Quota Share Reinsurance Agreement between Guarantee Insurance Company and National Indemnity Insurance Company (2007)
This agreement is between Guarantee Insurance Company and National Indemnity Insurance Company. It sets out the terms for sharing risk on workers’ compensation insurance policies issued by Guarantee Insurance Company from July 1, 2007, to June 30, 2008. The reinsurer covers 50% of losses up to $500,000 per claim, with certain exclusions and a 25% commission on premiums ceded. The agreement excludes specific high-risk activities and locations, and runs off for up to 18 months after termination to cover existing policies.
(hereinafter referred to as the Agreement)
GIC-005/2007
between
(hereinafter referred to as the Company)
(hereinafter referred to as the Reinsurer)
1. | Assumed reinsurance, except one hundred percent (100%) of business ceded by fronting insurance companies. | ||
2. | Liability of the Reinsured arising by Agreement, operation of law or otherwise from its participation or membership, whether voluntary or involuntary, in any insolvency fund. Insolvency fund includes any guarantee funds, insolvency fund, plan, pool, association, fund or other arrangement, howsoever denominated, established or governed, which provides for any assessment of or payment or assumption by the Reinsured of part or all of any claim, debt, charge, fee or other obligation or an insurer or its successors or assigns which has been declared by any competent authority to be insolvent or which is otherwise deemed unable to meet any claim, debt, charge, fee or other obligation in whole or in part. | ||
3. | Business excluded by the attached Exhibit A, Nuclear Incident Exclusion Clause Liability- Reinsurance U.S.A., No, 08-31-1. |
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4. | Pools, associations and syndicates, except that losses from assigned risk plans or similar plans are not excluded. | ||
5. | Actual or alleged loss, liability, damage, injury, defense cost, cost or expense directly or indirectly caused by, contributed to, by, resulting from, arising out of or in connection with any acts of terrorism as defined in the Terrorism Risk Insurance Act of 2002 (the Act), including acts of war, invasion, acts of foreign enemies, hostilities or warlike operation (whether war be declared or not), civil war, rebellion, revolution, insurrection, or civil commotion assuming the proportions of or amounting to an uprising, military or usurped power, regardless of any other cause or event contributing concurrently or in any sequence to the loss and regardless of the location of the loss, liability, damage, injury, defense, cost or expense. |
6. | Financial guarantee and insolvency. | ||
7. | War Risks as defined and excluded by the North American War Exclusion Clause (Reinsurance) BRMA 56A. | ||
8. | Risks with known occupational disease exposures per NCCI D & E codes. | ||
9. | Operations requiring coverage under the Defense Base Act, Admiralty Act or any other Federal act including but not limited to the Jones Act, FELA or USL&H, except where incidental. (incidental to be defined as less than 10% of an individual insurers premium). | ||
10. | Commercial airline crews. | ||
11. | Risks involving known exposure to the following substances: Dioxin, Polychlorinated biphenyls (PCBs) and Asbestos. | ||
12. | Mining either above or below ground. | ||
13. | Construction of bridges, tunnel or dams. |
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14. | Fire fighters and police officers. | ||
15. | Railroads, except scenic railways, and access lines and industrial aid owner operations when written as an incidental part of an insureds overall operations. | ||
16. | No known wrecking or demolition of buildings of structures in excess of three stories. | ||
17. | Manufacturing, packing, handling, shipping, storage or loading into containers of explosives, substances intended for use as an explosive, ammunitions, fuses, arms, magnesium, propellant charges, detonating devices, fireworks, nitroglycerine, celluloid, or pyroxylin; however, this exclusion shall not apply to the incidental packing, handling, or storage of same in connection with the sale or transportation by owner operators of such substance; | ||
18. | Trucking hauling explosives or ammunition (local or long distance hauling) all employees. | ||
19. | Manufacturing, packing, handling, shipping or storage of natural or artificial fuel gasses, butane, propane, gasoline, or liquefied petroleum gas; however, this exclusion shall not apply to the incidental packing, handling or storage of same in connection with the sale of such substances. | ||
