SERVICE OF SUIT. 12.01 It is agreed that in the event the obligations under this Agreement are not performed by the Reinsurer, at the request of the Reinsured, the Reinsurer shall submit to the jurisdiction of any court of competent jurisdiction within the United States and shall comply with all the requirements necessary to give that court jurisdiction. All matters arising under this Agreement shall be determined in accordance with the law and practice of such court. Nothing in this clause constitutes or should be understood to constitute a waiver of the Reinsurer’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service of process, in any such suit, may be made upon any then duly elected officer of the Reinsurer (agent for service of process) at [enter address of Reinsurer]. The Reinsurer shall abide by the final decision of such court or of any appellate court in the event of an appeal, for any suit instituted against the Reinsurer under this Agreement. 12.02 The agent for service of process is authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Reinsured, give a written undertaking to the Reinsured that the agent will enter a general appearance on behalf of the Reinsurer in the event such a suit is instituted. 12.03 The Reinsurer hereby designates the Superintendent, Commissioner or Director of Insurance or his successor or successors in office, for the State of Iowa, as its true and lawful agent for service of process (in addition to the above named agent), who may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Reinsured or any beneficiary arising out of this Agreement, and hereby designates the above named as the person to whom the Reinsured is authorized to mail such process or a true copy thereof.
Appears in 3 contracts
Sources: Reinsurance Agreement (Symetra Financial CORP), Reinsurance Agreement (Symetra Financial CORP), Reinsurance Agreement (Symetra Financial CORP)
SERVICE OF SUIT. 12.01 It is agreed that in the event of the obligations under this Agreement are not performed by failure of the ReinsurerInsurers hereon to pay any amount claimed to be due hereunder, the Insurers hereon, at the request of the ReinsuredInsured, the Reinsurer shall will submit to the jurisdiction of any court a Court of competent jurisdiction within the United States and shall comply with all the requirements necessary to give that court jurisdiction. All matters arising under this Agreement shall be determined in accordance with the law and practice of such courtStates. Nothing in this clause Clause constitutes or should be understood to constitute a waiver of the Reinsurer’s Insurers' rights to commence an action in any court Court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court Court as permitted by the laws of the United States or of any state State in the United States. Service It is further agreed that service of process, process in any such suit, suit may be made upon Messrs ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇ & ▇▇▇▇▇▇, LLP Tower 49 Twelve East 49TH Street, New York, NY 10017 and that in any then duly elected officer suit instituted against any one of them upon this contract, the Reinsurer (agent for service of process) at [enter address of Reinsurer]. The Reinsurer shall Insurers will abide by the final decision of such court Court or of any appellate court Appellate Court in the event of an appeal, for any suit instituted against the Reinsurer under this Agreement.
12.02 . The agent for service of process is above-named are authorized and directed to accept service of process on behalf of the Reinsurer Insurers in any such suit and/or upon the request of the Reinsured, Insured to give a written undertaking to the Reinsured Insured that the agent they will enter a general appearance on upon the Insurers' behalf of the Reinsurer in the event that such a suit is shall be instituted.
12.03 The Reinsurer . Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Insurers hereon hereby designates designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, for the State of Iowa, as its their true and lawful agent for service of process (in addition to the above named agent), who attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Reinsured Insured or any beneficiary hereunder arising out of this Agreementcontract of insurance, and hereby designates designate the above named as the person to whom the Reinsured said officer is authorized to mail such process or a true copy thereof.
Appears in 2 contracts
Sources: Insurance Agreement, Insurance Agreement
SERVICE OF SUIT. 12.01 It is agreed that in the event of the obligations under this Agreement are not performed by failure of the ReinsurerInsurers hereon to pay any amount claimed to be due hereunder, the Insurers hereon, at the request of the ReinsuredInsured, the Reinsurer shall will submit to the jurisdiction of any court a Court of competent jurisdiction within the United States and shall comply with all the requirements necessary to give that court jurisdiction. All matters arising under this Agreement shall be determined in accordance with the law and practice of such courtStates. Nothing in this clause Clause constitutes or should be understood to constitute a waiver of the Reinsurer’s Insurers' rights to commence an action in any court Court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court Court as permitted by the laws of the United States or of any state State in the United States. Service It is further agreed that service of process, process in any such suit, suit may be made upon Messrs ▇▇▇▇▇▇▇▇▇▇▇ & ▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇, LLP Tower 49 Twelve East ▇▇▇▇ ▇▇▇▇▇▇, New York, NY 10017 and that in any then duly elected officer suit instituted against any one of them upon this contract, the Reinsurer (agent for service of process) at [enter address of Reinsurer]. The Reinsurer shall Insurers will abide by the final decision of such court Court or of any appellate court Appellate Court in the event of an appeal, for any suit instituted against the Reinsurer under this Agreement.
