SERVICE OF SUIT. In the event the Retrocessionaire fails to pay any amount claimed due hereunder, the Retrocessionaire, at the request of the Retrocedant, will submit to the jurisdiction of a court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdiction. Nothing in this Article constitutes, or should be understood to constitute, a waiver of the Retrocessionarie's right to commence an action in any court of competent jurisdiction in the United States, to remove an action to the United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service of process in such suit may be made upon ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ LLP, New York, New York. In any suit instituted against it upon this Agreement, Retrocessionaire will abide by the final decision of such court or of any appellate court in the event of an appeal. The above named are authorized and directed to accept service of process on behalf of the Retrocessionaire in any such suit and/or upon the request of the Retrocedant to give a written undertaking to the Retrocedant that they will enter a general appearance upon the Retrocessionaire's behalf in the event such a suit is instituted. Further, pursuant to any statute of any state, territory, or district of the Untied States that makes provision therefor, the Retrocessionaire hereby designates the Superintendent, Commissioner, or Director of Insurance or other officer specified for that purpose in the statute (or his successor or successors in office) as its true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the Retrocedant or any beneficiary hereunder arising out of this Agreement, and hereby designates the above named as the person to which the said officer is authorized to mail such process or a true copy thereof.
Appears in 3 contracts
Sources: Quota Share Retrocession Agreement (Platinum Underwriters Holdings LTD), Quota Share Retrocession Agreement (Platinum Underwriters Holdings LTD), Quota Share Retrocession Agreement (Platinum Underwriters Holdings LTD)
SERVICE OF SUIT. In (a) If the event the Retrocessionaire Insurer fails to pay when due any amount claimed to be due hereunder, the RetrocessionaireInsurer, at the request of the RetrocedantNamed Insured, will submit to the jurisdiction of a court of competent jurisdiction sitting within the United States and will comply with all requirements necessary to give that court jurisdictionState of New York. Nothing in this Article constitutes, condition constitutes or should be understood to constitute, constitute a waiver of the RetrocessionarieInsurer's right rights to commence an action in any court of competent jurisdiction in the United States, to remove an any action to the a United States District Court, Court or to seek a transfer of a case any action 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 in such suit may be made upon ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ LLP, New York, New Yorkthe President of the Insurer. In any such suit instituted against it upon the Insurer under this AgreementPolicy, Retrocessionaire the Insurer will abide by the final decision judgment of such court or of any appellate court in the event of an appeal. The above named are authorized and directed to accept service of process on behalf of the Retrocessionaire in any such suit and/or upon the request of the Retrocedant to give a written undertaking to the Retrocedant that they will enter a general appearance upon the Retrocessionaire's behalf in the event such a suit is instituted. .
(b) Further, pursuant to any statute of any state, territory, or district of the Untied United States that which makes provision therefor, the Retrocessionaire Insurer hereby designates the Superintendent, Commissioner, or Director of Insurance or Insurance, other officer specified for that purpose in the statute (or his or her successor or successors in office) office as its true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Named Insured or any beneficiary hereunder arising out of this AgreementPolicy, and hereby designates the above named President of Insurer as the person to which the whom said officer is authorized to mail such process or a true copy thereof.
(c) In consideration for Insurer's agreement to submit to the jurisdiction of the courts sitting in the State of New York, Named Insured waives any security for Insurer to file an answer to Named Insured's complaint and Named Insured's failure to waive any right for security as a condition of Insurer's answer to Named Insured's complaint shall void this Section 15.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Inc), Pooling and Servicing Agreement (Nationslink Funding Corp 1999-LTL-1 Commer Loan Pas THR Cer)
SERVICE OF SUIT. In the event the Retrocessionaire fails to pay any amount claimed due hereunder, the Retrocessionaire, at the request of the Retrocedant, will submit to the jurisdiction of a court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdiction. Nothing in this Article constitutes, or should be understood to constitute, a waiver of the Retrocessionarie's right to commence an action in any court of competent jurisdiction in the United States, to remove an action to the United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service of process in such suit may be made upon ▇D▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ LLP, New York, New York. In any suit instituted against it upon this Agreement, Retrocessionaire will abide by the final decision of such court or of any appellate court in the event of an appeal. The above named are authorized and directed to accept service of process on behalf of the Retrocessionaire in any such suit and/or upon the request of the Retrocedant to give a written undertaking to the Retrocedant that they will enter a general appearance upon the Retrocessionaire's behalf in the event such a suit is instituted. Further, pursuant to any statute of any state, territory, or district of the Untied States that makes provision therefortherefore, the Retrocessionaire hereby designates the Superintendent, Commissioner, or Director of Insurance or other officer specified for that purpose in the statute (or his successor or successors in office) as its true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the Retrocedant or any beneficiary hereunder arising out of this Agreement, and hereby designates the above named as the person to which the said officer is authorized to mail such process or a true copy thereof.
