Aggregate Stop Loss
Reinsurance Contract
Effective: January 1, 1998
issued to
Amwest Surety Insurance Company
Far West Insurance Company
and
Condor Insurance Company
all of Omaha, Nebraska
(hereinafter referred to collectively as the "Company")
by
Underwriters Reinsurance Company (Barbados), Inc.
Barbados, West Indies
(hereinafter referred to as the "Reinsurer")
Article I - Business Reinsured
By this Contract the Reinsurer agrees to reinsure and/or indemnify the Company
for the net excess liability which may accrue to the Company during the term of
this Contract under its bonds, policies, contracts and binders of insurance or
reinsurance (hereinafter called "bonds," as respects surety business, and
"policies," as respects property and casualty business) whether in force or
expired on the effective date hereof, issued or renewed on or after that date
(including bonds or policies with premium anniversary dates on or after that
date), for all surety business and property and casualty business written by the
Company (direct and assumed), subject to the terms, conditions and limitations
hereinafter set forth.
Article II - Term
This Contract shall become effective on January 1, 1998, with respect to losses
occurring on or after that date and shall remain in force until December 31,
1998, both days inclusive.
Article III - Territory
The territorial limits of this Contract shall be identical with those of the
Company's bonds or policies.
Article IV - Retention and Limit
A. Coverage A: As respects surety business, no claim shall be made under this
Contract unless and until the Company shall have first incurred an amount
of ultimate net loss on business covered during the term of this Contract
in excess of 32.80% of its net earned premium for surety business during
the term of this Contract. The Reinsurer shall then be liable for an
amount equal to 7.0% of net earned premium for surety business during the
term of this Contract in excess of the Company's ultimate net loss in
excess of its retention for the term of this Contract.
B. Coverage B: As respects property and casualty business, no claim shall be
made under this Contract unless and until the Company shall have first
incurred an amount of ultimate net loss on business covered during the
term of this Contract in excess of 67.0% of its net earned premium for
property and casualty business during the term of this Contract. The
Reinsurer shall then be liable for an amount equal to 7.0% of net earned
premium for surety business during the term of this Contract in excess of
the Company's ultimate net loss in excess of its retention for the term of
this Contract.
C. As respects losses under Coverage A or Coverage B or any combination
thereof, the Reinsurer's liability as respects all losses occurring during
the term of this Contract shall not exceed an amount equal to 7.0% of the
net earned premium for surety business during the term of this Contract.
D. As respects Coverage A and/or Coverage B, the Company shall have the
option to purchase additional reinsurance limit equal to 7.0% of the net
earned premium for surety business during the term of this Contract. This
option expires on December 31, 1998 and can only be exercised if the
ultimate net loss ceded under this Contract is less than 3.5% of net
earned premium for the term of this Contract.
Article V - Definitions
A. "Net excess liability" as used herein shall mean those amounts payable by
the Company as defined in the ultimate net loss definition set forth in
paragraph B below.
B. "Ultimate net loss" as used herein is defined as the sum or sums
(including loss in excess of bond or policy limits, extra contractual
obligations, prejudgment interest if included as part of an award or
judgment and all loss adjustment expense as hereinafter defined) paid or
payable by the Company in settlement of claims and in satisfaction of
judgments rendered on account of such claims, after deduction of all
salvage, all recoveries and all claims on inuring insurance or
reinsurance, whether collectible or not. Nothing herein shall be construed
to mean that losses under this Contract are not recoverable until the
Company's ultimate net loss has been ascertained.
C. "Loss in excess of bond or policy limits" and "extra contractual
obligations" as used herein shall mean:
1. "Loss in excess of bond or policy limits" shall mean 90% of any
amount paid or payable by the Company under a bond or policy ceded
to this Contract in excess of its bond or policy limits, but
otherwise within the terms of its bond or policy, as a result of an
action against it by its insured or its insured's assignee to
recover damages the insured is legally obligated to pay to a third
party claimant because of the Company's alleged or actual negligence
or bad faith in rejecting a settlement within bond or policy limits,
or in discharging its duty to defend or prepare the defense in the
trial of an action against its insured, or in discharging its duty
to prepare or prosecute an appeal consequent upon such an action.
