Excess of Loss Reinsurance Placement Slip between Guy Carpenter & Company, Inc. and SCPIE Holdings, Inc. and Affiliates (Effective January 1, 2003)
This agreement is between Guy Carpenter & Company, Inc. (as intermediary) and SCPIE Holdings, Inc. and its affiliates. It sets out the terms for excess of loss reinsurance covering various professional and business liability insurance policies for healthcare providers, hospitals, and managed care organizations. The contract specifies coverage layers, limits, premiums, exclusions, and conditions for claims made during 2003. It also details payment terms, reporting requirements, and general conditions such as confidentiality and arbitration. The agreement is effective from January 1, 2003, to December 31, 2003, with provisions for policy run-off in case of cancellation or non-renewal.
Exhibit 10.67
GUY CARPENTER | Guy Carpenter & Company, Inc. | |||||||||||
44 Whippany Road | Telephone   ###-###-#### | |||||||||||
P.O. Box 1966 | Facsimile   ###-###-#### | |||||||||||
Morristown, New Jersey ###-###-#### | ||||||||||||
Placement Slip | ||||||||||||
File #: | 8493-0009-01/2/3/4 | |||||||||||
Effective Date: | January 1, 2003 |
COMPANY:
SCPIE HOLDINGS, INC.,
AND/OR SCPIE INDEMNITY COMPANY,
AND/OR AMERICAN HEALTHCARE INDEMNITY COMPANY,
AND/OR AMERICAN HEALTHCARE SPECIALTY COMPANY,
AND/OR SCPIE INSURANCE SERVICES, INC.,
AND/OR SCPIE MANAGEMENT SERVICES, INC.,
LOS ANGELES, CALIFORNIA
TYPE:
FIRST FOURTH EXCESS OF LOSS REINSURANCE
BUSINESS COVERED:
1. | Physicians & Surgeons Comprehensive Professional and Business Liability, including Clinics and Clinical Laboratories. |
2. | Professional and Business Liability Policies for Hospitals and Healthcare Facilities, including: |
a. | Modified Claims Made Coverage Hospitals and Medical Centers (Primary & Excess); |
b. | Claims Made Coverage Hospitals and Medical Centers (Primary & Excess); |
c. | Excess Automobile Liability and Excess Employers Liability associated with the policy forms outlined above. |
3. | Errors and Omissions Liability Policies for Managed Care Organizations, and Directors and Officers Liability Policies. |
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File #: | 8493-0009-01/2/3/4 | |||||
Effective Date: | January 1, 2003 |
BUSINESS COVERED (Continued):
4. | Physicians and Surgeons Comprehensive Professional Liability and Personal Umbrella Business underwritten by Brown & Brown, Inc., Tampa, Florida. |
TERM:
January 1, 2003 to December 31, 2003 as respects claims made during the calendar year 2003.
The term claims made as used herein shall mean (A) In respect of Claims Made Policies, claims first notified to the Company during the term of this Agreement on any inforce policy or reporting endorsement arising out of incidents subsequent to the retroactive date of said policy as the result of the rendering of or failure to render a professional service or the reporting of losses which arise from the insured premises and operations incidental to the practice of a physician, hospital or managed care organization and/or (B) In respect of Occurrence, or Modified Claims Made Policies, claims or losses first notified to the Company during the term of this Agreement.
Retroactive date January 1, 1976, except for Extra Contractual Obligations which is January 1, 1979.
In the event of cancellation or non-renewal, and at the option of the Reinsured, Reinsurers agree to run-off policies in force until natural expiration not to exceed 12 months from the expiration date hereon, at terms to be mutually agreed.
TERRITORY:
As per the Companys original policies, contracts, or binders.
EXCLUSIONS:
1. | Insolvency Funds. |
2. | Nuclear IncidentLiabilityReinsurance. |
3. | Assumed Reinsurance other than for Licensing, Financial Rating Purposes or Acquisition Purposes. |
4. | Terrorism per NMA 2929. |
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File #: | 8493-0009-01/2/3/4 | |||||
Effective Date: | January 1, 2003 |
LIMIT AND RETENTION:
First Layer:
A.) | $3,000,000 each and every loss in excess of $2,000,000 each and every loss. |
Reinsurers maximum aggregate liability, during the term of this Agreement shall be $18,000,000.
Not withstanding the foregoing it is a condition hereto that an Annual Aggregate Deductible of $3,000,000, otherwise recoverable, shall first be deducted before any liability attaches hereon.
