Common use of SERVICE OF SUIT Clause in Contracts

SERVICE OF SUIT. (LM-01900-2008.07.17-A) (This article applies to unauthorized reinsurers and to reinsurers who are domiciled outside the United States of America.) A. This Service of Suit Article will not be read to conflict with or override the obligations of the parties to arbitrate their disputes as provided for in the Arbitration Article. This Article is intended as an aid to compelling arbitration or enforcing such arbitration or arbitral award, not as an alternative to the Arbitration Article for resolving disputes arising out of this Contract. B. In the event of the failure of the Subscribing Reinsurer to pay any amount claimed to be due hereunder, the Subscribing Reinsurer, at the request of the Company, will submit to the jurisdiction 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 Subscribing Reinsurer’s right 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. 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. C. Service of process in such suit may be made upon Mendes & Mount, LLP, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇. D. The above-named are authorized and directed to accept service of process on behalf of the Subscribing Reinsurer in any such suit. Further, pursuant to any statute of any state, territory, or district of the United States that makes provision therefore, the Subscribing Reinsurer hereby designates the Superintendent, Commissioner, or Director of Insurance, or other officer specified for that purpose in the statute, or their successor(s) in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceedings instituted by or on behalf of the Company or any beneficiary hereunder arising out of this Contract, and hereby 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 4 contracts

Sources: Novation and Amendment Agreement (Liberty Mutual Agency Corp), Novation and Amendment Agreement (Liberty Mutual Agency Corp), Workers’ Compensation Catastrophe Excess of Loss Reinsurance Contract (Liberty Mutual Agency Corp)

SERVICE OF SUIT. (LM-01900-2008.07.17-A) (This article applies to unauthorized reinsurers Reinsurers and to reinsurers Reinsurers who are domiciled outside the United States of America.) A. ) This Service of Suit Article will not be read to conflict with or override the obligations of the parties to arbitrate their disputes as provided for in the Arbitration Article. This Article is intended as an aid to compelling arbitration or enforcing such arbitration or arbitral award, not as an alternative to the Arbitration Article for resolving disputes arising out of this Contract. B. . In the event of the failure of the Subscribing Reinsurer to pay any amount claimed to be due hereunder, honor an Arbitration award the Subscribing Reinsurer, at the request of the Company, will submit to the jurisdiction 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 Subscribing Reinsurer’s right 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. 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. C. . Service of process in such suit may be made upon upon: Mendes & Mount, LLP, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇. D. ) The above-named are authorized and directed to accept service of process on behalf of the Subscribing Reinsurer in any such suit. Further, pursuant to any statute of any state, territory, or district of the United States that makes provision therefore, the Subscribing Reinsurer hereby designates the Superintendent, Commissioner, or Director of Insurance, or other officer specified for that purpose in the statute, or their successor(s) in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceedings instituted by or on behalf of the Company or any beneficiary hereunder arising out of this Contract, and hereby 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 3 contracts

Sources: Workers’ Compensation Clash Excess of Loss Reinsurance Contract (Liberty Mutual Agency Corp), Reinsurance Contract (Liberty Mutual Agency Corp), Workers’ Compensation Clash Excess of Loss Reinsurance Contract (Liberty Mutual Agency Corp)

SERVICE OF SUIT. (LM-01900-2008.07.172009.09.29-A) (This article Article applies to any unauthorized reinsurers Subscribing Reinsurer and to reinsurers any Subscribing Reinsurer who are is domiciled outside the United States of America.) A. This Service of Suit Article will not be read to conflict with or override the obligations of the parties to arbitrate their disputes as provided for in the Arbitration Article. This Article is intended as an aid to compelling arbitration or enforcing such arbitration or arbitral award, not as an alternative to the Arbitration Article for resolving disputes arising out of this Contract. B. In the event of the failure of the Subscribing Reinsurer to pay any amount claimed to be due hereunder, the Subscribing Reinsurer, at the request of the Company, will submit to the jurisdiction 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 Subscribing Reinsurer’s right 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. 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 it upon this Contract, will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. C. Service of process in such suit may be made upon upon: Mendes & Mount, LLP, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇. D. The above-named are authorized and directed to accept service of process on behalf of the Subscribing Reinsurer in any such suit. Further, pursuant to any statute of any state, territory, or district of the United States that makes provision therefore, the Subscribing Reinsurer hereby designates the Superintendent, Commissioner, or Director of Insurance, or other officer specified for that purpose in the statute, or their successor(s) in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceedings instituted by or on behalf of the Company or any beneficiary hereunder arising out of this Contract, and hereby designate the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.. Effective: January 1, 2010 Page 19 of 37 2010 Agency Markets Workers’ Compensation Catastrophe Reinsurance Contract No. 2010300

Appears in 2 contracts

Sources: Workers’ Compensation Catastrophe Excess of Loss Reinsurance Contract (Liberty Mutual Agency Corp), Workers’ Compensation Catastrophe Excess of Loss Reinsurance Contract (Liberty Mutual Agency Corp)