2. "Extra contractual obligations" shall mean 90% of any punitive,
exemplary, compensatory or consequential damages, other than loss in
excess of bond or policy limits, paid or payable by the Company
under a bond or policy ceded to this Contract as a result of an
action against it by its insured, its insured's assignee or a third
party claimant, which action alleges negligence or bad faith on the
part of the Company in handling a claim under a bond or policy
subject to this Contract.
Any loss in excess of bond or policy limits or extra contractual
obligation shall be deemed to have occurred on the same date as the loss
covered or alleged to be covered under the bond or policy.
Notwithstanding anything stated herein, this Contract shall not apply to
any loss incurred by the Company as a result of any fraudulent and/or
criminal act by any officer or director of the Company acting individually
or collectively or in collusion with an individual or corporation or any
other organization or party involved in the presentation, defense or
settlement of any claim covered hereunder
D. As respects surety business, "loss adjustment expense" as used herein
shall mean expenses allocable to the investigation, defense and/or
settlement of claims, including 1) prejudgment interest, unless included
as part of the award or judgment; 2) post-judgment interest; and 3) legal
expenses and costs incurred in connection with coverage questions and
legal actions connected thereto. It is agreed that for purposes of this
Contract, loss adjustment expense shall be no greater than 8.4% of net
earned premium for surety business during the term of this Contract.
With respect to legal expenses and costs incurred in direct connection
with declaratory judgment actions brought to resolve bond language
coverage disputes between the Company and its insured, such expenses
shall, for purposes of this Contract, not exceed an amount equal to the
applicable limit of the bond or bonds involved unless agreed to by the
Reinsurer.
E. As respects property and casualty business, "loss adjustment expense" as
used herein shall mean expenses allocable to the investigation, defense
and/or settlement of specific claims, including 1) prejudgment interest,
unless included as part of the award or judgment; 2) post-judgment
interest; and 3) legal expenses and costs incurred in connection with
coverage questions and legal actions connected thereto; but not including
office expenses or salaries of the Company's regular employees, except
that allocated outside costs of the Company shall be included.
With respect to legal expenses and costs incurred in direct connection
with declaratory judgment actions brought to resolve policy language
coverage disputes between the Company and its insured, such expenses
shall, for purposes of this Contract, not exceed an amount equal to the
applicable limit of the policy or policies involved unless agreed to by
the Reinsurer.
F. "Net earned premium" as used herein is defined as gross earned premium of
the Company for the classes of business reinsured hereunder, less the
earned portion of premiums ceded by the Company for reinsurance which
inures to the benefit of this Contract or increases the Company's
available capacity.
Article VI - Other Reinsurance
A. Notwithstanding the provisions of paragraph B of Article IV, the Company
is permitted, but not required, to purchase other facultative and/or other
treaty reinsurance on business subject to this Contract. Premiums ceded by
the Company for reinsurance which inures to the benefit of this Contract
or increases the Company' s available capacity shall be deducted in
determining subject premium hereunder as provided in Article IX.
B. It is agreed by the Company that inuring reinsurance agreements in force
at the inception of this Contract shall remain in force during the term of
this Contract, or so deemed.
Article VII - Loss Notices and Settlements
A. Whenever losses sustained by the Company appear likely to result in a
claim hereunder, the Company shall notify the Reinsurer, and the Reinsurer
shall have the right to participate in the adjustment of such losses at
its own expense.
B. All loss settlements made by the Company, provided they are within the
terms of this Contract, shall be binding upon the Reinsurer, and the
Reinsurer agrees to pay all amounts for which it may be liable upon
receipt of reasonable evidence of the amount paid (or scheduled to be
paid) by the Company.