Appears in 2 contracts
Sources: Excess of Loss Retrocession Agreement (Platinum Underwriters Holdings LTD), Excess of Loss Retrocession Agreement (Platinum Underwriters Holdings LTD)
SERVICE OF SUIT. (This Article is applicable only to an unauthorized Reinsurer in the State of New York or to a Reinsurer who is domiciled outside the United States of America. This Article is not intended to conflict with or override the parties' obligation to arbitrate their disputes in accordance with the ARBITRATION ARTICLE of this Agreement). In the event of the Retrocessionaire fails failure of the Reinsurer hereon to pay any amount claimed to be due hereunder, the RetrocessionaireReinsurer, at the request of the RetrocedantCompany, will submit to the jurisdiction of a court of competent jurisdiction within the United States of America, and will comply with all requirements necessary to give that such court jurisdiction, and all matters hereunder shall be determined in accordance with the law and practice of such court. Nothing in this Article constitutes, clause constitutes or should be understood to constitute, constitute a waiver of the RetrocessionarieReinsurer's right rights to commence an action in any court Court of competent jurisdiction in the United States, to remove an action to the 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 in such suit may be made upon ▇Messrs. Mendes and Mount, 750 Seventh Avenue, New York, New York 10019-6829, and that in any ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇ LLP, New York, New York. In any suit instituted against it upon this Agreement, Retrocessionaire will abide by the ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇e final decision of such court the Court or of any appellate court 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 Retrocessionaire Reinsurer in any such suit and/or upon the request of the Retrocedant Company to give a written undertaking to the Retrocedant Company that they will enter a general appearance upon the RetrocessionaireReinsurer's behalf in the event such a suit is shall be instituted. Further, pursuant to any statute of any state, territory, territory or district of the Untied United States that which makes provision therefor, the Retrocessionaire Reinsurer hereon hereby designates the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute (statute, or his successor or successors in office) , as its their true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Company or any beneficiary hereunder arising out of this Agreement, and hereby designates the above above-named as the person firm to which whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
Sources: Casualty Quota Share Reinsurance Agreement (Cii Financial Inc)
SERVICE OF SUIT. In It is agreed that in the event of the Retrocessionaire fails failure of Underwriters hereon to pay any amount claimed to be due hereunder, the RetrocessionaireUnderwriters hereon, at the request of the RetrocedantAssured, will submit to the jurisdiction of a court Court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes, Clause constitutes or should be understood to constitute, constitute a waiver of the Retrocessionarie's right Underwriters' rights to commence an action in any court Court of competent jurisdiction in the United States, to remove an action to the 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 in such suit may be made upon ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ LLPthe person or persons specified for the purpose in the Schedule, New York, New York. In and that in any suit instituted against it any one of then upon this Agreementcontract, Retrocessionaire Underwriters will abide by the final decision of such court Court or of any appellate court Appellate Court in the event of an appeal. The above named mentioned are authorized authorised and directed to accept service of process on behalf of the Retrocessionaire Underwriters in any such suit and/or upon the request of the Retrocedant Assured to give a written undertaking to the Retrocedant Assured that they will enter a general appearance upon the Retrocessionaire's Underwriters' behalf in the event such a suit is shall be instituted. Further, pursuant to any statute of any state, territory, territory or district of the Untied United States that which makes provision therefor, the Retrocessionaire Underwriters hereon hereby designates designate the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute (statute, or his successor or successors in office) , as its their true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Assured or any beneficiary hereunder arising out of this Agreementcontract of insurance, and hereby designates designate the above named as the person to which whom the said officer is authorized authorised to mail such process or a true copy thereof.