12.02 . The agent for service of process is above-named are authorized and directed to accept service of process on behalf of the Reinsurer Insurers in any such suit and/or upon the request of the Reinsured, Insured to give a written undertaking to the Reinsured Insured that the agent they will enter a general appearance on upon the Insurers' behalf of the Reinsurer in the event that such a suit is shall be instituted.
12.03 The Reinsurer . Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Insurers hereon hereby designates designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, for the State of Iowa, as its their true and lawful agent for service of process (in addition to the above named agent), who attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Reinsured Insured or any beneficiary hereunder arising out of this Agreementcontract of insurance, and hereby designates designate the above named as the person to whom the Reinsured said officer is authorized to mail such process or a true copy thereof.
Appears in 2 contracts
Sources: Insurance Agreement, Excess Liability Policy
SERVICE OF SUIT. 12.01 It is agreed that in the event of the obligations under this Agreement are not performed by failure of the ReinsurerReinsurer hereon to pay any amount claimed to be due hereunder, the Reinsurer hereon, at the request of the Reinsured, the Reinsurer shall will submit to the jurisdiction of any court a Court of competent jurisdiction within the United States and shall comply with all the requirements necessary to give that court jurisdiction. All matters arising under this Agreement shall be determined in accordance with the law and practice of such courtStates. Nothing in this clause Article constitutes or should be understood to constitute a waiver of the Reinsurer’s 's rights to commence an action in any court Court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court Court as permitted by the laws of the United States or of any state State in the United States. Service It is further agreed that service of process, process in any such suit, suit may be made upon Bake▇ & ▇cKe▇▇▇▇, ▇▇5 ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇▇▇, ▇▇d that in any then duly elected officer suit instituted against any one of them upon this Agreement, the Reinsurer (agent for service of process) at [enter address of Reinsurer]. The Reinsurer shall will abide by the final decision of such court Court or of any appellate court Appellate Court in the event of an appeal, for any suit instituted against the Reinsurer under this Agreement.
12.02 . The agent for service of process is above named are authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Reinsured, Reinsured to give a written undertaking to the Reinsured that the agent they will enter a general appearance on upon the Reinsurer's behalf of the Reinsurer in the event such a suit is shall be instituted.
12.03 The . Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Reinsurer hereon hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, 15 16 or his successor or successors in office, for the State of Iowa, office as its his true and lawful agent for service of process (in addition to the above named agent), who attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Reinsured or any beneficiary hereunder arising out of this Agreement, and hereby designates the above named as the person to whom the Reinsured said officer is authorized to mail such process or a true copy thereof.
Appears in 2 contracts
Sources: Casualty Excess of Loss Reinsurance Agreement (Delphi International LTD), Casualty Excess of Loss Reinsurance Agreement (Delphi International LTD)
SERVICE OF SUIT. 12.01 (This Article applies only to those Reinsurers not domiciled in the Cayman Islands) It is agreed that that, in the event of the obligations failure of the Reinsurer to pay any amount claimed to be due under this Agreement are not performed by Agreement, the Reinsurer, at the request of the Reinsured, the Reinsurer shall will submit to the jurisdiction of any court of competent jurisdiction within the United States location specified in the Choice of Law and shall Jurisdiction section of the Particular Conditions and will comply with all the requirements necessary to give that such court jurisdiction. All ; and all matters arising under this Agreement hereunder shall be determined in accordance with the law and practice of such court. Nothing in this clause Article constitutes or should be understood to constitute a waiver of the Reinsurer’s Reinsurers’ rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Courtlocation specified in the Choice of Law and Jurisdiction section of the Particular Conditions, or to seek a transfer of a case to another court as permitted by the laws law of the United States or of any state in the United Statesthat country. Service of process, process in any such suit, suit may be made upon any then duly elected officer of the Reinsurer ▇▇▇▇▇▇ & ▇▇▇▇▇▇, P.O. Box 309GT, ▇▇▇▇▇▇ House, South Church Street, ▇▇▇▇▇▇ Town, Grand Cayman, Cayman Islands (hereinafter, “agent for service of process”) at [enter address of Reinsurer]. The Reinsurer shall and in any suit instituted against any Reinsurers upon this Agreement, the Reinsurers will abide by the final decision of such court or of any appellate court in the event of an appeal, for any suit instituted against the Reinsurer under this Agreement.
