Common use of Automatic Coverage Clause in Contracts

Automatic Coverage. A. Reinsurance hereunder will be ceded automatically by the CEDING COMPANY on an excess of retention basis as shown in Exhibits A, B and D, and will be reported to the REINSURER according to the terms in Exhibit E. B. The CEDING COMPANY may cede and the REINSURER will automatically accept reinsurance, if all of the following conditions are met for each life: 1. The CEDING COMPANY has retained its maximum limit of retention as shown in Exhibit A. 2. The Policy Plans reinsured are shown in Exhibit B. 3. The total of the new ultimate face amount of reinsurance required, including any contractual increases and the amount already reinsured on that life under this AGREEMENT and all other life agreements between the REINSURER and the CEDING COMPANY, does not exceed the Automatic Binding Limits as shown in Exhibit D. 4. The total new ultimate face amount of insurance, including any contractual increases on that life in force with all companies, including the CEDING COMPANY, does not exceed the Jumbo Limits as shown in Exhibit D. 5. The CEDING COMPANY has not made facultative application on the current life to any reinsurer within the last five (5) years unless the reason for prior facultative submission was solely for capacity that may now be accommodated within the terms of this AGREEMENT, or unless the case was issued and reinsured standard or subsequently rerated to standard. 6. The risk is a permanent resident of the United States, Canada, Puerto Rico or Guam. 7. Other than as agreed to by the REINSURER in writing, the policy is not purchased, to the knowledge of the CEDING COMPANY, as part of a third party investment program where such third party lacks an insurable interest in the insured or where such third party is engaging in insurance arbitrage. It is understood that the REINSURER has already signed off on the CEDING COMPANYs procedures in this regard. 8. The CEDING COMPANY applies its normal business guidelines as outlined in Exhibit A-1, on all policies. 9. The REINSURER acknowledges that foreign travel policy application questions may not be used if prohibited by law.

Automatic Coverage. A. The CEDING COMPANY agrees to cede and the REINSURER agrees to accept reinsurance on an automatic basis for the plans described in Exhibit B in accordance with the provisions of this Agreement. Reinsurance hereunder will be ceded automatically by the CEDING COMPANY on an excess of retention the following basis: Quota Share basis as shown in Exhibits A, B and D, and will be reported to the REINSURER according to the terms Exhibit D for plans listed in Exhibit E. B. B issued under the CEDING COMPANY's Guaranteed Issue Program; and Excess basis as shown in Exhibit D for plans listed in Exhibit B that are not Guaranteed Issue. The CEDING COMPANY may cede and the REINSURER will automatically accept reinsurance, if all of the following conditions are met for each life: 1. : For plans issued under the Guaranteed Issue Program: The Automatic Guaranteed Issue Parameters listed in Exhibit G-1 are met; and The CEDING COMPANY has retained the percentage of participation listed in Exhibit D up to the maximum limit of retention listed in Exhibit A. For all other plans: The risk has been fully underwritten by the CEDING COMPANY according to its normal underwriting guidelines attached as Exhibit G-2; and The CEDING COMPANY has retained its maximum limit portion of retention the risk as shown described in Exhibit A. 2. A. The Policy Plans reinsured are shown in Exhibit B. 3. The total of the new ultimate face amount of reinsurance required, including any contractual increases and the amount already reinsured on that life under this AGREEMENT and all other life agreements between the REINSURER and the CEDING COMPANY, does not exceed the Automatic Binding Limits as automatic binding limits shown in Exhibit D. 4. D. The total new ultimate face amount of insurance, including any contractual increases on that life in force with all companies, including the CEDING COMPANY, per issue does not exceed the Jumbo Limits as Issue Limit shown in Exhibit D. 5. D. The CEDING COMPANY has not made facultative application for reinsurance of the current guaranteed issue amount on the current same life to the REINSURER or any reinsurer within the last five (5) years unless the reason for prior facultative submission was solely for capacity that may now be accommodated within the terms of this AGREEMENT, or unless the case was issued and reinsured standard or subsequently rerated to standard. 6other reinsurer. The Plan is listed in Exhibit B. The risk is a permanent resident of the United States, Canada, Puerto Rico or Guam. 7. Other than as agreed to by the REINSURER in writingFor Fully Underwritten business, the policy is not purchasedtotal amount of life insurance in force and applied for with all companies, to the knowledge of which the CEDING COMPANYCOMPANY is aware, as part of a third party investment program where such third party lacks an insurable interest in must not exceed the insured or where such third party is engaging in insurance arbitrage. It is understood that the REINSURER has already signed off on the CEDING COMPANYs procedures in this regard. 8. The CEDING COMPANY applies its normal business guidelines as outlined Jumbo Limit shown in Exhibit A-1, on all policiesD. The minimum amount of reinsurance per cession is $10,000 and reinsurance will be terminated when the amount reinsured is less than $10,000. 9. The REINSURER acknowledges that foreign travel policy application questions may not be used if prohibited by law.