Appears in 1 contract
SERVICE OF SUIT. In It is agreed that in the event of the Retrocessionaire fails failure of the Reinsurers herein to pay any amount claimed to be due hereunderhereunder or the breach of any other term or condition of this Agreement and for which the Companies or any Company, in their or its sole discretion, choses not to file for Arbitration under Article XVI, the RetrocessionaireReinsurers herein, at the request of the RetrocedantCompany, will submit to the jurisdiction of a any court of competent jurisdiction within the United States and will 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. It is further agreed that court jurisdiction. Nothing in this Article constitutes, or should be understood to constitute, a waiver of the Retrocessionarie's right to commence an action in any court of competent jurisdiction in the United States, to remove an action to the United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service service of process involving AmTrust International Insurance Limited in such suit may be made upon ▇▇▇▇▇ ▇▇▇and Associates,________, Attention: ▇▇▇▇▇▇▇ LLP, New York, New York. In ▇▇▇▇ and that in any suit instituted against it any of them upon this Agreementcontract, Retrocessionaire the Reinsurers will abide by the final decision of such court or of any appellate court in the event of an appeal. The above named above-mentioned are authorized and directed to accept service of process on behalf of the Retrocessionaire Reinsurers in any such suit and/or upon the request of the Retrocedant Company to give a written undertaking to the Retrocedant Company that they will enter a general appearance upon the Retrocessionaire's Reinsurers’ behalf in the event such a suit is shall be instituted. Further, pursuant to any statute of any state, territory, or district of the Untied United States that which makes provision provisions therefor, the Retrocessionaire Reinsurers herein hereby designates designate the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute (statute, or his successor or successors in office) , as its true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Company or any beneficiary hereunder arising out of this AgreementAgreement of Reinsurance, and hereby designates designate the above named as the person to which whom the said officer office is authorized to mail such process or a true copy thereof.
Appears in 1 contract
Sources: Intercompany Reinsurance Agreement (Amtrust Financial Services, Inc.)
SERVICE OF SUIT. In the event the Retrocessionaire fails to pay any amount claimed due hereunder, the Retrocessionaire, at the request of the Retrocedant, will submit to the jurisdiction of a court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdiction. Nothing in this Article constitutes, or should be understood to constitute, a waiver of the Retrocessionarie's ’s right to commence an action in any court of competent jurisdiction in the United States, to remove an action to the United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service of process in such suit may be made upon ▇D▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ LLP, New York, New York. In any suit instituted against it upon this Agreement, Retrocessionaire will abide by the final decision of such court or of any appellate court in the event of an appeal. The above named are authorized and directed to accept service of process on behalf of the Retrocessionaire in any such suit and/or upon the request of the Retrocedant to give a written undertaking to the Retrocedant that they will enter a general appearance upon the Retrocessionaire's ’s behalf in the event such a suit is instituted. Further, pursuant to any statute of any state, territory, or district of the Untied States that makes provision therefor, the Retrocessionaire hereby designates the Superintendent, Commissioner, or Director of Insurance or other officer specified for that purpose in the statute (or his successor or successors in office) as its true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the Retrocedant or any beneficiary hereunder arising out of this Agreement, and hereby designates the above named as the person to which the said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
Sources: Quota Share Retrocession Agreement (Platinum Underwriters Holdings LTD)