SERVICE OF SUIT. (LM-01900-2008.07.172005.08.24-A) (This article Article applies to unauthorized reinsurers Reinsurers and to reinsurers Reinsurers who are domiciled outside the United States of America.) A. This Service of Suit Article will not be read to conflict with or override the obligations of the parties to arbitrate their disputes as provided for in the Arbitration Article. This Article is intended as an aid to compelling arbitration or enforcing such arbitration or arbitral award, not as an alternative to the Arbitration Article for resolving disputes arising out of this Contract. B. In the event of the failure of the Subscribing Reinsurer to pay any amount claimed to be due hereunder, the Subscribing Reinsurer, at the request of the Company, will submit to the jurisdiction 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 Subscribing Reinsurer’s right 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. 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. C. Service of process in such suit may be made upon Mendes & Mount, LLP, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇. D. The above-named are authorized and directed to accept service of process on behalf of the Subscribing Reinsurer in any such suit. Further, pursuant to any statute of any state, territory, or district of the United States that makes provision therefore, the Subscribing Reinsurer hereby designates the Superintendent, Commissioner, or Director of Insurance, or other officer specified for that purpose in the statute, or their successor(s) in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceedings instituted by or on behalf of the Company or any beneficiary hereunder arising out of this Contract, and hereby designate the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.. Effective: January 1, 2010 Page 15 of 30 Workers’ Compensation Catastrophe Excess of Loss Reinsurance Addendum 2 No. 0100300-SUM08

Appears in 2 contracts

Sources: Novation and Amendment Agreement (Liberty Mutual Agency Corp), Novation and Amendment Agreement (Liberty Mutual Agency Corp)

SERVICE OF SUIT. (LM-01900-2008.07.172005.08.24-A) (This article applies to unauthorized reinsurers Reinsurers and to reinsurers Reinsurers who are domiciled outside the United States of America.) A. This Service of Suit Article will not be read to conflict with or override the obligations of the parties to arbitrate their disputes as provided for in the Arbitration Article. This Article is intended as an aid to compelling arbitration or enforcing such arbitration or arbitral award, not as an alternative to the Arbitration Article for resolving disputes arising out of this Contract. B. In the event of the failure of the Subscribing Reinsurer to pay any amount claimed to be due hereunder, the Subscribing Reinsurer, at the request of the Company, will submit to the jurisdiction 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 Subscribing Reinsurer’s right 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. 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. C. Service of process in such suit may be made upon upon; Mendes & Mount, LLP, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇.) D. The above-named are authorized and directed to accept service of process on behalf of the Subscribing Reinsurer in any such suit. Further, pursuant to any statute of any state, territory, or district of the United States that makes provision therefore, the Subscribing Reinsurer hereby designates the Superintendent, Commissioner, or Director of Insurance, or other officer specified for that purpose in the statute, or their successor(s) in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceedings instituted by or on behalf of the Company or any beneficiary hereunder arising out of this Contract, and hereby 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

Sources: Novation and Amendment Agreement (Liberty Mutual Agency Corp), Novation and Amendment Agreement (Liberty Mutual Agency Corp)

SERVICE OF SUIT. (LM-01900-2008.07.17-A) (This article applies to unauthorized reinsurers and to reinsurers who are domiciled outside the United States of America.) A. This Service of Suit Article will not be read to conflict with or override the obligations of the parties to arbitrate their disputes as provided for in the Arbitration Article. This Article is intended as an aid to compelling arbitration or enforcing such arbitration or arbitral award, not as an alternative to the Arbitration Article for resolving disputes arising out of this Contract. B. In the event of the failure of the Subscribing Reinsurer to pay any amount claimed to be due hereunder, the Subscribing Reinsurer, at the request of the Company, will submit to the jurisdiction 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 Subscribing Reinsurer’s right 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. 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 Catastrophe Excess of Loss Reinsurance Addendum 4 No. 0100300-SUM09 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. C. Service of process in such suit may be made upon Mendes & Mount, LLP, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇. D. The above-named are authorized and directed to accept service of process on behalf of the Subscribing Reinsurer in any such suit. Further, pursuant to any statute of any state, territory, or district of the United States that makes provision therefore, the Subscribing Reinsurer hereby designates the Superintendent, Commissioner, or Director of Insurance, or other officer specified for that purpose in the statute, or their successor(s) in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceedings instituted by or on behalf of the Company or any beneficiary hereunder arising out of this Contract, and hereby 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

Sources: Novation and Amendment Agreement (Liberty Mutual Agency Corp), Novation and Amendment Agreement (Liberty Mutual Agency Corp)