Automatic Coverage. A. Reinsurance hereunder will be ceded automatically by the CEDING COMPANY on an excess of retention basis as shown in Exhibits A, B and D, and will be reported to the REINSURER according to the terms in Exhibit E. B. The Beginning for policies applied for on and after December 1, 2008 (the “Coverage Commencement Date”) and continuing until this AGREEMENT is terminated, the CEDING COMPANY may cede and the REINSURER will automatically accept reinsurance, if all of the following conditions are met for each life: 1. The CEDING COMPANY has retained its maximum limit of retention as shown in Exhibit A. 2. The Policy Plans reinsured are shown in Exhibit B. 3. The total of the new ultimate face amount of reinsurance requiredreinsurance, including any contractual increases and the amount already reinsured on that life by the CEDING COMPANY under this AGREEMENT and all other life agreements between others with the REINSURER and the CEDING COMPANY, does not exceed the Automatic Binding Limits as shown in Exhibit D.D. The CEDING COMPANY underwrites to the full face amount at issue, and projects a total ultimate amount including increases at the policy’s inception. The CEDING COMPANY then reinsures the excess portion based upon that projection. 4. The If at the time of application and after having underwritten the life consistent with its underwriting practices and procedures, the Ceding Company determines that the sum of the total new ultimate face amount of insurance, including any contractual increases insurance already in force and applied for on that life in force with all companieslife, including the CEDING COMPANYultimate amounts of any Pacific Life or Pacific Life and Annuity insurance policy, and including any amounts to be replaced as stated on a signed Part I of any Pacific Life application or signed amendment, does not exceed the Jumbo Limits as shown in Exhibit D. 5. The CEDING COMPANY has not made facultative application D. For the avoidance of doubt, any policy ceded that, based on the current life to foregoing, does not breach the Jumbo Limit at the time of cession will be reinsured fully under this Agreement regardless of any reinsurer within the last five (5) years unless the reason for prior facultative submission was solely for capacity future amounts of coverage placed in force on that may now be accommodated within the terms of this AGREEMENT, or unless the case was issued and reinsured standard or subsequently rerated to standardlife. 6. The risk is a permanent resident of the United States, Canada, Puerto Rico or Guam. 7. Other than as agreed to by the REINSURER in writing, the policy is not purchased, to the knowledge of the CEDING COMPANY, as part of a third party investment program where such third party lacks an insurable interest in the insured or where such third party is engaging in insurance arbitrage. It is understood that the REINSURER has already signed off on the CEDING COMPANYs procedures in this regard. 8. The CEDING COMPANY applies its normal business guidelines as outlined in Exhibit A-1, on all policies. 9. The REINSURER acknowledges that foreign travel policy application questions may not be used if prohibited by law.