SERVICE OF SUIT. In It is agreed that in the event of the Retrocessionaire fails failure of the Underwriters hereon to pay any amount claimed claims to be due hereunder, the RetrocessionaireUnderwriters hereon, at the request of the RetrocedantAssured (or Reinsured), will submit to the jurisdiction of a court Court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes, Clause constitutes or should be understood to constitute, constitute a waiver of the Retrocessionarie's right Underwriters' rights to commence an action in any court Court of competent jurisdiction in the United States, to remove an action to the 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 in such suit may be made upon ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ LLP, New York, New York. In the firm shown under item 7 of the Schedule and that in any suit instituted against it any one of them upon this Agreementcontract, Retrocessionaire Underwriters will abide by the final decision of such court Court or of any appellate court Appellate Court in the event of an appeal. The above above-named are authorized authorised and directed to accept service of process on behalf of the Retrocessionaire Underwriters in any such suit and/or upon the request of the Retrocedant Assured (or Reinsured) to give a written undertaking to the Retrocedant Assured (or Reinsured) and that they will enter a general appearance upon the Retrocessionaire's Underwriters' behalf in the event such a suit is shall be instituted. Further, pursuant to any statute statue of any state, territory, territory or district of the Untied United States that which makes provision therefor, the Retrocessionaire Underwriters hereon hereby designates designate the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute (statue, or his successor or successors in office) , as its their true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Assured (or Reinsured) or any beneficiary hereunder arising out of this Agreementcontract of insurance (or reinsurance), and hereby designates designate the above above-named as the person to which whom the said officer is authorized authorised to mail such process or a true copy thereof.
Appears in 1 contract
SERVICE OF SUIT. In A. It is agreed that in the event of the failure of the Retrocessionaire fails hereon to pay any amount claimed to be due hereunder, the RetrocessionaireRetrocessionaire hereon, at the request of the RetrocedantRetrocedent, will submit to the jurisdiction of a court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes, clause constitutes or should be understood to constitute, constitute a waiver of the RetrocessionarieRetrocessionaire's right rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to the 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 in such suit may be made upon Mendes & Mount, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ LLP▇▇▇▇▇-▇▇▇▇, New York, New York. In and that in any suit instituted against it any one of them upon this Agreement, Retrocessionaire will abide by the final decision of such court or of any appellate court Appellate Court in the event of an appeal. .
B. The above above-named are authorized and directed to accept service of process on behalf of the Retrocessionaire in any such suit and/or upon the request of the Retrocedant Retrocedent to give a written undertaking to the Retrocedant Retrocedent that they will enter a general appearance upon the Retrocessionaire's behalf in the event such a suit is shall be instituted. .
C. Further, pursuant to any statute of any state, territory, territory or district of the Untied United States that which makes provision therefortherefore, the Retrocessionaire hereon hereby designates designate the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute (statute, or his successor or successors in office) , as its their true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Retrocedent or any beneficiary hereunder arising out of this Agreementcontract of reinsurance, and hereby designates designate the above above-named Mendes & Mount as the person to which whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
Sources: Reinsurance Agreement (Symons International Group Inc)
SERVICE OF SUIT. In (This Clause is only applicable to unauthorized Reinsurer, or to the Reinsurer who are domiciled outside the United States of America.) It is agreed that in the event of the Retrocessionaire fails failure of the Reinsurer to pay any amount claimed to be due hereunder, the RetrocessionaireReinsurer, at the request of the RetrocedantCompany, will submit to the jurisdiction of a court of competent jurisdiction within the United States any Florida State Court and will comply with all requirements necessary to give that court such Court jurisdiction, and all matters arising hereunder shall be determined in accordance with the law of the State of Florida and practice of such Court. Nothing in this Article constitutes, Clause constitutes or should be understood to constitute, constitute a waiver of the Retrocessionarie's right Reinsurer’ rights to commence an action in any court Court of competent jurisdiction in the United States, to remove an action to the 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 in such suit may be made upon ▇▇▇▇▇ ▇▇, Kukaey, ▇▇▇▇▇▇▇▇▇▇ LLP, New YorkP.A., New York. In or an agreed-upon attorney, and that in any suit instituted against it upon this Agreementinstituted, Retrocessionaire the Reinsurer will abide by the final decision of such court Court or of any appellate court Appellate Court in the