12.02 . The agent for service of process is above named are authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Reinsured, Reinsured to give a written undertaking to the Reinsured that the agent for service of process will enter a general appearance on behalf of the Reinsurer in the event such a suit is shall be instituted.
12.03 The . Further, pursuant to any statute of country in the location specified in the Choice of Law and Jurisdiction section of the Particular Conditions, which make provision therefore, the Reinsurer hereby designates the Superintendent, Commissioner or Director of Insurance or his successor or successors in office, for the State of Iowa▇▇▇▇▇▇ & ▇▇▇▇▇▇, as its their true and lawful agent for service of process (in addition to the above named agent), who attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Reinsured or any beneficiary hereunder arising out of this Agreement, and hereby designates the above named as the person to whom the Reinsured is authorized to mail such process or a true copy thereof.
Appears in 2 contracts
Sources: Umbrella Property Catastrophe Excess of Loss Reinsurance Agreement (Flagstone Reinsurance Holdings LTD), Residential Property Catastrophe Excess of Loss Reinsurance Agreement (Flagstone Reinsurance Holdings LTD)
SERVICE OF SUIT. 12.01 It (This Article applies only if the Reinsurer is agreed domiciled outside the United States of America and/or unauthorized in any state, territory, or district of the United States of America that has jurisdiction over the Company and in which a subject suit has been instituted. This Article is not intended to conflict with or override the parties' obligation to arbitrate their disputes in accordance with the Arbitration Article.) In the event of the obligations under this Agreement are not performed by the failure of any Reinsurer hereon to pay any amount claimed to be due hereunder, such Reinsurer, at the request of the ReinsuredCompany, the Reinsurer shall submit to the jurisdiction of any a court of competent jurisdiction within the United States and shall comply with all the requirements necessary to give that court jurisdiction. All matters arising under this Agreement shall be determined in accordance with the law and practice of such court. Nothing in this clause Article constitutes or should be understood to constitute a waiver of the Reinsurer’s 's rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, Surety Excess of Loss (Dick Corporation) Effective: January 1, 2005 Page 11 of 15 (Revised - 5/10/05) or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service of process, process in any such suit, suit may be made upon Mendes and Mount, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇-▇▇▇▇. In any then duly elected officer of suit instituted against it upon this Contract, the Reinsurer (agent for service of process) at [enter address of Reinsurer]. The Reinsurer shall abide by the final decision of such court or of any appellate court in the event of an any appeal, for any suit instituted against the Reinsurer under this Agreement.
12.02 . The agent for service of process is above-named are authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Reinsured, Company to give a written undertaking to the Reinsured Company that the agent will they shall enter a general appearance on upon the Reinsurer's behalf of the Reinsurer in the event such a suit is shall be instituted.
12.03 The . Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Reinsurer hereon hereby designates the Superintendent, Commissioner or Director of Insurance or his other officer specified for that purpose in the statute, or the successor or successors in office, for the State of Iowa, as its true and lawful agent for service of process (in addition to the above named agent), who attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Reinsured Company or any beneficiary hereunder, arising out of this AgreementContract, and hereby designates the above above-named as the person to whom the Reinsured 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. 12.01 It is agreed that in the event of the obligations under this Agreement are not performed by failure of the ReinsurerReinsurer hereon to pay any amount claimed to be due hereunder, the Reinsurer hereon, at the request of the Reinsured, the Reinsurer shall will submit to the jurisdiction of any court a Court of competent jurisdiction within the United States and shall comply with all the requirements necessary to give that court jurisdiction. All matters arising under this Agreement shall be determined in accordance with the law and practice of such courtStates. Nothing in this clause Article constitutes or should be understood to constitute a waiver of the Reinsurer’s 's rights to commence an action in any court Court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court Court as permitted by the laws of the United States or of any state State in the United States. Service It is further agreed that service of process, process in any such suit, suit may be made upon Bake▇ & ▇cKe▇▇▇▇, ▇▇5 ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇▇▇, ▇▇d that in any then duly elected officer suit instituted against any one of them upon this Agreement, the Reinsurer (agent for service of process) at [enter address of Reinsurer]. The Reinsurer shall will abide by the final decision of such court Court or of any appellate court Appellate Court in the event of an appeal, for any suit instituted against the Reinsurer under this Agreement.