SERVICE OF SUIT. (LM-01900-2008.07.17-A) (A. This article Article applies only to unauthorized those reinsurers and to reinsurers who are not domiciled outside in the United States of America.) A. This Service of Suit Article will , and/or not be read to conflict with or override the obligations authorized in any state, territory and/or district of the parties to arbitrate their disputes as provided for in the Arbitration Article. This Article United States of America where authorization 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 Contractrequired by insurance regulatory authorities. B. In the event of the failure of the Subscribing a Reinsurer to pay any amount claimed to be due hereunderunder this Contract, the Subscribing Reinsurer, at the request of the Company, will shall submit to the jurisdiction of a Court any court of competent jurisdiction within the United StatesStates of America and shall comply with all requirements necessary to give such court jurisdiction; and all matters arising hereunder shall be determined in accordance with the law and practice of such court. Nothing in this Article clause constitutes or should be understood to constitute a waiver of the Subscribing Reinsurer’s right 's rights to commence an action in any Court court of competent jurisdiction in the United StatesStates of America, 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 of America or of any state in the United StatesStates of America. The Subscribing ReinsurerEffective: January 1, once the appropriate Court is selected▇▇▇▇ ▇▇▇: May 6, 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.2003 8958-00-0016-00 ▇▇▇ ▇▇▇▇▇▇▇▇▇ C. Service of process in such suit may be made upon Messrs. Mendes & and Mount, LLP, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇-▇▇▇▇. D. ▇ (hereinafter, "agent for service of process"), and in any suit instituted against the Reinsurer upon this Contract, the Reinsurer shall abide by the final decision of such court or of any appellate court in the event of an appeal. The above-above named are authorized and directed to accept service of process on behalf of the Subscribing Reinsurer in any such suitsuit and/or upon the request of the Company to give a written undertaking to the Company that the agent for service of process shall enter a general appearance on behalf of the Reinsurer in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory, territory or district of the United States of America that makes provision thereforetherefor, the Subscribing Reinsurer hereby designates the Superintendent, Commissioner, Commissioner or Director of Insurance, Insurance or other officer specified for that purpose in the statute, or their successor(s) his successor or successors in office, as their its true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceedings proceeding instituted by or on behalf of the Company or any beneficiary hereunder arising out of this Contract, Contract and hereby designate 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 thereof.

Appears in 1 contract

Sources: Quota Share Reinsurance Contract (Direct General Corp)

SERVICE OF SUIT. (LM-01900-2008.07.17-A) (This article Article applies only to unauthorized reinsurers and to reinsurers who are those Reinsurers not domiciled outside in the United States of America, and/or not authorized in any state, territory, and/or district of the United States of America where authorization is required by insurance regulatory authorities.) A. ) This Service of Suit Article will shall not be read to conflict with or override the obligations of the parties to arbitrate their disputes as provided for in the Arbitration Article. This Article is intended as an aid to compelling arbitration or enforcing such arbitration or arbitral award, not as an alternative to the Arbitration Article for resolving disputes arising out of this Contract. B. . In the event of the failure of the Subscribing Reinsurer to pay any amount claimed to be due hereunderperform their obligations under this Contract, the Subscribing Reinsurer, at the request of the Company, will shall submit to the jurisdiction of a Court court of competent jurisdiction within the United StatesStates of America. Nothing in this Article constitutes or should be understood to constitute a waiver of the Subscribing Reinsurer’s right rights to commence an action in any Court court of competent jurisdiction in the United StatesStates of America, 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 of America or of any state in the United StatesStates of America. The Subscribing Reinsurer, once the appropriate Court 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 shall comply with all requirements necessary to give said Court court jurisdiction and, in any suit instituted against any of them the Reinsurer upon this Contract, will shall abide by the final decision of such Court court or of any Appellate Court appellate court in the event of an appeal. C. . Service of process in such suit may be made upon Mendes & and Mount, LLP, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇-▇▇▇▇. D. . The above-named are authorized and directed to accept service of process on behalf of the Subscribing Reinsurer in any such suit. Further, pursuant to any statute of any state, territory, territory or district of the United States of America that makes provision thereforetherefor, the Subscribing Reinsurer hereby designates the Superintendent, Commissioner, Commissioner or Director of Insurance, or other officer specified for that purpose in the statute, or their successor(s) the successor or successors in office, as their its true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceedings proceeding instituted by or on behalf of the Company or any beneficiary hereunder hereunder, arising out of this Contract, and hereby designate designates 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