event of an appeal. The above named are authorized and directed to accept service of process on behalf of the Retrocessionaire Reinsurer in any such suit and/or upon the request of the Retrocedant Company to give a written undertaking to the Retrocedant Company that they will enter a general appearance upon the Retrocessionaire's Reinsurer’ behalf in the event such a suit is shall be instituted. Further, pursuant to any statute of any stateState, territory, Territory or district District of the Untied United States that which makes provision therefor, the Retrocessionaire Reinsurer hereby designates the Superintendent, Commissioner, Commissioner or the Director of Insurance or other officer specified for that purpose in the statute (statute, or his successor or successors in office) , as its his true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Company or any beneficiary hereunder arising out of this Agreement, and hereby designates the above above-named as the person firm to which whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
Sources: Workers’ Compensation and Employers Liability Quota Share Reinsurance Agreement (Amcomp Inc /Fl)
SERVICE OF SUIT. In (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 Retrocessionaire fails failure of the Reinsurer to pay any amount claimed to be due hereunderhereunder or to perform any other obligation under the Agreement, the RetrocessionaireReinsurer, at the request of the RetrocedantReinsured, will submit to the jurisdiction of a court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes, constitutes or should be understood to constitute, constitute a waiver of the RetrocessionarieReinsurer's right rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to the 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 in such suit may be made upon Will▇▇▇ ▇▇▇▇ ▇▇▇ Gall▇▇▇▇▇, ▇▇7 ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ LLP▇▇▇▇, New York▇▇▇▇▇, New York. In ▇▇d that in any suit instituted against it upon this Agreement22 instituted, Retrocessionaire the Reinsurer will 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 Retrocessionaire Reinsurer in any such suit and/or upon the request of the Retrocedant Reinsured to give a written undertaking to the Retrocedant Reinsured that they will enter a general appearance upon the RetrocessionaireReinsurer's behalf in the event such a suit is shall be instituted. Further, pursuant to any statute of any state, territory, territory or district of the Untied United States that which makes provision therefor, the Retrocessionaire Reinsurer hereon hereby designates the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute (statute, or his successor or successors in office) , as its true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Reinsured or any beneficiary hereunder arising out of this AgreementAgreement of reinsurance, and hereby designates the above above-named as the person to which whom the 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. (This Article applies if the Reinsurer is 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 Article XII, Mediation and Arbitration.) In the event the Retrocessionaire Reinsurer fails to pay any amount claimed due hereunder, the RetrocessionaireReinsurer, at the request of the RetrocedantCompany, will submit to the jurisdiction of a any court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdiction. Nothing in this Article constitutes, constitutes or should be understood to constitute, constitute a waiver of the RetrocessionarieReinsurer's right to commence an action in any court of competent jurisdiction in the United States, to remove an action to the 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 such suit may be made upon ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ LLP, New York, New York___________________ Attention:___________. In any suit instituted against it upon this Agreement, Retrocessionaire the Reinsurer will abide by the final decision of such court or of any appellate court in the event of an appeal. The above named are authorized and directed to accept service of process on behalf of the Retrocessionaire Reinsurer in any such suit and/or upon the request of the Retrocedant Company to give a written undertaking to the Retrocedant Company that they will enter a general appearance upon the RetrocessionaireReinsurer's behalf in the event such a suit is instituted. Further, pursuant to any statute of any state, territory, or district of the Untied United States that makes provision therefor, the Retrocessionaire 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) as its true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the Retrocedant Company or any beneficiary hereunder arising out of this Agreement, and hereby designates the above named as the person to which whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
Sources: Multiline Quota Share Reinsurance Agreement (Tower Group, Inc.)