12.02 . The agent for service of process is above named are authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Reinsured, Reinsured to give a written undertaking to the Reinsured that the agent they will enter a general appearance on upon the Reinsurer's behalf of the Reinsurer in the event such a suit is shall be instituted.
12.03 The . Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Reinsurer hereon hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, for the State of Iowa, office as its his true and lawful agent for service of process (in addition to the above named agent), who attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Reinsured or any beneficiary hereunder arising out of this Agreement, and hereby designates the above named as the person to whom the Reinsured said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
Sources: Casualty Excess of Loss Reinsurance Agreement (Delphi Financial Group Inc/De)
SERVICE OF SUIT. 12.01 It is agreed that in the event of the obligations failure of the Reinsurer to pay any amount claimed to be due hereunder or to perform any other obligation under this Agreement are not performed by the Agreement, the Reinsurer, at the request of the ReinsuredCompany, the Reinsurer shall will submit to the jurisdiction of any a court of competent jurisdiction within the United States and shall comply with all the requirements necessary to give that court jurisdiction. All matters arising under this Agreement shall be determined in accordance with the law and practice of such courtStates. Nothing in this clause Article constitutes or should be understood to constitute a waiver of the Reinsurer’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service It is further agreed that service of process, process in any such suit, suit may be made upon ▇▇▇▇▇▇▇ ▇▇▇▇ and ▇▇▇▇▇▇▇▇▇, One Citicorp Center, ▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇▇▇, and that in any then duly elected officer of suit instituted, the Reinsurer (agent for service of process) at [enter address of Reinsurer]. The Reinsurer shall will abide by the final decision of such court or of any appellate court in the event of an appeal, for any suit instituted against the Reinsurer under this Agreement.
12.02 . The agent for service of process is above-named are authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Reinsured, Company to give a written undertaking to the Reinsured Company that the agent they will enter a general appearance on upon the Reinsurer’s behalf of the Reinsurer in the event such a suit is shall be instituted.
12.03 The . Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Reinsurer 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, for the State of Iowa, as its true and lawful agent for service of process (in addition to the above named agent), who attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Reinsured Company or any beneficiary hereunder arising out of this AgreementAgreement of reinsurance, and hereby designates the above above-named as the person to whom the Reinsured said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
SERVICE OF SUIT. 12.01 It is agreed that in the event of the obligations failure of the Reinsurer to pay any amount claimed to be due hereunder or to perform any other obligation under this Agreement are not performed by the Agreement, the Reinsurer, at the request of the ReinsuredCompany, the Reinsurer shall will submit to the jurisdiction of any a court of competent jurisdiction within the United States and shall comply with all the requirements necessary to give that court jurisdiction. All matters arising under this Agreement shall be determined in accordance with the law and practice of such courtStates. Nothing in this clause Article constitutes or should be understood to constitute a waiver of the Reinsurer’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service It is further agreed that service of process, process in any such suit, suit may be made upon W▇▇▇▇▇▇ ▇▇▇▇ and G▇▇▇▇▇▇▇▇, One Citicorp Center, 1▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇▇▇, and that in any then duly elected officer of suit instituted, the Reinsurer (agent for service of process) at [enter address of Reinsurer]. The Reinsurer shall will abide by the final decision of such court or of any appellate court in the event of an appeal, for any suit instituted against the Reinsurer under this Agreement.