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

SERVICE OF SUIT. (LM-01900-2008.07.17-AWSOS4) (This article applies to unauthorized reinsurers and to reinsurers who are Article is applicable if the subscribing reinsurer is not domiciled outside in the United States of America.) A. America and/or is not authorized in any State, Territory or District of the United States where Effective: 1/1/06 Page 15 of 27 Pages P06-0108 DLR: 5/22/2006 2:24 PM RP P06-0108 authorization is required by insurance regulatory authorities. This Service of Suit Article will is not be read intended to conflict with or override the obligations obligation 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 ContractARBITRATION ARTICLE.) B. A. In the event of the failure of the Subscribing Reinsurer subscribing reinsurer to pay any amount claimed to be due hereunder, the Subscribing Reinsurersubscribing reinsurer, at the request of the Company, will shall submit to the jurisdiction of a Court court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the Subscribing Reinsurer’s right subscribing 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 in the United States. The Subscribing Reinsurersubscribing reinsurer, once the appropriate Court court is selected, whether such court is the one originally chosen by the Company and accepted by the Subscribing Reinsurer subscribing reinsurer or is determined by removal, transfer, or otherwise, as provided for above, will shall comply with all requirements necessary to give said Court court jurisdiction and, in any suit instituted against any of them it upon this Contract, will shall abide by the final decision of such Court court or of any Appellate Court appellate court in the event of an appeal. C. B. Service of process in such suit may be made upon the agent for the service of process ("agent") named below, depending on the jurisdiction where the Company chooses to bring suit: 1. If the suit is brought in the State of California, the law firm of Mendes & and Mount, LLP▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, 19th Floor, Los Angeles, California 90017 shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; 2. If the suit is brought in the State of New York, the law firm of Mendes and Mount, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇-▇▇▇▇. D. The above-named are ▇ shall be authorized and directed to accept service of process on behalf of the Subscribing Reinsurer subscribing reinsurer in any such suit; 3. FurtherIf the suit is brought in any state other than California or New York, pursuant to any statute of any state, territory, or district either of the United States that makes provision therefore, the Subscribing Reinsurer hereby designates the Superintendent, Commissioner, agents described in subparagraphs 1 or Director 2 above shall be authorized and directed to accept service of Insurance, or other officer specified for that purpose in the statute, or their successor(s) in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceedings instituted by or on behalf of the Company subscribing reinsurer in any such suit; or 4. If the subscribing reinsurer has designated an agent in the subscribing reinsurer's Interests and Liabilities Agreement attached hereto, then that agent shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any suit. However, if an agent is designated in the subscribing reinsurer's Interests and Liabilities Agreement and the agent is not located in California as respects a suit brought in California or any beneficiary hereunder arising out New York as respects a suit brought in New York, in keeping with the laws of the states of California and New York which require that service be made on an agent located in the respective state if a suit is brought in that state, the applicable office of Mendes and Mount stipulated in subparagraphs 1 and 2 above must be used for service of suit unless the provisions of paragraph C of this Contract, and hereby designate the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereofArticle apply.

Appears in 1 contract

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

SERVICE OF SUIT. (LM-01900-2008.07.17-A) (A. This article Article applies only to unauthorized reinsurers and to reinsurers who are a Reinsurer not domiciled outside in the United States of America, and/or not authorized in any state, territory and/or district of the United States of America where authorization is required by insurance regulatory authorities.) A. B. This Service of Suit Article will shall not be read to conflict with or override the obligations of the parties to arbitrate their disputes as provided for in the Arbitration Article. This Article is intended as an aid to compelling arbitration or enforcing such arbitration or arbitral award, not as an alternative to the Arbitration Article for resolving disputes arising out of this ContractAgreement. B. C. In the event of the failure of the Subscribing Reinsurer to pay any amount claimed to be due hereunder, the Subscribing Reinsurer, at the request of the Company, will shall submit to the jurisdiction of a Court court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the Subscribing Reinsurer’s right 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 Subscribing Reinsurer, once the appropriate Court 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 shall comply with all requirements necessary to give said Court court jurisdiction and, in any suit instituted against any of them the Reinsurer upon this ContractAgreement, will shall abide by the final decision of such Court court or of any Appellate Court appellate court in the event of an appeal. C. D. Service of process in such suit may be made upon Mendes ▇▇▇▇▇ & Mount, ▇▇▇▇▇ LLP, ▇▇▇ ▇▇. ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇Chicago, ▇▇ ▇▇▇▇▇-▇▇▇▇. D. The above-named Illinois 60606, who are authorized and directed to accept service of process on behalf of the Subscribing Reinsurer in any such suit. . E. Further, pursuant to any statute of any state, territory, territory or district of the United States that makes provision therefore, the Subscribing Reinsurer hereby designates the Superintendent, Commissioner, Commissioner or Director of Insurance, or other officer specified for that purpose in the statute, or their successor(s) his successor or successors in office, as their its true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceedings proceeding instituted by or on behalf of the Company or any beneficiary hereunder arising out of this ContractAgreement, and hereby designate 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

Sources: Professional Liability Quota Share Agreement (Amerinst Insurance Group LTD)