Automatic Coverage. A. Reinsurance hereunder Except as provided below, the REINSURER will automatically be liable for its share, as defined in Schedule A, up to the limits shown in Schedule A, of ceded automatically reinsurance on Policies, provided that the following conditions precedent are satisfied: 1. Each Policy must be newly issued. Conversions of Policies that are not already covered under this Agreement shall not be considered “newly issued”; 2. Each Policy is reported and premiums are paid or credited; 3. Each Policy is written pursuant to the underwriting guidelines disclosed in Exhibit III; 4. The total amount of in force and new business insurance, including contractual increases, on a life written by the CEDING COMPANY at the time the applicable Policy is issued does not exceed the Automatic Binding Limits defined in Schedule A. In the event that a new Policy on an excess insured life causes the Automatic Binding Limits to be exceeded for that life, no portion of retention basis as shown that new Policy is eligible for reinsurance under this Agreement unless specifically agreed to in Exhibits A, B and D, and will be reported to writing by the REINSURER according to the terms in Exhibit E.REINSURER; B. The CEDING COMPANY may cede and the REINSURER will automatically accept reinsurance, if all of the following conditions are met for each life: 15. The CEDING COMPANY has retained its maximum limit of per life risk retention on the Policy (as shown defined in Exhibit A. 2. The Policy Plans reinsured are shown in Exhibit B. 3. The total of the new ultimate face amount of reinsurance required, including any contractual increases and the amount already reinsured Schedule A) or has collectively used its full retention on that life under this AGREEMENT the Policy and all other life agreements between the REINSURER and the CEDING COMPANY, does not exceed the Automatic Binding Limits as shown in Exhibit D.under previously issued in-force Policies on that life; 46. The total new ultimate face amount sum of insurance, including any contractual increases on that life in force with all companies, including the CEDING COMPANY, (a) and (b) does not exceed the Jumbo Limits as shown Limit stated in Exhibit D.Schedule A, where 5(a) is the amount of life insurance currently in force in all companies, including all coverage to be replaced, and (b) is the ultimate face amount, including scheduled face amount increases, currently applied for on that life in all companies; FNWL Agreement No. 08-004-TL Page 1 Coverage Effective 9-01-08 7. The CEDING COMPANY has not made facultative application on never submitted any portion of the current life risk(s) to be reinsured hereunder to any reinsurer within the last five (5) years unless the reason for prior facultative submission was solely for capacity that may now be accommodated within the terms of this AGREEMENT, or unless the case was issued and reinsured standard or subsequently rerated to standard.reinsurance; and 68. The risk insured is a permanent resident of the United StatesStates or its territories, Canadaor is a person that resides in the United States or its territories on a permanent basis, Puerto Rico for at least the preceding 12 months, and intends to continue residing in the United States or Guam. 7. Other than as agreed to by the REINSURER in writingits territories on a permanent basis, the policy but is not purchased, to the knowledge of the CEDING COMPANY, as part of a third party investment program where such third party lacks citizen and does not yet have an insurable interest in the insured or where such third party is engaging in insurance arbitrage. It is understood that the REINSURER has already signed off on the CEDING COMPANYs procedures in this regardalien registration receipt card. 8. The CEDING COMPANY applies its normal business guidelines as outlined in Exhibit A-1, on all policies. 9. The REINSURER acknowledges that foreign travel policy application questions may not be used if prohibited by law.

Automatic Coverage. A. Reinsurance hereunder will be ceded automatically by the CEDING COMPANY on an excess of retention basis as shown in Exhibits A, B and D, and will be reported to the REINSURER according to the terms in Exhibit E. B. The CEDING COMPANY may cede and the REINSURER will automatically accept reinsurance, if all of the following conditions are met for each life: 1. The CEDING COMPANY has retained its maximum limit of retention as shown in Exhibit A. 2. The Policy Plans reinsured are shown in Exhibit B. 3. The total of the new ultimate face amount of reinsurance required, including any contractual increases and the amount already reinsured on that life under this AGREEMENT and all other life agreements between the REINSURER and by the CEDING COMPANY, COMPANY does not exceed the Automatic Binding Limits as shown in Exhibit D. 4. The total new ultimate face sum of the amount of insurance, including any contractual increases insurance already in force and applied for on that life life, in force with all companies, including the CEDING COMPANY, does not exceed the Jumbo Limits as shown in Exhibit D. 5. The CEDING COMPANY has not made facultative application on the current life to any reinsurer within the last five (5) years unless the reason for prior facultative submission was solely for capacity that may now be accommodated within the terms of this AGREEMENT, or unless the case was issued and reinsured standard or subsequently rerated to standard. 