12.02 . The agent for service of process is above-named are authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Reinsured, Company to give a written undertaking to the Reinsured Company that the agent they will enter a general appearance on upon the Reinsurer’s behalf of the Reinsurer in the event such a suit is shall be instituted.
12.03 The . Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Reinsurer 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, for the State of Iowa, as its true and lawful agent for service of process (in addition to the above named agent), who attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Reinsured Company or any beneficiary hereunder arising out of this AgreementAgreement of reinsurance, and hereby designates the above above-named as the person to whom the Reinsured said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
SERVICE OF SUIT. 12.01 a. It is agreed that in the event the obligations under this Agreement are not performed by the Reinsurer, Reinsurer at the request of the ReinsuredCeding Company, the Reinsurer shall must submit to the jurisdiction of any court of competent jurisdiction within the United States and shall comply with all the requirements necessary to give that court jurisdiction. All matters arising under this Agreement shall must be determined in accordance with the law and practice of such court. Nothing in this clause constitutes or should be understood to constitute a waiver of the Reinsurer’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service of process, in any such suit, may be made upon any then duly elected officer of the Reinsurer (agent for service of process) at [enter address of Reinsurer]. The Reinsurer shall must abide by the final decision of such court or of any appellate court in the event of an appeal, for any suit instituted against the Reinsurer under this Agreement.
12.02 b. The agent for service of process is authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the ReinsuredCeding Company, give a written undertaking to the Reinsured Ceding Company that the agent will enter a general appearance on behalf of the Reinsurer in the event such a suit is instituted.
12.03 c. The Reinsurer hereby designates the Superintendent, Commissioner or Director of Insurance or his successor or successors in office, for the State of IowaWashington, as its true and lawful agent for service of process (in addition to the above named agent), who may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Reinsured Ceding Company or any beneficiary arising out of this Agreement, and hereby designates the above named as the person to whom the Reinsured Ceding Company is authorized to mail such process or a true copy thereof.
Appears in 1 contract
Sources: Reinsurance Agreement (Farmers Variable Life Separate Account A)
SERVICE OF SUIT. 12.01 A. It is agreed that that, in the event of the obligations failure of the Reinsurer to pay any amount claimed to be due under this Agreement are not performed by Contract, the Reinsurer, at the request of the Reinsured, the Reinsurer shall will submit to the jurisdiction of any court of competent jurisdiction within the United States state of domicile of the Reinsured and shall will comply with all the requirements necessary to give that such court jurisdiction. All ; and all matters arising under this Agreement hereunder shall be determined in accordance with the law and practice of such court. Nothing in this clause Article constitutes or should be understood to constitute a waiver of the Reinsurer’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Courtstate of domicile of the Reinsured, or to seek a transfer of a case to another court as permitted by the laws of the United States or state of any state in domicile of the United States. Reinsured.
B. Service of process, process upon the Reinsurer in any such suit, suit may be made upon any then duly elected officer of the Reinsurer Messrs, Mendes and Mount, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ (hereinafter, “agent for service of process”) at [enter address of Reinsurer]. The and in any suit instituted against any Reinsurer shall upon this Contract, the Reinsurer will abide by the final decision of such court or of any appellate court in the event of an appeal, for any suit instituted against the Reinsurer under this Agreement.
12.02 C. The agent for service of process is above named are authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Reinsured, Reinsured to give a written undertaking to the Reinsured that the agent for service of process will enter a general appearance on behalf of the Reinsurer in the event such a suit is shall be instituted.
12.03 The D. Further, pursuant to any statute of the state of domicile of the Reinsured which makes provision therefore, the Reinsurer hereby designates the Superintendent, Commissioner or Director of Insurance Insurance, or other officer specified for that purpose in the statute, or his successor or successors in office, for the State of Iowa, as its their true and lawful agent for service of process (in addition to the above named agent), who attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Reinsured or any beneficiary hereunder arising out of this Agreement, and hereby designates the above named as the person to whom the Reinsured is authorized to mail such process or a true copy thereofContract.
Appears in 1 contract
Sources: Stock Purchase Agreement (Montpelier Re Holdings LTD)
SERVICE OF SUIT. 12.01 It is agreed that A. This article applies only to those Reinsurers not domiciled 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.