SERVICE OF SUIT. (LM-01900-2008.07.17-A) (This article Article applies to unauthorized reinsurers and to reinsurers who are only if the Reinsurer is domiciled outside the United States of America.) A. 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 Service of Suit Article will is not be read intended to conflict with or override the obligations of the parties parties' obligation 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. B. ) In the event of the failure of the Subscribing any Reinsurer hereon to pay any amount claimed to be due hereunder, the Subscribing such Reinsurer, at the request of the Company, will shall submit to the jurisdiction of a Court court of competent jurisdiction within the United StatesStates 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 Subscribing Reinsurer’s right '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 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. 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. C. Service of process in such suit may be made upon Mendes & and Mount, LLP, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇-▇▇▇▇. D. . In any suit instituted against it upon this 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 Subscribing Reinsurer in any such suitsuit 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, territory or district of the United States that which makes provision thereforetherefor, 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 their successor(s) the successor or successors in office, as their its true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceedings proceeding instituted by or on behalf of the Company or any beneficiary hereunder hereunder, arising out of this ContractAgreement, and hereby designate 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

Sources: Surety Quota Share Treaty (Cna Surety Corp)

SERVICE OF SUIT. (LM-01900-2008.07.17-A) (This article applies to unauthorized reinsurers Reinsurers and to reinsurers Reinsurers who are domiciled outside the United States of America.) A. ) This Service of Suit Article will not be read to conflict with or override the obligations of the parties to arbitrate their disputes as provided for in the Arbitration Article. This Article is intended as an aid to compelling arbitration or enforcing such arbitration or arbitral award, not as an alternative to the Arbitration Article for resolving disputes arising out of this Contract. B. . In the event of the failure of the Subscribing Reinsurer to pay any amount claimed to be due hereunder, the Subscribing Reinsurer, at the request of the Company, will submit to the jurisdiction 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 Subscribing Reinsurer’s right 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. 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. C. . Loss Reinsurance Contract January 1, 2007 Service of process in such suit may be made upon upon: Mendes & Mount, LLP, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇. D. ) The above-named are authorized and directed to accept service of process on behalf of the Subscribing Reinsurer in any such suit. Further, pursuant to any statute of any state, territory, or district of the United States that makes provision therefore, the Subscribing Reinsurer hereby designates the Superintendent, Commissioner, or Director of Insurance, or other officer specified for that purpose in the statute, or their successor(s) in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceedings instituted by or on behalf of the Company or any beneficiary hereunder arising out of this Contract, and hereby 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

Sources: Commercial Umbrella Excess of Loss Reinsurance Contract (Liberty Mutual Agency Corp)

SERVICE OF SUIT. (LM-01900-2008.07.17-A) (This article applies to unauthorized reinsurers and to reinsurers who are domiciled outside the United States of America.) A. This Service of Suit Article will not be read to conflict with or override the obligations of the parties to arbitrate their disputes as provided for in the Arbitration Article. This Article is intended as an aid to compelling arbitration or enforcing such arbitration or arbitral award, not as an alternative to the Arbitration Article for resolving disputes arising out of this Contract. B. . In the event of the failure of the Subscribing Reinsurer Reinsurers to pay any amount claimed to be due hereunder, the Subscribing ReinsurerReinsurers, at the request of the Company, will submit to the jurisdiction 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 Subscribing Reinsurer’s right 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. The Subscribing ReinsurerReinsurers, once the appropriate Court is selected, whether such court is the one originally chosen by the Company and accepted by the Subscribing Reinsurer 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. C. . Service of process in such suit may be made upon Mendes & Mount, LLP750 Seventh Avenue, New York, New York 10019-6829. The above-named a▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇. D. The above-named are authorized and directed to accept service of process rocess on behalf of the Subscribing Reinsurer Reinsurers in any such suit. Further, pursuant to any statute of any state, territory, territory or district of the United States that makes provision thereforetherefor, the Subscribing Reinsurer Reinsurers hereby designates designate the Superintendent, Commissioner, Commissioner or Director of Insurance, or other officer specified for that purpose in the statute, or their successor(s) his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceedings instituted by or on behalf of the Company or any beneficiary hereunder arising out of this Contract, and hereby 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

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

SERVICE OF SUIT. (LM-01900-2008.07.17-A) (This article applies to unauthorized reinsurers Reinsurers and to reinsurers Reinsurers who are domiciled outside the United States of America.) A. ) This Service of Suit Article will not be read to conflict with or override the obligations of the parties to arbitrate their disputes as provided for in the Arbitration Article. This Article is intended as an aid to compelling arbitration or enforcing such arbitration or arbitral award, not as an alternative to the Arbitration Article for resolving disputes arising out of this Contract. B. Agreement. Agreement No. RAM Re BSGPX — 2006 18. In the event of the failure of the Subscribing Reinsurer to pay any amount claimed to be due hereunder, the Subscribing Reinsurer, at the request of the Company, will submit to the jurisdiction 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 Subscribing Reinsurer’s right 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. 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 ContractAgreement, will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. C. . Service of process in such suit may be made upon Mendes & Mount, LLP, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇. D. . The above-named are authorized and directed to accept service of process on behalf of the Subscribing Reinsurer in any such suit. Further, pursuant to any statute of any state, territory, or district of the United States that makes provision therefore, the Subscribing Reinsurer hereby designates the Superintendent, Commissioner, or Director of Insurance, or other officer specified for that purpose in the statute, or their successor(s) in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceedings instituted by or on behalf of the Company or any beneficiary hereunder arising out of this ContractAgreement, and hereby 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