Article VIII - Salvage and Subrogation
The Reinsurer shall be credited with salvage (i.e., reimbursement obtained or
recovery made by the Company, less the actual cost, excluding salaries of
officials and employees of the Company and sums paid to attorneys as retainer,
of obtaining such reimbursement or making such recovery) on account of claims
and settlements involving reinsurance hereunder. Salvage thereon shall always be
used to reimburse the excess carriers in the reverse order of their priority
according to their participation before being used in any way to reimburse the
Company for its primary loss. The Company hereby agrees to enforce its rights to
salvage or subrogation relating to any loss, a part of which loss was sustained
by the Reinsurer, and to prosecute all claims arising out of such rights.
Article IX - Reinsurance Premium
A. As premium for the reinsurance provided hereunder, the Company shall pay
the Reinsurer 2.0% of its net earned premium for the term of this Contract
B. The Company shall pay the Reinsurer an annual minimum and deposit premium
of $1,900,000 in equal semi-annual installments of $950,000 on January 1
and July 1 of 1998.
C. Within 60 days after the expiration of this Contract, the Company shall
provide a report to the Reinsurer setting forth the premium due hereunder,
computed in accordance with paragraph A and if the premium so computed is
greater that the previously paid minimum and deposit premium, the balance
shall be remitted by the Company with its report.
D. As respects the reinsurance limit available under paragraph B of Article
IV, the premium payable shall be adjusted at a rate of 1.33% of its net
earned premium for surety business, subject to a minimum and deposit
premium of $1,000,000 payable on January 1, 1999.
Article X - Late Payments
A. It is understood and agreed that the provisions of this Article shall not
be implemented unless specifically invoked, in writing, by one of the
parties to this Contract.
B. In the event any premium, loss or other payment due either party is not
received by the intermediary named in Article XXV (hereinafter referred to
as the "Intermediary") by the payment due date, the party to whom payment
is due may, by notifying the Intermediary in writing, require the debtor
party to pay, and the debtor party agrees to pay, an interest penalty on
the amount past due calculated for each such payment on the last business
day of each month as follows:
1. The number of full days which have expired since the due date or
the last monthly calculation, whichever the lesser; times
2. 1/365th of the six month (or nearest thereto) U.S. Treasury ▇▇▇▇
rate, as quoted in the Wall Street Journal on the first business day
of the month for which the calculation is being made; times
3. The amount past due, including accrued interest.
It is agreed that interest shall accumulate until payment of the original
amount due plus interest penalties have been received by the Intermediary.
C. The establishment of the due date shall, for purposes of this Article, be
determined as follows:
1. As respects the payment of routine deposits and premiums due the
Reinsurer, the due date shall be as provided for in the applicable
section of this Contract. In the event a due date is not
specifically stated for a given payment, it shall be deemed due 45
days after the date of transmittal by the Intermediary of the
initial billing for each such payment.
2. Any claim or loss payment due the Company hereunder shall be deemed
due five business days following receipt by the applicable
Subscribing Reinsurer of written notification that payment has been
received from Subscribing Reinsurers constituting at least 66 2/3%
of the interests and liabilities of all Subscribing Reinsurers
participating under the applicable layer of this Contract, who are
active as of the due date; it being understood that said date shall
not be later than 75 days from the date of transmittal by the
Intermediary of the initial billing for each such payment.
3. As respects any payment, adjustment or return due either party not
otherwise provided for in subparagraphs 1 and 2 of paragraph C
above, the due date shall be deemed as five business days following
receipt of written notification that the provisions of this Article
have been invoked.
For purposes of interest calculations only, amounts due hereunder shall be
deemed paid upon receipt by the Intermediary.