B. In the event of the obligations failure of a Reinsurer to pay any amount claimed to be due under this Agreement are not performed by Contract, the Reinsurer, at the request of the ReinsuredCompany, the Reinsurer shall submit to the jurisdiction of any court of competent jurisdiction within the United States of America and shall comply with all the requirements necessary to give that such court jurisdiction. All ; and all matters arising under this Agreement hereunder shall be determined in accordance with the law and practice of such court. Nothing in this clause constitutes or should be understood to constitute a waiver of the Reinsurer’s rights to commence an action in any court of competent jurisdiction in the United StatesStates of America, 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 of America or of any state in the United States. States of America.
C. Service of process, in any process is such suit, suit may be made upon any then duly elected officer of the Reinsurer Messrs. M▇▇▇▇▇ and Mount, 7▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ (hereinafter, “agent for service of process”), and in any suit instituted against the Reinsurer(s) at [enter address of Reinsurer]. The Reinsurer upon this Contract, the Reinsurer(s) shall abide by the final decision of such court or of any appellate court in the event of an appeal, for any suit instituted against the Reinsurer under this Agreement.
12.02 D. The agent for service of process is above named are authorized and directed to accept service of process on behalf of the Reinsurer Reinsurer(s) in any such suit and/or upon the request of the Reinsured, Company to give a written undertaking to the Reinsured Company that the agent will for service of process shall enter a general appearance on behalf of the Reinsurer Reinsurer(s) in the event such a suit is shall be instituted.
12.03 The Reinsurer E. Further, pursuant to any statute of any state, territory or district of the United States of America that makes provision therefor, the Reinsurer(s) hereby designates designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, for the State of Iowa, as its true and lawful agent for service of process (in addition to the above named agent), who attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Reinsured Company or any beneficiary hereunder arising out our of this Agreement, Contract and hereby designates the above named agent for service of process as the person firm to whom the Reinsured said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
Sources: Quota Share Reinsurance Contract (Philadelphia Consolidated Holding Corp)
SERVICE OF SUIT. 12.01 A. It is agreed that in the event the obligations under this Agreement AGREEMENT are not performed by the ReinsurerREINSURER, at the request of the ReinsuredCEDING COMPANY, the Reinsurer REINSURER shall submit to the jurisdiction of any court of competent jurisdiction within the United States and shall comply with all the requirements necessary to give that court jurisdiction. All matters arising under this Agreement AGREEMENT shall be determined in accordance with the law and practice of such court. Nothing in this clause constitutes or should be understood to constitute a waiver of the Reinsurer’s REINSURER’S rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service of process, in any such suit, may be made upon any then duly elected officer of the Reinsurer REINSURER (agent for service of process) at [enter address of Reinsurer]▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Suite 800, Charlotte, North Carolina 28202. The Reinsurer REINSURER shall abide by the final decision of such court or of any appellate court in the event of an appeal, for any suit instituted against the Reinsurer REINSURER under this AgreementAGREEMENT.
12.02 B. The agent for service of process is authorized and directed to accept service of process on behalf of the Reinsurer REINSURER in any such suit and/or upon the request of the ReinsuredCEDING COMPANY, give a written undertaking to the Reinsured CEDING COMPANY that the agent will enter a general appearance on behalf of the Reinsurer REINSURER in the event such a suit is instituted.
12.03 C. The Reinsurer REINSURER hereby designates the Superintendent, Commissioner or Director of Insurance or his successor or successors in office, for the State of Iowa, New York as its true and lawful agent for service of process (in addition to the above named agent), who may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Reinsured CEDING COMPANY or any beneficiary arising out of this AgreementAGREEMENT, and hereby designates the above named as the person to whom the Reinsured CEDING COMPANY is authorized to mail such process or a true copy thereof.
D. This Article shall not be interpreted to conflict with or override the obligations of the parties to arbitrate, as specified in Article XIII. This Article is intended as an aid in compelling arbitration or enforcing an arbitration award, not as an alternative to resolving disputes in accordance with Article XIII.