Sources: Reinsurance Agreement (Liberty Mutual Agency Corp)

SERVICE OF SUIT. (LM-01900-2008.07.17-A) (A. This article Article applies to unauthorized reinsurers and to reinsurers who are domiciled outside only so long as the Reinsurer is not authorized in any state, territory and/or district of the United States of AmericaAmerica where authorization is required for the Company to receive credit for reinsurance for the reinsurance ceded hereunder.) A. B. This Service of Suit Article will shall not be read to conflict with or override the obligations of the parties to arbitrate their disputes as provided for in the Arbitration ArticleArticle 22, Arbitration. This Article is intended as an aid to compelling arbitration or enforcing such arbitration or arbitral award, not as an alternative to the Article 22, Arbitration Article for resolving disputes arising out of this Contract. B. C. In the event of the failure of the Subscribing Reinsurer to pay any amount claimed to be due hereunder, the Subscribing Reinsurer, at the request of the Company, will shall submit to the jurisdiction of a Court court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the Subscribing Reinsurer’s right 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 Subscribing Reinsurer, once the appropriate Court 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, otherwise as provided for above, will shall comply with all requirements necessary to give said Court court jurisdiction and, in any suit instituted against any of them the Reinsurer upon this Contract, will shall abide by the final decision of such Court court or of any Appellate Court appellate court in the event of an appeal. C. D. Service of process in such suit may be made upon Messrs. Mendes & and Mount, LLP, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇-▇▇▇▇. D. . The above-named are authorized and directed to accept service of process on behalf of the Subscribing Reinsurer in any such suit. . E. Further, pursuant to any statute of any state, territory, territory or district of the United States that makes provision thereforetherefor, the Subscribing Reinsurer hereby designates the Superintendent, Commissioner, Commissioner or Director of Insurance, or other officer specified for that purpose in the statute, or their successor(s) his successor or successors in office, as their its true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceedings proceeding instituted by or on behalf of the Company or any beneficiary hereunder arising out of this Contract, and hereby designate 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

Sources: Variable Annuity Reinsurance Contract (Kilico Variable Annuity Separate Account)

SERVICE OF SUIT. (LM-01900-2008.07.172005.08.24-A) (This article applies to unauthorized reinsurers Reinsurers and to reinsurers Reinsurers who are domiciled outside the United States of America.) A. ) This Service of Suit Article will not be read to conflict with or override the obligations of the parties to arbitrate their disputes as provided for in the Arbitration Article. This Article is intended as an aid to compelling arbitration or enforcing such arbitration or arbitral award, not as an alternative to the Arbitration Article for resolving disputes arising out of this Contract. B. . In the event of the failure of the Subscribing Reinsurer to pay any amount claimed to be due hereunder, the Subscribing Reinsurer, at the request of the Company, will submit to the jurisdiction 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 Subscribing Reinsurer’s right 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. 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. C. . Service of process in such suit may be made upon upon: Mendes & Mount, LLP, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇. D. ) The above-named are authorized and directed to accept service of process on behalf of the Subscribing Reinsurer in any such suit. Further, pursuant to any statute of any state, territory, or district of the United States that makes provision therefore, the Subscribing Reinsurer hereby designates the Superintendent, Commissioner, or Director of Insurance, or other officer specified for that purpose in the statute, or their successor(s) in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceedings instituted by or on behalf of the Company or any beneficiary hereunder arising out of this Contract, and hereby 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

Sources: Casualty Excess of Loss Reinsurance Contract (Liberty Mutual Agency Corp)