SERVICE OF SUIT. In 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. It is agreed that in the event of the Retrocessionaire fails failure of the Reinsurer hereon to pay any amount claimed to be due hereunder, the RetrocessionaireReinsurer hereon, at the request of the RetrocedantCompany, will shall submit to the jurisdiction of a court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdictionof America. Nothing in this Article constitutes, constitutes or should be understood to constitute, constitute a waiver of the Retrocessionarie's right Reinsurer’s rights to commence an action in any court of competent jurisdiction in the United StatesStates of America, to remove an action to the 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 StatesStates of America. Service It is further agreed that service of process in such suit may be made upon Messrs. Mendes & Mount, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ LLP, New YorkSuite 1990, New York. In Los Angeles, CA 90017, and that in any suit instituted against it upon this Agreementinstituted, Retrocessionaire will the Reinsurer shall abide by the final decision of such court or of any appellate court in the event of an appeal. .
C. The above above-named are authorized and directed to accept service of process on behalf of the Retrocessionaire Reinsurer in any such suit and/or upon the request of the Retrocedant Company to give a written undertaking to the Retrocedant Company that they will shall enter a general appearance upon the Retrocessionaire's Reinsurer’s behalf in the event such a suit is shall be instituted. .
D. Further, pursuant to any statute of any state, territory, territory or district of the Untied United States that of America which makes provision therefor, the Retrocessionaire Reinsurer hereon hereby designates the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute (statute, or his its successor or successors in office) , as its their true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Company or any beneficiary hereunder arising out of this AgreementContract, and hereby designates designate the above above-named as the person firm to which whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
Sources: Excess of Loss Reinsurance Contract (Scpie Holdings Inc)
SERVICE OF SUIT. (This Article is applicable only to an unauthorized Reinsurer in the State of New York or to a Reinsurer who is domiciled outside the United States of America. This Article is not intended to conflict with or override the parties' obligation to arbitrate their disputes in accordance with the ARBITRATION ARTICLE of this Agreement.) In the event of the Retrocessionaire fails failure of the Reinsurer hereon to pay any amount claimed to be due hereunder, the RetrocessionaireReinsurer, at the request of the RetrocedantCompany, will submit to the jurisdiction of a court of competent jurisdiction within the United States of America, and will comply with all requirements necessary to give that such court jurisdiction, and all matters hereunder shall be determined in accordance with the law and practice of such court. Nothing in this Article constitutes, clause constitutes or should be understood to constitute, constitute a waiver of the RetrocessionarieReinsurer's right rights to commence an action in any court Court of competent jurisdiction in the United States, to remove an action to the 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 in such suit may be made upon ▇Messrs. Mendes and Mount, 750 Seventh Avenue, New York, New York 10019-6829, and that in an▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇ LLP, New York, New York. In any suit instituted against it upon this Agreement, Retrocessionaire will abide by ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇ the final decision of such court the Court or of any appellate court 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 Retrocessionaire Reinsurer in any such suit and/or upon the request of the Retrocedant Company to give a written undertaking to the Retrocedant Company that they will enter a general appearance upon the RetrocessionaireReinsurer's behalf in the event such a suit is shall be instituted. Further, pursuant to any statute of any state, territory, territory or district of the Untied United States that which makes provision therefor, the Retrocessionaire Reinsurer hereon hereby designates the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute (statute, or his successor or successors in office) , as its their true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Company or any beneficiary hereunder arising out of this Agreement, and hereby designates the above above-named as the person firm to which whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