Second Layer:
A.) | $5,000,000 each and every loss in excess of $5,000,000 each and every loss. | |||
B.) | Reinstatements | FirstComputed Pro-Rata as to amount, 60% as to Premium. | ||
SecondComputed Pro-Rata as to amount, 100% as to Premium. |
Third Layer:
A.) | $10,000,000 each and every loss in excess of $10,000,000 each and every loss. | |||
B.) | Reinstatements | One in all computed Pro-Rata as to amount, 100% as to Premium. |
Fourth Layer:
A.) | $30,000,000 each and every loss in excess of $20,000,000 each and every loss | |||
B.) | Reinstatements | One in all computed Pro Rata as to amount, 100% as to Premium. |
WARRANTY:
1.) | In respect of Physicians and Surgeons Comprehensive Professional and Business Liability Policies, including Clinics and Clinical Laboratories, the Maximum Policy Limit is $10,000,000 subject to inuring protection of $8,000,000 in excess of $2,000,000 with a maximum aggregate of $8,000,000 during each 12 month period, or so deemed. |
Page | 4 of 7 | |||||
File #: | 8493-0009-01/2/3/4 | |||||
Effective Date: | January 1, 2003 |
WARRANTY (Continued):
2.) | Coverage for Professional and Business Liability Policies for Hospitals is restricted to policies incepting prior to January 1, 2002, the Maximum Policy Limit is $50,000,000, or so deemed. |
3.) | In respect of Professional and Business Liability Policies for Healthcare Facilities, the Maximum Policy Limit is $10,000,000 for policies incepting prior to January 1, 2002, and $5,000,000 for policies incepting on or after January 1, 2002, or so deemed. |
4.) | In respect of Errors and Omissions Liability Policies for Managed Care Organizations, Directors and Officers Liability Policies, and Employment Practices Liability Insurance, the Maximum Policy Limit is $5,000,000 for policies incepting prior to January 1, 2002, and $1,000,000 for policies incepting on or after January 1, 2002, or so deemed. |
5.) | In respect of Professional and Business Liability Policies for Dentists, excluding coverages for Oral and Maxillofacial Surgeons, the Maximum Policy Limit is $10,000,000, for policies incepting prior to January 1, 2002, and $2,000,000 for policies incepting on or after January 1, 2002, or so deemed. |
PREMIUM:
First Layer:
4.43% of G.N.E.P.I.
Deposit$5,760,000 payable $2,880,000 semi-annually.
Minimum$4,600,000
Second Layer:
2.47% of G.N.E.P.I.
Deposit$3,210,000 payable $1,605,000 semi-annually.
Minimum$2,568,000
Third Layer:
1.45% of G.N.E.P.I.
Deposit$1,885,000 payable $942,500 semi-annually.
Minimum$1,508,000
Fourth Layer:
1.00% of G.N.E.P.I.
Deposit$1,300,000 payable $650,000 semi-annually.
Minimum$1,040,000.
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File #: | 8493-0009-01/2/3/4 | |||||
Effective Date: | January 1, 2003 |
ATTACHMENT OF LIABILITY:
(A) | For purposes of determining the attachment of the Reinsurers liability hereunder as respects any one loss, all losses (including Discovery Period Losses) involving one or more Original Insureds, arising from the same incident, and in which First Notice of Claim or Circumstance is notified to the Company during the term of this Agreement shall be covered hereunder. |
(B) | The date of a loss hereunder shall be the earliest date, within the term of this Agreement, that the Company has received First Notice of Claim or Circumstance. |
ACCOUNTING:
PremiumsPayments within 60 days of respective due date.
LossesPayments within 60 days of receipt of proof of loss.
Outstanding losses reported individually as they occur.
GENERAL CONDITIONS:
Loss Adjustment Expenses to be included with the Ultimate Net Loss.
Excess of Original Policy Limits Clause.
80% Extra Contractual Obligations Clause.
Ultimate Net Loss Clause including Declaratory Judgement Expenses incurred in connection with coverage questions and legal actions related to a specific claim.
Net Retained Lines Clause.
Notice of Loss Clause.
Loss Funding ClauseIncluding IBNR (See Attached).
Special Funding Clause.
Confidentiality Clause.
Commutation Clause by Mutual Agreement.
Federal Excise Tax Clause.
Errors and Omissions Clause.
Insolvency Clause.
Offset ClauseBRMA 36A
Service of Suit Clause.
Mode of Execution Clause.
Arbitration Clause.
Access to Records Clause.
Guy Carpenter & Company, Inc. Intermediary Clause.
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File #: | 8493-0009-01/2/3/4 | |||||
Effective Date: | January 1, 2003 |
INFORMATION:
2003 Premium Estimates by Line: | |||||
Physicians SCPIE | $ | 87,600,000 | |||
Physicians (Standard) AHI-CA | $ | 12,200,000 | |||
Physicians Other than CA. Std. AHI | $ | 1,800,000 | |||
PhysiciansNon Standard AHI | $ | 1,300,000 | |||
PhysiciansNon Standard AHSIC | $ | 300,000 | |||
Subtotal: | $ | 103,200,000 | |||
Hospitals | $ | 300,000 | |||
Healthcare Facilities | $ | 6,800,000 | |||
Healthcare Providers | $ | 1,600,000 | |||
Umbrella | $ | 500,000 | |||
Managed Care E&O | $ | 700,000 | |||
Directors & Officers | $ | 1,000,000 | |||
Subtotal: | $ | 10,900,000 | |||
Brown & Brown | |||||
Physicians | $ | 14,100,000 | |||
Phys.Dentists & Oral Surgeons | $ | 1,800,000 | |||
Subtotal: | $ | 15,900,000 | |||
Grand Total: | $ | 130,000,000 |
REGULATION 98:
Premium and loss payments made to Guy Carpenter & Company, Inc. shall be deposited in a Premium and Loss Account in accordance with Section 32.3(a)(1) of Regulation 98 of the New York Insurance Department. The parties hereto consent to withdrawals from said account in accordance with Section 32.3(a)(3) of the Regulation, including interest and Federal Excise Tax.
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File #: | 8493-0009-01/2/3/4 | |||||
Effective Date: | January 1, 2003 |
ACCEPTED:
First Layer: | ||
Second Layer: | ||
Third Layer: | ||
Fourth Layer: | ||
Reinsurer: | ||
Reference #: | ||
FEIN # & NAIC #: | ||
Authorized Signature: | ||
Date: | ||