Appears in 1 contract
Sources: Automatic Reinsurance Agreement (Separate Account Fp of Axa Equitable Life Insurance Co)
SERVICE OF SUIT. 12.01 It is agreed that in the event of the obligations under this Agreement are not performed by failure of the ReinsurerReinsurers hereon to pay any amount claimed to be due hereunder, the Reinsurers hereon, at the request of the ReinsuredCompany, the Reinsurer shall will submit to the jurisdiction of any court a Court of competent jurisdiction within the United States and shall comply with all the requirements necessary to give that court jurisdiction. All matters arising under this Agreement shall be determined in accordance with the law and practice of such courtStates. Nothing in this clause Article constitutes or should be understood to constitute a waiver of the Reinsurer’s Reinsurers’ rights to commence an action in any court Court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court Court as permitted by the laws of the United States or of any state State in the United StatesA9CFHB012_4129082 ▇▇▇▇▇▇ ▇▇▇▇▇▇. Service It is further agreed that service of process, process in any such suit, suit may be made upon Messrs Mendes and Mount, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, and that in any then duly elected officer suit instituted against any one of the Reinsurer (agent for service of process) at [enter address of Reinsurer]. The Reinsurer shall them upon this Agreement, Reinsurers will abide by the final decision of such court Court or of any appellate court Appellate Court in the event of an appeal, for any suit instituted against the Reinsurer under this Agreement.
12.02 . The agent for service of process is above-named are authorized and directed to accept service of process on behalf of the Reinsurer Reinsurers in any such suit and/or upon the request of the Reinsured, Company to give a written undertaking to the Reinsured Company that the agent they will enter a general appearance on upon Reinsurers’ behalf of the Reinsurer in the event such a suit is shall be instituted.
12.03 The Reinsurer . Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefore, Reinsurers hereon hereby designates designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, for the State of Iowa, as its their true and lawful agent for service of process (in addition to the above named agent), who attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Reinsured Company or any beneficiary hereunder arising out of this AgreementAgreement of insurance (or reinsurance), and hereby designates designate the above above-named as the person to whom the Reinsured said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
Sources: Reinsurance Agreement (United Insurance Holdings Corp.)
SERVICE OF SUIT. 12.01 It is agreed that in In the event of the obligations under this Agreement are not performed failure of Reinsurer to pay any amount claimed to be due hereunder or as ordered by the a panel of arbitrators pursuant to Article 18, Reinsurer, at the request of the ReinsuredCompany, the Reinsurer shall submit to the jurisdiction of any a court of competent jurisdiction within the United States and States. In such event, Reinsurer shall comply with all have the requirements necessary to give that court jurisdiction. All matters arising under this Agreement shall be determined in accordance with the law and practice of such court. Nothing in this clause constitutes or should be understood to constitute a waiver of the Reinsurer’s rights to commence an action in any court of competent jurisdiction in the United States, right to remove an action to a an appropriate United States District Court, Court or to seek a transfer or remand of a case to another court as permitted by the laws of the United States or of any state in State of the United States. Service of processThe Company may serve process upon Reinsurer by serving its agent: Caledonian Insurance Services Limited Attention: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, Managing Director P.O. Box 1043 GT, Grand Cayman Cayman Islands and in any such suitsuit instituted against Reinsurer upon this Agreement, may be made upon any then duly elected officer of the Reinsurer (agent for service of process) at [enter address of Reinsurer]. The Reinsurer shall will abide by the final decision of such the court or of any appellate court or, in the event of an appeal, of any appellate court of competent jurisdiction in the United States. The right of the Company to bring suit as provided herein shall be limited to a suit brought in its own name and for any suit instituted against the Reinsurer under this Agreement.
12.02 its own account. The above-named agent for service of process is authorized authorised and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Reinsured, Company to give a written undertaking to the Reinsured that Company that, subject to the agent right to seek removal, remand or transfer of such suit to any other court of competent jurisdiction, it will enter a general appearance on upon Reinsurer’s behalf of the Reinsurer in the event such a suit is shall be instituted.
12.03 The . Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, Reinsurer hereby designates the Superintendent, Commissioner or Director of Insurance or his other officer specified for that purpose in the statute, or the successor or successors in office, for office (the State of Iowa“Officer”), as its true and lawful agent for service of process (in addition to the above named agent), who attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Reinsured Company or any beneficiary hereunder arising out of this Agreement, and hereby designates the above named as the person to whom the Reinsured said Officer is authorized authorised to mail such process or a true copy thereof. In the event of any proceedings under this Article, this Agreement shall be governed and construed in accordance with the laws of the State of South Carolina, except as otherwise provided in Article 26 below.
