. Xxxxxx | |||
Name: Xxxxxx X. Xxxxxx | ||||
Title: Senior Vice President | ||||
Date: April 6, 2006 |
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Appendix 1: List of facultative and treaty reinsurance that do not inure to the benefit of the Retrocessionnaire
Arrow Re Quota Share Agreement
Appendix 2: List of Reinsurance Contracts subject to Collateral Agreements
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Appendix 2
List of Reinsurance Contracts subject to Collateral Agreements
Contract | Effective | Expiration | ||||||||
Number | Date | Date | Treaty Title | Company Name | Premium | |||||
00003411000 |
00-Xxx-00 | 00-Xxx-00 | Xxxx. Xxxx 0xx XXX | XL Insurance (Bermuda) Ltd. | 2,082,329 | |||||
00200954900 |
01-Jan-06 | 31-Dec-06 | Aviation General QS | XL Re Ltd. | 899,986 | |||||
00200423700 |
01-Jan-06 | 31-Dec-06 | Gen Avn Occ XL | XL Reinsurance America Inc. | 350,000 | |||||
00200699600 |
01-Jan-06 | 31-Dec-06 | Gen Avn Risk XL | XL Reinsurance America Inc. | 300,000 | |||||
00004296700 |
01-Jan-06 | 31-Dec-06 | Risk Fac 3rd Excess | XL Reinsurance America Inc. | 200,000 | |||||
00004296800 |
01-Jan-06 | 31-Dec-06 | Risk Fac 4th Excess | XL Reinsurance America Inc. | 85,000 | |||||
00200407600 |
01-Jan-06 | 31-Dec-06 | Global Energy | Zurich Intern (Bermuda) Ltd | 9,000,000 |
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