SERVICE OF SUIT. (LM-01900-2008.07.172009.09.29-A) (This article Article applies to any unauthorized reinsurers Subscribing Reinsurer and to reinsurers any Subscribing Reinsurer who are is domiciled outside the United States of America.) A. This Service of Suit Article will not be read to conflict with or override the obligations of the parties to arbitrate their disputes as provided for in the Arbitration Article. This Article is intended as an aid to compelling arbitration or enforcing such arbitration or arbitral award, not as an alternative to the Arbitration Article for resolving disputes arising out of this Contract. B. In the event of the failure of the Subscribing Reinsurer to pay any amount claimed to be due hereunder, the Subscribing Reinsurer, at the request of the Company, will submit to the jurisdiction 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 Subscribing Reinsurer’s right 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. 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 it upon this Contract, will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. C. Service of process in such suit may be made upon upon: Mendes & Mount, LLP, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇. D. The above-named are authorized and directed to accept service of process on behalf of the Subscribing Reinsurer in any such suit. Further, pursuant to any statute of any state, territory, or district of the United States that makes provision therefore, the Subscribing Reinsurer hereby designates the Superintendent, Commissioner, or Director of Insurance, or other officer specified for that purpose in the statute, or their successor(s) in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceedings instituted by or on behalf of the Company or any beneficiary hereunder arising out of this Contract, and hereby designate the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof. Effective: January 1, 2010 2010 Agency Markets Workers’ Compensation Catastrophe Reinsurance Contract No. 2010300 ARTICLE 25 — UNAUTHORIZED REINSURANCE (LM-02500-2009.12.09-A) (Applies only to a Subscribing Reinsurer who at the inception of this Contract or at any time thereafter does not qualify for full credit with any insurance regulatory authority having jurisdiction over the Company’s reserves.) A. As regards Policies or bonds coming within the scope of this Contract, the Company agrees that when it shall file with the insurance regulatory authority or set up on its books reserves for unearned premium and losses covered hereunder which it shall be required by law to set up, it will forward to the Subscribing Reinsurer a statement showing the proportion of such reserves which is applicable to the Subscribing Reinsurer. The Subscribing Reinsurer hereby agrees to fund such reserves in respect of unearned premium, known outstanding losses that have been reported to the Subscribing Reinsurer and allocated loss adjustment expense relating thereto, losses and allocated loss adjustment expense paid by the Company or the Legal Entities but not recovered from the Subscribing Reinsurer, plus reserves for losses incurred but not reported as determined by the Company, as shown in the statement prepared by the Company (hereinafter referred to as “Subscribing Reinsurer’s Obligations”) by Letters of Credit, unless the Company and the Subscribing Reinsurer agree to another method of funding, or another method of funding (other than Letters of Credit) is mandated by applicable law, statute, or regulation. B. For a Subscribing Reinsurer who, either at the inception of this Contract or at any time thereafter, is unauthorized in any province or jurisdiction of Canada, and as respects risks within Canada for the purposes of the Insurance Companies Act (Canada), such funding shall be equal to 115% of the Subscribing Reinsurer’s Obligations or such other amount as may be required by the Office of the Superintendent of Financial Institutions Canada. C. When funding by Letters of Credit, the Subscribing Reinsurer agrees to apply for and secure timely delivery to the Company of clean, irrevocable, and unconditional Letters of Credit issued by a bank that is a qualified U.S. financial institution acceptable to the Company, and containing provisions acceptable to the insurance regulatory authorities having jurisdiction over the Company’s reserves, in an amount equal to the Subscribing Reinsurer’s proportion of said reserves. At the Company’s request, the Subscribing Reinsurer will agree to provide a separate Letter of Credit for each Legal Entity. Such Letters of Credit shall be issued for a period of not less than one year, and shall be automatically extended for one year from the date of expiration or any future expiration date unless, sixty (60) days prior to any expiration date, the issuing bank shall notify the Company or a Legal Entity, as applicable, by certified mail that the issuing bank elects not to consider the Letters of Credit extended for any additional period. D. The Subscribing Reinsurer and the Company agree that the Letters of Credit provided by the Subscribing Reinsurer pursuant to the provisions of this Contract may be drawn upon at any time, notwithstanding any other provision of this Contract, and be utilized by the Company or a Legal Entity or any successors Effective: January 1, 2010 2010 Agency Markets Workers’ Compensation Catastrophe Reinsurance Contract No. 2010300 thereto, by operation of law, of the Company or a Legal Entity, including without limitation, any liquidator, rehabilitator, receiver, or conservator of the Company, without diminution because of the insolvency of the Company or a Legal Entity or the Subscribing Reinsurer for one or more of the following purposes: 1. To reimburse the Company or a Legal Entity for the Subscribing Reinsurer’s share of premiums returned to the owners of Policies reinsured under this Contract because of cancellations of the Policies; 2. To reimburse the Company or a Legal Entity for the Subscribing Reinsurer’s share of surrenders and benefits or losses paid by the Company or a Legal Entity under provisions of the Policies reinsured under this Contract; 3. To fund an account with the Company or a Legal Entity in an amount, at least, equal to the deduction for reinsurance ceded from the Company’s or a Legal Entity’s liabilities for Policies ceded under this Contract. The account shall include, but not be limited to, amounts for Policy reserves, claims and losses incurred (including losses incurred but not reported), loss adjustment expenses, and unearned premium reserves; 4. To pay existing liabilities between the Company and the Subscribing Reinsurer upon commutation of this Contract; and 5. To pay any other amounts the Company claims are due under this Contract. 6. If the Company has concluded that the issuing bank’s financial condition is such that the value of the security represented by the Letter of Credit may be in jeopardy, the Company or a Legal Entity, as applicable, may require that a replacement Letter of Credit be issued by a bank acceptable to the Company, by providing the Subscribing Reinsurer with written notice requesting such replacement Letter of Credit. If the Subscribing Reinsurer fails to provide acceptable replacement security within ten (10) business days following receipt of the Company’s notice, the Company or a Legal Entity may draw upon the existing Letter of Credit in amounts equal to the Subscribing Reinsurer’s Obligations. E. At annual intervals, or at the Company’s option, on a quarterly basis, the Company shall prepare a specific statement of the Subscribing Reinsurer’s Obligations, for the sole purpose of amending the Letters of Credit, in the following manner: 1. If the statement shows that the Subscribing Reinsurer’s Obligations exceed the balance of credit as of the statement date, the Subscribing Reinsurer shall, within thirty (30) days after receipt of notice of such excess, secure delivery to the Company of an amendment to the Letters of Credit increasing the amount of credit by the amount of such difference. 2. If, however, the statement shows that the Subscribing Reinsurer’s Obligations are less than the balance of credit as of the statement date, the Company shall, within thirty (30) days after receipt of written request from Effective: January 1, 2010 2010 Agency Markets Workers’ Compensation Catastrophe Reinsurance Contract No. 2010300 the Subscribing Reinsurer, release such excess credit by agreeing to secure an amendment to the Letters of Credit reducing the amount of credit available by the amount of such excess credit. F. The Subscribing Reinsurer will take any other reasonable steps that may be required for the Company to take full credit on its statutory financial statements for the reinsurance provided by this Contract. G. Any and all disputes between the Company and any Subscribing Reinsurer or Reinsurers (“Party”, individually, or “Parties”, collectively) arising out of, relating to, or concerning this Article shall be resolved pursuant to the ▇▇▇▇▇-U.S. Newer Arbitrator Program. Unless the Parties otherwise agree, the ▇▇▇▇▇-U.S. Newer Arbitrator Program expedited proceeding with a single Newer Arbitrator shall be used to resolve any such disputes.