SERVICE OF SUIT. In the event of the failure of a Retrocessionaire fails to pay any amount claimed to be due hereunder, the that Retrocessionaire, at the request of the RetrocedantCompany, will submit to the jurisdiction of a any court of competent jurisdiction within the United States of America and will comply with all requirements necessary to give such court jurisdiction and all matter arising hereunder shall be determined in accordance with the law and practice of such court. It is further agreed that court jurisdiction. Nothing in this Article constitutes, or should be understood to constitute, a waiver of the Retrocessionarie's right to commence an action in any court of competent jurisdiction in the United States, to remove an action to the United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service service of process in such suit may be made upon ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ LLPthe Contract Manager or the corporate secretary of any United States parent, New Yorkaffiliate or subsidiary companies of the Retrocessionaires (hereinafter, New York. In any "agent for service of process"), and in suit instituted against it a Retrocessionaire upon this Agreement, that Retrocessionaire will abide by the final decision of such court or of any appellate court in the event of an appeal. Service of suit upon the Contract Manager shall be deemed service on all Retrocessionaires named as parties in such suit. The above above-named are authorized and directed to accept service of process on behalf of the Retrocessionaire in any such suit and/or and upon the request of the Retrocedant Company to give a written undertaking to the Retrocedant Company that they the agent for service of process will enter a general appearance upon on behalf of the Retrocessionaire's behalf Retrocessionaire in the event such a suit is shall be instituted. Further, pursuant to any statute of any state, territory, territory or district of the Untied States that makes United State of America which make provision therefortherefore, the Retrocessionaire Retrocessionaires hereby designates designate the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer officers specified for that purpose in the statute (or his successor or successors in office) , as its their true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Company or any beneficiary hereunder arising out of this Agreement, Agreement and hereby designates designate the above named as the person to which the said officer is authorized to mail such process or a true copy thereof.agent for service of
Appears in 1 contract
SERVICE OF SUIT. In the event of the failure of the Retrocessionaire fails hereon to pay any amount claimed to be due hereunder, the Retrocessionaire, such Retrocessionaire at the request of the RetrocedantRetrocedent/Reinsured, will submit to the jurisdiction of a court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes, constitutes or should be understood to constitute, constitute a waiver of the RetrocessionarieRetrocessionaire's right rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to the a United States District Di strict Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. Service of process in such suit may be made upon Mendes & Mount, ▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇-▇▇▇▇ LLP, New York, New York▇▇▇ or another party specifically designated in the applicable Interests and Liabilities Agreement attached hereto. In any suit instituted against it upon this Agreement, the Retrocessionaire will abide by the final decision of such court court, or of any appellate ap pellate court in the event of an any appeal. The above above-named are authorized and directed to accept service of process on behalf of the Retrocessionaire in any such suit and/or upon the request of the Retrocedant Retrocedent/Reinsured to give a written undertaking to the Retrocedant Retrocedent/Reinsured that they will enter a general appearance upon the Retrocessionaire's behalf in the event such a suit is will be instituted. Further, pursuant to any statute of any state, territory, territory or district of the Untied United States that which makes provision therefortherefore, the Retrocessionaire hereon hereby designates the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute (statute, or his the successor or successors in office) , as its true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Retrocedent/Reinsured or any beneficiary hereunder beneficiar y hereunder, arising out of this Agreement, and hereby designates the above above-named as the person to which whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
Sources: Workers Compensation Retrocessional Stop Loss Agreement (Chartwell Re Holdings Corp)
SERVICE OF SUIT. In It is agreed that in the event of the Retrocessionaire fails failure of the Underwriters hereon to pay any amount claimed to be due hereunderunder this Insurance, the RetrocessionaireUnderwriters hereon, at the request of the RetrocedantAssured, will submit to the jurisdiction of a court Court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes, Clause constitutes or should be understood to constitute, constitute a waiver of the Retrocessionarie's right Underwriters’ rights to commence an action in any court Court of competent jurisdiction in the United States, to remove an action to the 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 in such suit may be made upon ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ LLPthe persons named in Item 10 of the Declarations, New York, New York. In and that in any suit instituted against it any one of them upon this Agreementcontract, Retrocessionaire the Underwriters will abide by the final decision of such court Court or of any appellate court Appellate Court in the event of an appeal. The above persons named are in Item 10 of the Declarations is authorized and directed to accept service of process on behalf of the Retrocessionaire Underwriters in any such suit and/or upon the request of the Retrocedant Assured to give a written undertaking to the Retrocedant Assured that they will enter a general appearance upon the Retrocessionaire's Underwriters’ behalf in the event such a suit is shall be instituted. Further, pursuant to any statute of any state, territory, territory or district of the Untied United States that which makes provision therefor, the Retrocessionaire Underwriters hereon hereby designates designate the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute (statute, or his successor or successors in office) , as its their true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Assured or any beneficiary hereunder arising out of this AgreementPolicy, and hereby designates designate the above persons named in Item 10 of the Declarations, as the person to which whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