6. The risk is a permanent resident of the United States, Canada, Puerto Rico or Guam. Please refer to Exhibit H for International risks. 7. Other than as agreed to The CEDING COMPANY applies the underwriting guidelines, practices and procedures for risk selection identified by the REINSURER in writing, the policy is not purchased, to the knowledge of the CEDING COMPANY, as part of a third party investment program where such third party lacks an insurable interest COMPANY in the insured or where such third party is engaging questionnaire titled “Underwriting Guidelines, Practices and Procedures”. The Reinsurer must consent in insurance arbitrage. It is understood that the REINSURER has already signed off on the CEDING COMPANYs procedures in this regardwriting to any material changes to these underwriting guidelines, practices and procedures. 8. The CEDING COMPANY applies its normal business guidelines as outlined in Exhibit A-1application is not on the life of an individual who is a member of the National Football League (NFL), on all policiesNational Basketball Association (NBA), Major League Baseball (MLB) or National Hockey League (NHL). 9. The REINSURER acknowledges that foreign travel policy application questions may not be used if prohibited by law. 10. The REINSURER has been supplied with the underwriting guidelines, preferred class and senior assessment documents. The CEDING COMPANY will promptly notify the REINSURER in advance of any proposed material changes to its underwriting guidelines, preferred class and senior assessment documents affecting business applicable to this AGREEMENT.

Automatic Coverage. A. Reinsurance hereunder Except as provided below, the REINSURER will automatically be liable for its share, as defined in Schedule A, up to the limits shown in Schedule A, of ceded automatically reinsurance on Policies, provided that the following conditions precedent are satisfied: 1. Each Policy must be newly issued. Conversions of Policies that are not already covered under this Agreement shall not be considered “newly issued”; 2. Each Policy is reported and premiums are paid or credited; 3. Each Policy is written pursuant to the underwriting guidelines disclosed in Exhibit IV; 4. The total amount of in force and new business insurance, including contractual increases, on a life written by the CEDING COMPANY at the time the applicable Policy is issued does not exceed the Automatic Binding Limits defined in Schedule A. In the event that a new Policy on an excess insured life causes the Automatic Binding Limits to be exceeded for that life, no portion of retention basis as shown that new Policy is eligible for reinsurance under this Agreement unless specifically agreed to in Exhibits A, B and D, and will be reported to writing by the REINSURER according to the terms in Exhibit E.REINSURER; B. The CEDING COMPANY may cede and the REINSURER will automatically accept reinsurance, if all of the following conditions are met for each life: 15. The CEDING COMPANY has retained its maximum limit of per life risk retention on the Policy (as shown defined in Exhibit A. 2. The Policy Plans reinsured are shown in Exhibit B. 3. The total of the new ultimate face amount of reinsurance required, including any contractual increases and the amount already reinsured Schedule A) or has collectively used its full retention on that life under this AGREEMENT the Policy and all other life agreements between the REINSURER and the CEDING COMPANY, does not exceed the Automatic Binding Limits as shown in Exhibit D.under previously issued in-force Policies on that life; 46. The total new ultimate face amount sum of insurance, including any contractual increases on that life in force with all companies, including the CEDING COMPANY, (a) and (b) does not exceed the Jumbo Limits as shown Limit stated in Exhibit D.Schedule A, where 5(a) is the amount of life insurance currently in force in all companies, including all coverage to be replaced, and (b) is the ultimate face amount, including scheduled face amount increases, currently applied for on that life in all companies; FNWL Agreement No. 07-003a-TL Page 1 Coverage Effective 9-01-08 7. The CEDING COMPANY has not made facultative application on never submitted any portion of the current life risk(s) to be reinsured hereunder to any reinsurer within the last five (5) years unless the reason for prior facultative submission was solely for capacity that may now be accommodated within the terms of this AGREEMENT, or unless the case was issued and reinsured standard or subsequently rerated to standard.reinsurance; and 68. The risk insured is a permanent resident of the United StatesStates or its territories, Canadaor is a person that resides in the United States or its territories on a permanent basis, Puerto Rico for at least the preceding 12 months, and intends to continue residing in the United States or Guam. 7. Other than as agreed to by the REINSURER in writingits territories on a permanent basis, the policy but is not purchased, to the knowledge of the CEDING COMPANY, as part of a third party investment program where such third party lacks citizen and does not yet have an insurable interest in the insured or where such third party is engaging in insurance arbitrage. It is understood that the REINSURER has already signed off on the CEDING COMPANYs procedures in this regardalien registration receipt card. 8. The CEDING COMPANY applies its normal business guidelines as outlined in Exhibit A-1, on all policies. 9. The REINSURER acknowledges that foreign travel policy application questions may not be used if prohibited by law.