Appears in 1 contract
Sources: Workers Compensation Reinsurance Agreement (Suncoast Holdings, Inc)
SERVICE OF SUIT. 12.01 (This Article only applies to reinsurers domiciled outside of the United States and/or unauthorized in any state, territory, or district of the United States having jurisdiction over the Reinsured). It is agreed that in the event of the obligations failure of the Reinsurer to pay any amount claimed to be due hereunder or to perform any other obligation under this Agreement are not performed by the Agreement, the Reinsurer, at the request of the Reinsured, the Reinsurer shall will submit to the jurisdiction of any court of competent jurisdiction within the United States and shall comply with all the requirements necessary to give that court jurisdiction. All matters arising under this Agreement shall be determined in accordance with the law and practice of such courtStates. Nothing in this clause Article constitutes or should be understood to constitute a waiver of the Reinsurer’s 's rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service It is further agreed that service of process, process in any such suit, suit may be made upon ▇▇▇▇▇▇▇ ▇▇▇▇ and ▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇▇▇, and that in any then duly elected officer of suit instituted, the Reinsurer (agent for service of process) at [enter address of Reinsurer]. The Reinsurer shall will abide by the final decision of such court or of any appellate court in the event of an appeal, for any suit instituted against the Reinsurer under this Agreement.
12.02 . The agent for service of process is above-named are authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Reinsured, Reinsured to give a written undertaking to the Reinsured reinsured that the agent they will enter a general appearance on upon the Reinsurer's behalf of the Reinsurer in the event such a suit is shall be instituted.
12.03 The . Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Reinsurer hereon hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, for the State of Iowa, as its true and lawful agent for service of process (in addition to the above named agent), who attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Reinsured or any beneficiary hereunder arising out of this AgreementAgreement of reinsurance, and hereby designates the above above-named as the person to whom the Reinsured said officer is authorized to mail such process or a true copy thereof. The foregoing is not intended to conflict with or override the obligation of the parties hereto to arbitrate their disputes as provided in the Arbitration clause.
Appears in 1 contract
Sources: Interests and Liabilities Contract (Trenwick Group Inc)
SERVICE OF SUIT. 12.01 It is agreed that in the event of the obligations under this Agreement are not performed by failure of the ReinsurerInsurers hereon to pay any amount claimed to be due hereunder, the Insurers hereon, at the request of the ReinsuredInsured, the Reinsurer shall will submit to the jurisdiction of any court a Court of competent jurisdiction within the United States and shall comply with all the requirements necessary to give that court jurisdiction. All matters arising under this Agreement shall be determined in accordance with the law and practice of such courtStates. Nothing in this clause Clause constitutes or should be understood to constitute a waiver of the Reinsurer’s Insurers' rights to commence an action in any court Court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court Court as permitted by the laws of the United States or of any state State in the United States. Service It is further agreed that service of process, process in any such suit, suit may be made upon Messrs ▇▇▇▇▇▇▇▇▇▇▇ & ▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇, LLP Tower 49 Twelve East ▇▇▇▇ ▇▇▇▇▇▇, New York, NY 10017 and that in any then duly elected officer suit instituted against any one of them upon this contract, the Reinsurer (agent for service of process) at [enter address of Reinsurer]. The Reinsurer shall Insurers will abide by the final decision of such court Court or of any appellate court Appellate Court in the event of an appeal, for any suit instituted against the Reinsurer under this Agreement.
12.02 . The agent for service of process is above-named are authorized and directed to accept service of process on behalf of the Reinsurer Insurers in any such suit and/or upon the request of the Reinsured, Insured to give a written undertaking to the Reinsured Insured that the agent they will enter a general appearance on upon the Insurers' behalf of the Reinsurer in the event that such a suit is shall be instituted.
12.03 The Reinsurer . Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Insurers hereon hereby designates designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, for the State of Iowa, as its their true and lawful agent for service of process (in addition to the above named agent), who attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Reinsured Insured or any beneficiary hereunder arising out of this Agreementcontract of insurance, and hereby designates designate the above named as the person to whom the Reinsured said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
Sources: Insurance Agreement