Appears in 1 contract

Sources: Workers’ Compensation Catastrophe Excess of Loss Reinsurance Contract (Liberty Mutual Agency Corp)

SERVICE OF SUIT. (LM-01900-2008.07.17-A) (This article applies to unauthorized reinsurers and to reinsurers who are domiciled outside the United States of America.) A. This Service of Suit Article will shall not be read to conflict with or override the obligations of the parties to arbitrate their disputes as provided for in the Arbitration Article. This Article is intended as an aid to compelling arbitration or enforcing such arbitration or arbitral award, not as an alternative to the Arbitration Article for resolving disputes arising out of this Contract. B. In the event of the failure of the Subscribing Reinsurer to pay any amount claimed to be due perform its obligations hereunder, the Subscribing Reinsurer, at the request of the Company, will shall submit to the jurisdiction of a Court court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the Subscribing Reinsurer’s right 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 Subscribing Reinsurer, once the appropriate Court 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 shall comply with all requirements necessary to give said Court court jurisdiction and, in any suit instituted against any of them the Reinsurer upon this Contract, will shall abide by the final decision of such Court court or of any Appellate Court appellate court in the event of an appeal.. Effective: July 1, 2013 C. Service of process in such suit against the Reinsurer may be made upon Messrs. Mendes & and Mount, LLP, ▇▇▇ 750 ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇-▇▇▇▇. D. , ▇he party identified on behalf of the Reinsurer on the Reinsurer’s signature page of this Contract, and in any suit instituted, the Reinsurer shall abide by the final decision of such court or any appellate court in the event of an appeal. The above-named are authorized and directed to accept service of process on behalf of the Subscribing Reinsurer in any such suit. . D. Further, pursuant to any statute of any state, territory, territory or district of the United States that makes provision thereforetherefor, the Subscribing Reinsurer hereby designates the Superintendent, Commissioner, Commissioner or Director of Insurance, or other officer specified for that purpose in the statute, or their successor(s) his successor or successors in office, as their its true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceedings proceeding instituted by or on behalf of the Company or any beneficiary hereunder arising out of this Contract, and hereby designate 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

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

SERVICE OF SUIT. (LM-01900-2008.07.17-A) (This article Article applies to unauthorized reinsurers and to reinsurers who are only if the Reinsurer is domiciled outside the United States of America.) A. 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 Service of Suit Article will is not be read intended to conflict with or override the obligations of the parties parties' obligation 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. B. ) In the event of the failure of the Subscribing any Reinsurer hereon to pay any amount claimed to be due hereunder, the Subscribing such Reinsurer, at the request of the Company, will shall submit to the jurisdiction of a Court court of competent jurisdiction within the United StatesStates and shall comply with all requirements Surety Excess of Loss Effective: January 1, 2005 Page 12 of 15 (Revised - 5/10/05) necessary to give that court jurisdiction. Nothing in this Article constitutes or should be understood to constitute a waiver of the Subscribing Reinsurer’s right '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 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. C. Service of process in such suit may be made upon Mendes & and Mount, LLP, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇-▇▇▇▇. D. . In any suit instituted against it upon this Contract, 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 Subscribing Reinsurer in any such suitsuit 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, territory or district of the United States that which makes provision thereforetherefor, 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 their successor(s) the successor or successors in office, as their its true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceedings proceeding instituted by or on behalf of the Company or any beneficiary hereunder hereunder, arising out of this Contract, and hereby designate 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

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