D. Nothing herein shall be construed as limiting or prohibiting 1) a
Subscribing Reinsurer from contesting the validity of any claim, or from
participating in the defense or control of any claim or suit; or 2)
either party from contesting the validity of any payment, or from
initiating any arbitration or other proceeding in accordance with the
provisions of this Contract. If the debtor party prevails in an arbitration
or other proceeding, then any interest penalties due hereunder on the
amount in dispute shall be null and void. If the debtor party loses in such
proceeding, then the interest penalty on the amount determined to be due
hereunder shall be calculated in accordance with the provisions set forth
above unless otherwise determined by such proceedings. If a debtor party
advances payment of any amount it is contesting, and proves to be correct
in its contestation, either in whole or in part, the other party shall
reimburse the debtor party for any such excess payment made plus interest
on the excess amount calculated in accordance with this Article.
E. As provided under Article VIII, it is understood and agreed that the
Company shall furnish the Reinsurer with usual and customary claim
information and nothing herein shall be construed as limiting or
prohibiting a Subscribing Reinsurer from requesting additional information
that it may deem necessary.
F. As respects subparagraph 2 of paragraph C above, a Subscribing Reinsurer
shall be deemed not to be active when it 1) ceases assuming new or renewal
reinsurance business through the Intermediary; 2) is declared insolvent,
or put in liquidation, conservatorship or rehabilitation by a competent
regulatory authority or court; 3) is declared insolvent, or is the subject
of an administrative order or enters provisional liquidation and/or
liquidation; or 4) has a reduction in its statutory surplus or
shareholders' funds of 50% or more from its statutory surplus or
shareholders' funds as of the effective date of this Contract.
G. Interest penalties arising out of the application of this Article that are
$100 or less from any party shall be waived unless there is a pattern of
late payments consisting of three or more items over the course of any
12-month period.
Article XI - Reports and Remittances
Within 60 days after the end of each calendar quarter following the expiration
of this Contract, the Company shall report to the Reinsurer its aggregate
ultimate net loss paid for the contract term as of the end of the quarter. If
the aggregate ultimate net loss paid exceeds an amount equal to the Company's
retention hereunder for the contract term based on an estimate of the Company's
net earned premium for the contract term, the Reinsurer shall pay its portion of
such estimated excess (net of any prior payments for the contract term).
However, any such payment by the Reinsurer shall be provisional, subject to
adjustment when the Company's actual ultimate net loss and net earned premium
for the contract term have been determined.
Article XII - Commutation
The Company may commute this Contract with agreement by the Reinsurer.
Article XIII - Offset (BRMA 36C)
The Company and the Reinsurer shall have the right to offset any balance or
amounts due from one party to the other under the terms of this Contract. The
party asserting the right of offset may exercise such right any time whether the
balances due are on account of premiums or losses or otherwise.
Article XIV - Access to Records (BRMA 1D)
The Reinsurer or its designated representatives shall have access at any
reasonable time to all records of the Company which pertain in any way to this
reinsurance.
Article XV - Net Retained Lines
A. This Contract applies only to that portion of any bond or policy which the
Company retains net for its own account, and in calculating the amount of
any loss hereunder and also in computing the amount or amounts in excess
of which this Contract attaches, only loss or losses in respect of that
portion of any bond or policy which the Company retains net for its own
account shall be included.
B. The amount of the Reinsurer's liability hereunder in respect of any loss
or losses shall not be increased by reason of the inability of the Company
to collect from any other reinsurer(s), whether specific or general, any
amounts which may have become due from such reinsurer(s), whether such
inability arises from the insolvency of such other reinsurer(s) or
otherwise.
Article XVI - Errors and Omissions (BRMA 14F)
Inadvertent delays, errors or omissions made in connection with this Contract or
any transaction hereunder shall not relieve either party from any liability
which would have attached had such delay, error or omission not occurred,
provided always that such error or omission is rectified as soon as possible
after discovery.
Article XVII - Currency (BRMA 12A)
A. Whenever the word "Dollars" or the "$" sign appears in this Contract, they
shall be construed to mean United States Dollars and all transactions
under this Contract shall be in United States Dollars.