Automatic Coverage. A. Reinsurance hereunder will be ceded automatically by the CEDING COMPANY on an excess of retention basis as shown in Exhibits A, B and D, and will be reported to the REINSURER according to the terms in Exhibit E. B. The CEDING COMPANY may cede and the REINSURER will automatically accept reinsurance, if all of the following conditions are met for each life: 1. The CEDING COMPANY has retained its maximum limit of retention as shown in Exhibit A. 2. The Policy Plans reinsured are shown in Exhibit B. 3. The total of the new ultimate face amount of reinsurance requiredreinsurance, including any contractual increases and the amount already reinsured on that life under this AGREEMENT and all other life agreements between the REINSURER and the CEDING COMPANY, COMPANY does not exceed the Automatic Binding Limits as shown in Exhibit D. 4. The total new ultimate face sum of the amount of insurance, including any contractual increases insurance already in force and applied for on that life in force life, with all companies, including the CEDING COMPANY, does not exceed the Jumbo Limits as shown in Exhibit D. 5. The CEDING COMPANY has not made facultative application on the current life to any reinsurer within the last five (5) years unless the reason for prior facultative submission was solely for capacity that may now be accommodated within the terms of this AGREEMENT, or unless the case was issued and reinsured standard or subsequently rerated to standard. 6. The risk is a permanent resident of the United States, Canada, Puerto Rico or Guam. 7. Other than as agreed to by the REINSURER in writing, the policy is not purchased, to the knowledge of the CEDING COMPANY, as part of a third party investment program where such third party lacks an insurable interest in the insured or where such third party is engaging in insurance arbitrage. It is understood that the REINSURER has already signed off on the CEDING COMPANYs procedures in this regard. 8. The CEDING COMPANY applies its normal business underwriting guidelines as outlined that have been agreed to in Exhibit A-1advance by the REINSURER. 8. The application is not on the life of an individual who is a member of the National Football League (NFL), on all policiesNational Basketball Association (NBA), Major League Baseball (MLB) or National Hockey League (NHL). 9. The REINSURER acknowledges that foreign travel policy application questions may not be used if prohibited by law. 10. The REINSURER has been supplied with the underwriting guidelines, preferred class and senior assessment documents. The CEDING COMPANY will promptly notify the REINSURER in advance of any proposed material changes to its underwriting guidelines, preferred class and senior assessment documents affecting business applicable to this AGREEMENT. C. New Business New business as defined in this Article and Article XI are those policies on which: a. The CEDING COMPANY has obtained complete and current underwriting evidence in accordance with its standard underwriting practices and guidelines on the full amount issued, including the highest face amount illustrated at issue, b. The full normal commissions are paid by the CEDING COMPANY for the new plan and c. The suicide and contestable provisions apply from the effective date of the new plan subject to any applicable state laws and regulations regarding suicide exclusions and contestability periods.