20. | Gas or oil burner installation NOC. | ||
21. | Gasoline Service Stations tank installations. | ||
22. | Blasting of rock. | ||
23. | Sewer construction all operations. | ||
24. | Gas main, steam main, or water main construction or connection construction. | ||
25. | Boat manufacturing F classes. | ||
26. | Banks and trust company employees of contracting agencies in bank service: guards, patrol, messengers or armored car crews. | ||
27. | Detective agency. | ||
28. | Patrol agency only in regard to armed guard services. | ||
29. | Alternative Market business including PEOs. | ||
30. | Risks principally domiciled in the states of Georgia, South Carolina and Indiana. |
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1. | Gross Subject Written Premium; | ||
2. | Gross Subject Written Premium Collected. | ||
3. | Ceding commission on Gross Subject Written Premium collected and other reinsurance charge allocable to Gross Subject Written Premium collected. | ||
4. | Paid loss and paid Allocated Loss Adjustment Expense; | ||
5. | Outstanding losses and outstanding Allocated Loss Adjustment Expense; |
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A. | Policy as used in this Agreement shall mean any binder, policy or contract of insurance issued, accepted or held covered provisionally or otherwise, by or on behalf of the Company. | |
B. | Gross Subject Written Premium is Written Manual Premium adjusted for experience and schedule credit/debit modification, State/NCCI safety credit, and other allowable credits, premium discount, deductible credits, expense constants and policy fees, less returns and cancellations for policies covered by this agreement. | |
C. | Loss adjustment expense as used herein shall mean expenses allocable to the investigation, defense and/or settlement of specific claims, including litigation expenses and post-judgment interest, but not including any legal expense and cost incurred by the Reinsured in connection with coverage questions and legal actions connected thereto, office expense or salaries of the Reinsureds regular employees. | |
D. | Except for losses arising from Occupational Disease or Cumulative Trauma (as defined below), Loss Occurrence as used in this Agreement shall mean any one accident, disaster, casualty or loss or series of accidents, disasters, casualties or losses arising out of or caused by one event. | |
With respect to Occupational Disease or Cumulative Trauma, all losses arising from each employee shall be deemed a separate Loss Occurrence. The date of loss for each Loss Occurrence shall be the date when the compensable disability of the employee commences, or if there is no such disability, when the medical treatment commences. All Occupational Disease or Cumulative Trauma losses of one specific kind or class suffered by more than one employee of the same employer shall be added together and deemed a separate Loss Occurrence. The date of loss for each Loss Occurrence shall be the date the first claim is made to the Company. There shall only be one date of loss for all Occupational Disease or Cumulative Trauma losses of one specific kind or class suffered by more than one employee of the same employer, regardless of the number of employees, claims or policies involved. | ||
OCCUPATIONAL DISEASE is any abnormal condition that fulfills all of the following conditions: |
1. | It is not traceable to a definite compensable accident occurring during the employees past or present employment. | ||
2. | It has been caused by exposure to a disease producing agent or agents present in the workers occupational environment. | ||
3. | It has resulted in disability or death. |
CUMULATIVE TRAUMA is an injury that fulfills all of the following conditions: |
1. | It is not traceable to a definite compensable accident occurring during the employees past or present employment. | ||
2. | It has occurred from and has been aggravated by a repetitive employment related activity. | ||
3. | It has resulted in a disability or death. Loss Occurrence as used in this Agreement shall mean any one accident, disaster, or casualty or series of accidents, disasters, or casualties arising out of one event. |
E. | Collected Premium Gross Subject Written Premium collected by the Company pursuant to premium payment plans wherein policy premiums are paid to the Company on a less-than-annual |
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basis; however, in no event shall the Reinsurer be liable for policy premiums that are uncollectible from original insureds, regardless of the reason for uncollectibility, and all such uncollectible amounts shall be deemed collected by the Company when due to the Company or its agents, whichever occurs first in time, and accordingly remitted to the Reinsurer. | ||