B. Amounts paid or received by the Company in any other currency shall be
converted to United States Dollars at the rate of exchange at the date
such transaction is entered into the books of the Company.
Article XVIII - Taxes (BRMA 50B)
In consideration of the terms under which this Contract is issued, the Company
will not claim a deduction in respect of the premium hereon when making tax
returns, other than income or profits tax returns, to any state or territory of
the United States of America or the District of Columbia.
Article XIX - Federal Excise Tax (BRMA 17A)
(Applicable to those reinsurers, excepting Underwriters at Lloyd's London and
other reinsurers exempt from Federal Excise Tax, who are domiciled outside the
United States of America.)
A. The Reinsurer has agreed to allow for the purpose of paying the Federal
Excise Tax the applicable percentage of the premium payable hereon (as
imposed under Section 4371 of the Internal Revenue Code) to the extent
such premium is subject to the Federal Excise Tax.
B. In the event of any return premium becoming due hereunder the Reinsurer
will deduct the applicable percentage from the return premium payable
hereon and the Company or its agent should take steps to recover the tax
from the United States Government.
Article XX - Unauthorized Reinsurers
A. If the Reinsurer is unauthorized in any state of the United States of
America or the District of Columbia, the Reinsurer agrees to fund its
share of the Company's ceded unearned premium and outstanding loss and
loss adjustment expense reserves (including incurred but not reported loss
reserves) by:
1. Clean, irrevocable and unconditional letters of credit issued and
confirmed, if confirmation is required by the insurance regulatory
authorities involved, by a bank or banks meeting the NAIC Securities
Valuation Office credit standards for issuers of letters of credit
and acceptable to said insurance regulatory authorities; and/or
2. Escrow accounts for the benefit of the Company; and/or
3. Cash advances;
if, without such funding, a penalty would accrue to the Company on any
financial statement it is required to file with the insurance regulatory
authorities involved. The Reinsurer, at its sole option, may fund in other
than cash if its method and form of funding are acceptable to the
insurance regulatory authorities involved.
B. With regard to funding in whole or in part by letters of credit, it is
agreed that each letter of credit will be in a form acceptable to
insurance regulatory authorities involved, will be issued for a term of at
least one year and will include an "evergreen clause," which automatically
extends the term for at least one additional year at each expiration date
unless written notice of non-renewal is given to the Company not less than
30 days prior to said expiration date. The Company and the Reinsurer
further agree, notwithstanding anything to the contrary in this Contract,
that said letters of credit may be drawn upon by the Company or its
successors in interest at any time, without diminution because of the
insolvency of the Company or the Reinsurer, but only for one or more of
the following purposes:
1. To reimburse itself for the Reinsurer's share of unearned premiums
returned to insureds on account of bond or policy cancellations,
unless paid in cash by the Reinsurer;
2. To reimburse itself for the Reinsurer's share of losses and/or loss
adjustment expense paid under the terms of bonds or policies
reinsured hereunder, unless paid in cash by the Reinsurer;
3. To reimburse itself for the Reinsurer's share of any other amounts
claimed to be due hereunder, unless paid in cash by the Reinsurer;
4. To fund a cash account in an amount equal to the Reinsurer's share
of any ceded unearned premium and/or outstanding loss and loss
adjustment expense reserves (including incurred but not reported
loss reserves) funded by means of a letter of credit which is under
non-renewal notice, if said letter of credit has not been renewed or
replaced by the Reinsurer 10 days prior to its expiration date;
5. To refund to the Reinsurer any sum in excess of the actual amount
required to fund the Reinsurer's share of the Company's ceded
unearned premium and/or outstanding loss and loss adjustment expense
reserves (including incurred but not reported loss reserves), if so
requested by the Reinsurer.