Automatic Coverage. A. Reinsurance hereunder will be ceded automatically by the CEDING COMPANY on an excess quota-share basis. The REINSURER’S percentage of retention basis as participation in each risk ceded will be shown in Exhibits A, B and D, and will be reported to the REINSURER according to the terms in Exhibit E.Schedule A. B. The For policies listed in Schedule A with an issue date on or after the effective date of this AGREEMENT, the CEDING COMPANY may will cede and the REINSURER will automatically accept reinsuranceits share of the excess risk, in accordance with the terms and conditions of this AGREEMENT, if all of the following conditions are met for each insured life: 1. For each risk on which reinsurance is ceded, the CEDING COMPANY will retain the appropriate retention amount, as specified in Schedule A, at the time of issue, taking into account both currently issued and previously issued policies. The CEDING COMPANY’s maximum retention limit must be greater than zero to cede business to the REINSURER. The CEDING COMPANY has retained will include any amounts issued by affiliated companies and may include amounts assumed via reinsurance in its maximum limit per life retention calculation. Affiliates is defined as a company within the AXA Financial Inc. Holding Company Group. The CEDING COMPANY may cede part of its retention as shown in Exhibit A.to other companies within the global AXA Group. 2. The Policy Plans reinsured are shown in Exhibit B. 3. The total of the new ultimate face amount of reinsurance requiredincluding contractual increases, including any contractual increases and the amount already reinsured on that life under this AGREEMENT and all other life agreements between the REINSURER and the CEDING COMPANY, COMPANY does not exceed the Total REINSURER Automatic Binding Limits set out in Schedule A. 3. The jumbo limit, as shown in Exhibit D. 4Schedule A, is not exceeded. The per life jumbo limit is defined as the total new face amount in-force and applied for in all companies. For coverage with contractual increases issued by the CEDING COMPANY or its affiliates (e.g. Return of Premium Rider), the ultimate face amount will be used in calculating the jumbo limit. Policies being replaced may be excluded from the “amount in-force” defined above, if either of insurancethe following conditions is met: 1) An existing term or permanent product is to be replaced, including any contractual increases on that life in force with all companiesor without a 1035 exchange, including and CEDING COMPANY has been provided with and submitted to the insurer an absolute assignment form, and/or 2) An internal replacement situation where an equal or greater amount of inforce coverage is being issued. The CEDING COMPANYCOMPANY assumes full responsibility to effect the cancellation of the policy being replaced, concurrently with the issuance of the replacement policy. If the cancellation does not exceed occur in a timely manner and this results in the Jumbo Limits as shown in Exhibit D.new policy exceeding the jumbo limit, the REINSURER has the right (at the point when the REINSURER is made aware of the jumbo violation) to decline reinsurance on the new policy and refund all related premiums. If the REINSURER exercises this right, then the policy will not be ceded under this AGREEMENT. 54. The CEDING COMPANY has not not, within three years prior to the date of application for the policy, made facultative application on for reinsurance of the current life risk to the REINSURER or any reinsurer within the last five (5) years other REINSURER unless the reason for any prior facultative submission was solely for capacity that may now be accommodated within the terms of this AGREEMENT, . 5. The insured(s) must be a permanent resident of the U.S. or unless the case was issued and reinsured standard Canada or subsequently rerated to standard.a foreign national residing in a country shown in Schedule A. 6. The risk is a permanent resident conventionally underwritten by the CEDING COMPANY according to the CEDING COMPANY’S standard underwriting practices, including those related to HIV testing. The CEDING COMPANY will use the underwriting manual, preferred underwriting guidelines, age and amount requirements and internal underwriting exception guidelines specified in SCHEDULE C for business reinsured under this AGREEMENT. The CEDING COMPANY will provide the REINSURER with thirty (30) days prior written notice of the United States, Canada, Puerto Rico or Guamany proposed material changes to its underwriting guidelines affecting business to which this AGREEMENT applies. 7. Other than as agreed to by the REINSURER The plan is listed in writing, the policy is not purchased, to the knowledge of the CEDING COMPANY, as part of a third party investment program where such third party lacks an insurable interest in the insured or where such third party is engaging in insurance arbitrage. It is understood that the REINSURER has already signed off on the CEDING COMPANYs procedures in this regard.Schedule A. 8. The issuance and delivery of the insurance constituted the doing of business in a jurisdiction in which the CEDING COMPANY applies its normal business guidelines as outlined in Exhibit A-1, on all policieswas properly licensed and the policy is authorized by the CEDING COMPANY’S corporate charter. 9. C. The REINSURER acknowledges CEDING COMPANY will exclude classes of business from this automatic arrangement that foreign travel fall outside the CEDING COMPANY’S policy application questions may not be used if prohibited by lawissue criteria.