F. | The term Insured means the named insured in any of the Policies. |
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A. | As a condition precedent to any right of action hereunder, any dispute arising out of the interpretation, performance or breach of this Agreement, 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 third arbitrator shall be selected by the American Arbitration Association. | |
D. | All arbitrators shall be disinterested active or former executives of insurance or reinsurance companies or Underwriters at Lloyds, London, with expertise or experience in the area being arbitrated. | |
E. | Within 45 days after notice of appointment of all arbitrators, the panel shall meet and determine timely periods for briefs, discovery periods 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. Unless the panel agrees otherwise, arbitration shall take place in Florida, but the venue may be changed when deemed by the panel to be in the best interest of the arbitration proceeding. Insofar as the arbitration panel looks to substantive law, it shall consider the law of the State of Florida. The decision of any two arbitrators when rendered in writing shall be final and binding. The panel is empowered to grant interim relief, as it may deem appropriate. | |
G. | The panel shall make its decision considering the custom and practice of the applicable insurance and reinsurance business within 60 days following the termination of the hearings. Judgment upon the award may be entered in any court having jurisdiction thereof. | |
H. | Each party shall bear the expense of its own arbitrator and shall jointly and equally bear with the other party 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 attorneys fees, to the extent permitted by law. |
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Occurence(s) notified by Company to Reinsurer, with full particulars, within eighty four (84) months from the commencement of the Term of this Agreement. Notice of a Loss Occurrence shall include:
1. | The approximate time and location of the Loss Occurrence. | ||
2. | The date of loss as established under this Agreement. | ||
3. | The names of any original insureds that have been identified by Company, at the time of notice, as being involved in the Loss Occurrence. | ||
4. | The current indemnity, medical and expense reserves delineated by original insured. | ||
5. | The total payments made by the Company, delineated by original insured. |
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Signed in Fort Lauderdale, Florida | ||||
This day of , 2007 | ||||
ATTEST: | GUARANTEE INSURANCE COMPANY | |||
By: | /s/ | |||
Title: | President | |||
Reference: | ||||
And signed in Stamford, CT | ||||
This 2 day of August , 2007 | ||||
ATTEST: | NATIONAL INDEMNITY COMPANY | |||
By: | /s/ Peter [Illegible] | |||
Title: | ACTUARY | |||
Reference: | RA-2606 |
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SCHEDULE 1 | 2007 |
Reinsurance Description of Operations to be Excluded | Related Class Codes & Descriptions | |||||||||||
Airline and Aircraft Operations-Commerical Airline Crews | 7403 Aircraft or Helicopter Air Carrier Ground Crew | |
7405 Aircraft or Helicopter Air Carrier Flying Crew | ||
7409* Aircraft or Helicopter: Aerial Application | ||
7420* Aircraft or Helicopter: Public Exhibition | ||
7421 Aircraft or Helicopter: Transportation Crew | ||
7422* Aircraft or Helicopter: NOC, not Helicopters | ||
7423 Aircraft or Helicopter Operation: Commuter | ||
7425* Aircraft Operation Helicopters NOC | ||
7431* Aircraft or Helicopter Commuter Crew | ||
9088* Rocket or missile testing or Launching | ||
Asbestos Operations | 1852 Asbestos Goods Manufacturing | |
5472 Asbestos Removal Operation: Contractor | ||
5473 Asbestos Removal Operation: Contractor NOC | ||
Banks & Trust Companies: Employees of Contracting Agencies in Bank Service: Guards, Patrols, Messengers or Armored Car Crews | 7720 With this specific language (CR) | |
Blasting Rock | 6217 Blasting Rock Specialist Contractor (CR) | |
Boat Building and Ship Building | 6854* Ship Building Iron or Steel NOC |
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All related F Classes Separately Identified** | ||
6843* Ship Building Iron or Steel | ||
6872* Ship Repair or Marine Railway | ||
6882* Ship Repair Conversion | ||
8709* Stevedoring: Talliers, Inspectors | ||
7016* Vessels NOC Program 1 | ||
7024* Vessels NOC Program 2 State Act | ||
7038* Boat Livery Boats under 15 Tons Program 1 | ||
7046* Vessels Not Self-Propelled Program 1 | ||