In the event the amount drawn by the Company on any letter of credit is in
excess of the actual amount required for B(1), B(2) or B(4), or in the
case of B(3), the actual amount determined to be due, the Company shall
promptly return to the Reinsurer the excess amount so drawn.
Article XXI - Insolvency
A. In the event of the insolvency of one or more of the reinsured companies,
this reinsurance shall be payable directly to the company or to its
liquidator, receiver, conservator or statutory successor immediately upon
demand, with reasonable provision for verification, on the basis of the
liability of the company without diminution because of the insolvency of
the company or because the liquidator, receiver, conservator or statutory
successor of the company has failed to pay all or a portion of any claim.
It is agreed, however, that the liquidator, receiver, conservator or
statutory successor of the company shall give written notice to the
Reinsurer of the pendency of a claim against the company indicating the
policy or bond reinsured which claim would involve a possible liability on
the part of the Reinsurer within a reasonable time after such claim is
filed in the conservation or liquidation proceeding or in the receivership,
and that during the pendency of such claim, the Reinsurer may investigate
such claim and interpose, at its own expense, in the proceeding where such
claim is to be adjudicated, any defense or defenses that it may deem
available to the company or its liquidator, receiver, conservator or
statutory successor. The expense thus incurred by the Reinsurer shall be
chargeable, subject to the approval of the Court, against the company as
part of the expense of conservation or liquidation to the extent of a pro
rata share of the benefit which may accrue to the company solely as a
result of the defense undertaken by the Reinsurer.
B. Where two or more reinsurers are involved in the same claim and a majority
in interest elect to interpose defense to such claim, the expense shall be
apportioned in accordance with the terms of this Contract as though such
expense had been incurred by the company.
C. It is further understood and agreed that, in the event of the insolvency of
one or more of the reinsured companies, the reinsurance under this Contract
shall be payable directly by the Reinsurer to the company or to its
liquidator, receiver or statutory successor, except as provided by Section
4118(a) of the New York Insurance Law or except (1) where this Contract
specifically provides another payee of such reinsurance in the event of the
insolvency of the company or (2) where the Reinsurer with the consent of
the direct insured or insureds has assumed such bond or policy obligations
of the company as direct obligations of the Reinsurer to the payees under
such bonds or policies and in substitution for the obligations of the
company to such payees.
Article XXII - Arbitration
A. As a condition precedent to any right of action hereunder, any dispute
arising out of the interpretation, performance or breach of this Contract,
including the formation or validity thereof, shall be submitted for
decision to a panel of three arbitrators. Notice requesting arbitration
will be in writing and sent certified or registered mail, return receipt
requested.
B. One arbitrator shall be chosen by each party and the two arbitrators
shall, before instituting the hearing, choose an impartial third
arbitrator who shall preside at the hearing. If either party fails to
appoint its arbitrator within 30 days after being requested to do so by
the other party, the latter, after 10 days notice by certified or
registered mail of its intention to do so, may appoint the second
arbitrator.
C. If the two arbitrators are unable to agree upon the third arbitrator
within 30 days of their appointment, the two arbitrators will jointly
petition the American Arbitration Association to appoint the third
arbitrator from the AAA's Panel of Reinsurance Arbitrators.
D. All arbitrators shall be disinterested active or former executive officers
of insurance or reinsurance companies, underwriters at Lloyd's of London,
reinsurance intermediaries and attorneys actively or formerly engaged in
practicing law in the areas of insurance or reinsurance.
E. Within 30 days after notice of appointment of all arbitrators, the panel
shall meet and determine timely periods for briefs, discovery procedures
and schedules for hearings.
F. The panel shall be relieved of all judicial formality and shall not be
bound by the strict rules of procedure and evidence. The arbitration shall
take place in Woodland Hills, California or, if unanimously agreed by the
panel, any other mutually acceptable location.
G. If more than one reinsurer is involved in the same dispute, all such
reinsurers shall constitute and act as one party for purposes of this
article. However, nothing shall impair the rights of such reinsurers to
assert several rather than joint defenses or claims, nor shall this
provision be construed as changing the liability of the reinsurers under
the terms of this Contract from several to joint.