Sources: Excess Liability Insurance Policy
SERVICE OF SUIT. In (This Clause is only applicable to unauthorized Reinsurers, or to the Reinsurers who are domiciled outside the United States of America.) It is agreed that in the event of the Retrocessionaire fails failure of the Reinsurer to pay any amount claimed to be due hereunder, the RetrocessionaireReinsurer, at the request of the RetrocedantCompany, will submit to the jurisdiction of a court of competent jurisdiction within the United States any Florida State Court and will comply with all requirements necessary to give that court such Court jurisdiction, and all matters arising hereunder shall be determined in accordance with the law of the State of Florida and practice of such Court. Nothing in this Article constitutes, Clause constitutes or should be understood to constitute, constitute a waiver of the Retrocessionarie's right Reinsurer’s rights to commence an action in any court Court of competent jurisdiction in the United States, to remove an action to the 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 in such suit may be made upon ▇▇▇▇▇ ▇▇, Kukaey, ▇▇▇▇▇▇▇▇▇▇ LLP, New YorkP.A., New York. In or an agreed-upon attorney, and that in any suit instituted against it upon this Agreementinstituted, Retrocessionaire the Reinsurer will abide by the final decision of such court Court or of any appellate court Appellate Court in the event of an appeal. The above named are authorized and directed to accept service of process on behalf of the Retrocessionaire Reinsurer in any such suit and/or upon the request of the Retrocedant Company to give a written undertaking to the Retrocedant Company that they will enter a general appearance upon the Retrocessionaire's Reinsurer’s’ behalf in the event such a suit is shall be instituted. Further, pursuant to any statute of any stateState, territory, Territory or district District of the Untied United States that which makes provision therefor, the Retrocessionaire Reinsurer hereby designates the Superintendent, Commissioner, Commissioner or the Director of Insurance or other officer specified for that purpose in the statute (statute, or his successor or successors in office) , as its his true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Company or any beneficiary hereunder arising out of this Agreement, and hereby designates the above above-named as the person firm to which whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
SERVICE OF SUIT. (Applicable if the Reinsurer is not domiciled in the United States of America, and/or is not authorized in any State, Territory, or District of the United States where authorization is required by insurance regulatory authorities)
A. This 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. Effective: June 1, 2011
B. In the event the Retrocessionaire Reinsurer fails to pay any amount claimed to be due hereunder or fails to otherwise perform its obligations hereunder, the RetrocessionaireReinsurer, at the request of the RetrocedantCompany, will submit to the jurisdiction of a court of competent jurisdiction within the United States and will comply with all requirements necessary to give that court jurisdictionStates. Nothing in this Article constitutes, constitutes or should be understood to constitute, constitute a waiver of the Retrocessionarie's right Reinsurer’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to the 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 The Reinsurer, once the appropriate Court is accepted by the 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 such suit may be made upon ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ LLP, New York, New York. In any suit instituted against it any of the Subscribing Reinsurers upon this AgreementContract, Retrocessionaire will abide by the final decision of such court Court or of any appellate court Appellate Court in the event of an appeal. The above named are authorized and directed to accept service of process on behalf of the Retrocessionaire in any such suit and/or upon the request of the Retrocedant to give a written undertaking to the Retrocedant that they will enter a general appearance upon the Retrocessionaire's behalf in the event such a suit is instituted. .
C. Further, pursuant to any statute of any state, territory, territory or district of the Untied United States that which makes provision therefor, the Retrocessionaire Reinsurer hereby designates the party named in its Interests and Liabilities Contract, or if no party is named therein, the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute (statute, or his successor or successors in office) , as its true and lawful attorney upon whom may be served any lawful process in any action, suit, suit or proceeding instituted by or on behalf of the Retrocedant Company or any beneficiary hereunder arising out of this Agreement, and hereby designates the above named as the person to which the said officer is authorized to mail such process or a true copy thereofContract.
Appears in 1 contract
Sources: Excess Catastrophe Reinsurance Contract (Homeowners Choice, Inc.)