7047* Vessels NOC Program 2 USL Act | ||
7050* Boat Livery Boats under 15 Tons-Program 2 USL Act | ||
7090* Boat Livery-Boats under 15 Tons-Program 2 State Act | ||
7098* Vessels Not Self-Propelled-Program 2 State Act | ||
7099* Vessels-Not Self-Propelled-Program 2 USL Act | ||
7309* Stevedoring NOC | ||
7313* Ore or Coal Dock Operation | ||
7317* Stevedoring by Hand or Truck | ||
7323* Stevedoring Explosive Materials | ||
7327* Stevedoring Containerized Freight | ||
7333* Dredging All Types Program 1 | ||
7335* Dredging All Types Program 2 State Act | ||
7337* Dredging All Types Program 2 USL Act | ||
7350* Freight Handling & Stevedoring | ||
Construction, operation, repair or maintenance of: | 2702 Dam or Lock Construction (CR) | |
Bridges | 5037* Painting Metal Structure Over Two Stories | |
Dams or Locks | 5040* Iron or Steel Erection Frame Structures | |
Dikes or Revetments | 5059* Iron or Steel; Erection Frame Structures | |
Subways | Less Than Two Stories | |
Sub-Aqueous Works Under Pressure | 5222* Concrete Const. In Connection w/Bridges | |
Tunnels | 5403 Construction: Wooden Bridges (Desc) | |
6003 Wood Bridge Construction (Desc) | ||
6005 Dike or Revetment Construction (CR) | ||
6017 Dam or Lock Construction: Concrete Work | ||
6018 Dam or Lock Construction: Earthmoving | ||
6251* Tunneling Not Pneumatic | ||
6252* Shaft Sinking | ||
6260* Tunneling Pneumatic | ||
7133 Subway Operation (Desc) | ||
7538* Electric Light or Power Line Construction | ||
7540* Electric Light or Power Co-op;REA Project only | ||
9019 Bridge or Vehicular Tunnel Operation |
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Demolition or Wrecking of: | 5022 Wrecking Bldgs or Structures Masonry (CR) | |
Bridges | 5057* Wrecking Bldgs/Structures Iron or Steel (CR) | |
Buildings | 5213 Wrecking Bldgs or Structures Concrete (CR) | |
Maritime Structures | 5403 Wrecking Bldgs or Structures Wooden (CR) | |
Demolition or Wrecking of: | 6003 Wrecking of Piers or Wharfs (Desc) | |
Vessels | 7394*, 7395* & 7398* Marine Wrecking (CR) | |
Detective or Patrol Agencies | 7720 Detective or Patrol Agencies (CR). Not applicable to unarmed patrol personnel. | |
Firefighters | 7704 Firefighters | |
Gas Main, Steam Main or Water Main Construction | 6319 Gas Main or Connection Construction | |
Or Connection Construction | 6206* Oil or Gas Well-Cementing | |
7515* All Oil or Gas Pipeline Operation | ||
Manufacturing, transportation, packing, handling, | 3574 Arms Mfg-Small & Cartridge Mfg (CR) | |
shipping, storage or loading into containers: | 3632 Projectile or Shell Mfg (CR) | |
Explosives (incl substance intended for use as) | 4771* Explosives or Ammunition Manufacturing | |
Ammunitions, fuses or arms | 4777 Explosives Distributors | |
Propellant charges | 7228 Hauling Explosives or Ammo Local (CR) | |
Detonating devices | 7229 Hauling Explosives or Ammo Long Dist (CR) | |
Fireworks | 7360 Packing/Handling/Shipping Expl or Ammo (CR) | |
Celluloid, magnesium, nitroglycerine or pyroxylin | ||
Mfg, packing, handling, shipping or storage of: | 4635* Oxygen or Hydrogen Manufacturing | |
Natural or artificial fuel gases | 4740 Oil Refining Petroleum | |
Butane or propane | 8350 Gasoline Dealer | |
Gasoline or liquefied petroleum gas (LPG) | ||
Mining of All Types Including: | 1005* Coal Mining Surface | |
Underground | 1016 Coal Mining NOC | |
Surface | 1164* Mining NOC Not Coal Underground | |
Quarrying | 1165 Mining NOC Not Coal Surface | |
1624 Quarry NOC | ||
1654 Quarry Cement Rock-Surface | ||
1655 Quarry Limestone Surface (CR) | ||
1710 Stone Crushing Included by SIC | ||
1741* Flint or Spar Grinding | ||
1803* Stone Cutting or Polishing NOC | ||
4000 Sand or Gravel Digging Included by SIC | ||
Oil or Gas Burner Installation | 3724 Oil or Gas Burner Installation-Commercial (CR) | |
3726* Boiler Installation or Repair | ||
5183 Oil or Gas Burner Installation Domestic (CR) | ||
Police Officers | 7720 Police Officers |
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Railroads | 6702, 6703 & 6704 RR Construction State & Federal | |
Except scenic railways and access lines | 7133 Railroad Operations NOC | |
industrial aid owner operations if incidental | 7151 , 7152 & 7153 RR Operations State & Federal | |
7382 Scheduled RR Operations (CR) | ||
7855 RR Construction: Laying or Relaying of Tracks | ||
8734, 8737, 8738 Sales for RR ops State & Fed | ||
8805, 8814 & 8815 Clerical for RR ops State & Fed | ||
Sewer Construction All Operations | 6306 Sewer Construction | |
3620 Pressure Vessel Manufacturing (Desc) | ||
Tank Installation: Gasoline Service Stations | 3724 Tank Installation Gas Stations (CR) |
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