H. The panel shall make its decision considering custom and practice as
promptly as possible following the termination of hearings. The decision
of any two arbitrators, when rendered in writing shall be final and
binding, and judgment upon the award may be entered in any court having
jurisdiction. The panel is empowered to grant such interim relief as it
may deem appropriate.
I. Each party shall bear the expense of its own arbitrator and shall jointly
and equally with the other party bear the cost of the third arbitrator.
The remaining costs of the arbitration shall be allocated by the panel.
The panel may, at its discretion, award such further costs and expenses as
it considers appropriate, including but not limited to attorney's fees and
interest to the extent permitted by law. Insofar as the arbitration panel
chooses to look to substantive law, it shall consider the law of the State
of California.
Article XXIII - Service of Suit (BRMA 49C)
(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. It is agreed that in the event the Reinsurer fails to pay any amount
claimed to be due hereunder, the Reinsurer, at the request of the Company,
will submit to the jurisdiction of a court of competent jurisdiction
within the United States. Nothing in this Article constitutes or should be
understood to constitute a waiver of the 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.
B. Further, pursuant to any statute of any state, territory or district of
the United States which makes provision therefor, the Reinsurer hereby
designates the party named in its Interests and Liabilities Agreement, or
if no party is named therein, 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 Company or any beneficiary
hereunder arising out of this Contract.
Article XXIV - Agency Agreement
Amwest Surety Insurance Company shall be deemed the agent of the other reinsured
company for purposes of sending or receiving notices required by the terms and
conditions of this Contract, and for purposes of remitting or receiving any
monies due any party.
Article XXV - Intermediary (BRMA 23A)
▇. ▇. ▇▇▇▇▇▇ Co. is hereby recognized as the Intermediary negotiating this
Contract for all business hereunder. All communications (including but not
limited to notices, statements, premium, return premium, commissions, taxes,
losses, loss adjustment expense, salvages and loss settlements) relating thereto
shall be transmitted to the Company or the Reinsurer through ▇. ▇. ▇▇▇▇▇▇ Co.,
Reinsurance Services, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇.
Payments by the Company to the Intermediary shall be deemed to constitute
payment to the Reinsurer. Payments by the Reinsurer to the Intermediary shall be
deemed to constitute payment to the Company only to the extent that such
payments are actually received by the Company.
In Witness Whereof, the parties hereto by their duly authorized representatives
have executed this Contract as of the dates undermentioned at:
Calabasas, California, this _______ day of _______________________ 199___.
--------------------------------------------------
Amwest Surety Insurance Company
Far West Insurance Company
Condor Insurance Company
Barbados, West Indies, this _______ day of _______________________ 199___.
--------------------------------------------------
Underwriters Reinsurance Company (Barbados), Inc.
▇. ▇. ▇▇▇▇▇▇ CO.
Table of Contents
Article Page
I Business Reinsured 1
II Term 1
III Territory 1
IV Retention and Limit 2
V Definitions 2
VI Other Reinsurance 4
VII Loss Notices and Settlements 4
VIII Salvage and Subrogation 5
IX Reinsurance Premium 5
X Late Payments 5
XI Reports and Remittances 7
XII Commutation 7
XIII Offset (BRMA 36C) 7
XIV Access to Records (BRMA 1D) 8
XV Net Retained Lines 8
XVI Errors and Omissions (BRMA 14F) 8
XVII Currency (BRMA 12A) 8
XVIII Taxes (BRMA 50B) 8
XIX Federal Excise Tax (BRMA 17A) 9
XX Unauthorized Reinsurers 9
XXI Insolvency 10
XXII Arbitration 11
XXIII Service of Suit (BRMA 49C) 12
XXIV Agency Agreement ▇▇
▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ (▇▇▇▇ ▇▇▇) 13