Common use of EXTRA CONTRACTUAL OBLIGATIONS Clause in Contracts

EXTRA CONTRACTUAL OBLIGATIONS. Extra Contractual Obligations are obligations outside of the contractual obligations and include but are not limited to punitive damages, bad faith damages, compensatory damages, and other damages or statutory penalties which may arise from the willful and/or negligent acts or omissions by the Company. The Reinsurer is not liable for Extra Contractual Obligations unless it concurred in writing and in advance with the actions of the Company which ultimately led to the imposition of the Extra Contractual Obligations. In such situations, the Company and the Reinsurer will share in Extra Contractual Obligations, in equitable proportions, but all factors being equal, the division of any such assessments would be in proportion to the total risk accepted by each party for the plan of insurance involved. Notwithstanding anything stated herein, this Agreement will not apply to any Extra Contractual Obligations incurred by the Company as a result of any negligence, fraud or wrong doing by any employee or officer of the Company or an agent representing the Company.

Appears in 5 contracts

Samples: Form of Reinsurance Agreement (Fidelity Investments Variable Life Account I), Automatic Yrt Reinsurance Agreement (Llac Variable Account), Reinsurance Agreement (Nationwide Vli Separate Account 6)

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EXTRA CONTRACTUAL OBLIGATIONS. Extra Contractual Obligations are obligations outside of the contractual obligations and include but are not limited to punitive damages, bad faith damages, compensatory damages, and other damages or statutory penalties which may arise from the willful and/or negligent acts or omissions by the Company. The Reinsurer is not liable for Extra Contractual Obligations unless it concurred in writing and in advance with the actions of the Company which ultimately led to the imposition of the Extra Contractual Obligations. In such situations, the Company and the Reinsurer will share in Extra Contractual Obligations, in equitable proportions, but all factors being equal, the division of any such assessments would be in proportion to the total risk accepted by each party for the plan of insurance involved. Notwithstanding anything stated herein, this Agreement will not apply to any Extra Contractual Obligations incurred by the Company as a result of any negligence, fraud or wrong doing by any employee or officer of the Company or an agent representing the CompanyCompany unless there has been negligence, fraud or wrong doing by any employee or officer of the Reinsurer or an agent or representative of the Reinsurer.

Appears in 4 contracts

Samples: Reinsurance Agreement (Lincoln Life & Annuity Flexible Prem Vari Life Acct M), Reinsurance Agreement (Lincoln Life Flexible Premium Variable Life Account M), Reinsurance Agreement (Lincoln Life & Annuity Flexible Prem Vari Life Acct M)

EXTRA CONTRACTUAL OBLIGATIONS. Extra Contractual Obligations are obligations outside of the contractual obligations and include but are not limited to punitive damages, bad faith damages, compensatory damages, and other damages or statutory penalties which may arise from the willful and/or negligent acts or omissions by the Company. The Reinsurer is not liable for Extra Contractual contractual Obligations unless it concurred in writing and in advance with the actions of the Company which ultimately led to the imposition of the Extra Contractual Obligations. In such situations, the Company and the Reinsurer will share in Extra Contractual Obligations, in equitable proportions, but all factors being equal, the division of any such assessments would be in proportion to the total risk accepted by each party for the plan of insurance involved. Notwithstanding anything stated herein, this Agreement will not apply to any Extra Contractual Obligations incurred by the Company as a result of any negligence, fraud or wrong doing fraudulent and/or criminal act by any employee or officer of the Company or an agent representing Company, acting individually, collectively or in collusion in the Companypresentation, defense, or settlement of any claim.

Appears in 3 contracts

Samples: Automatic Self Administered Yrt Reinsurance Agreement (Llac Variable Account), Automatic Self Administered Yrt Reinsurance Agreement (Llac Variable Account), Yrt Reinsurance Agreement (Llac Variable Account)

EXTRA CONTRACTUAL OBLIGATIONS. Extra Contractual Obligations are obligations outside of the contractual obligations and include but are not limited to punitive damages, bad faith damages, compensatory damages, and other damages or statutory penalties which may arise from the willful and/or negligent acts or omissions by the Company. The Reinsurer is not liable for Extra Contractual Obligations unless it concurred in writing and in advance with the actions of the Company which ultimately led to the imposition of the Extra Contractual Obligations. In such situations, the Company and the Reinsurer will share in Extra Contractual Obligations, in equitable proportions, but all factors being equal, the division of any such assessments would be in proportion to the total risk accepted by each party for the plan of insurance involved. Notwithstanding anything stated herein, this Agreement will not apply to any Extra Contractual Obligations incurred by the Company as a result of any negligence, fraud or wrong doing fraudulent and/or criminal act by any employee or officer of the Company or an agent representing the Company, acting individually, collectively or in collusion in the presentation, defense, or settlement of any claim.

Appears in 2 contracts

Samples: Automatic Self Administered Yrt Reinsurance Agreement (National Variable Life Insurance Account), Yrt Reinsurance Agreement (Carillon Life Account)

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EXTRA CONTRACTUAL OBLIGATIONS. Extra Contractual Obligations are obligations outside of the contractual obligations and include but are not limited to punitive damages, bad faith damages, compensatory damages, and other damages or statutory penalties which may arise from the willful and/or negligent acts or omissions by the Company. The Reinsurer is not liable for Extra Contractual Obligations unless it concurred in writing and in advance with the actions of the Company which ultimately led to the imposition of the Extra Contractual Obligations. In such situations, the Company and the Reinsurer will share in Extra Contractual Obligations, in equitable proportions, but all factors being equal, the division of any such assessments would be in proportion to the total risk accepted by each party for the plan of insurance involved. Notwithstanding anything stated herein, this Agreement will not apply to any Extra Contractual Obligations incurred by the Company as a result of any negligence, fraud or wrong doing by any employee or officer of the Company or an agent representing the Company.. 12

Appears in 1 contract

Samples: Reinsurance Agreement (National Variable Life Insurance Account)

EXTRA CONTRACTUAL OBLIGATIONS. Extra Contractual Obligations are obligations outside of the contractual obligations and include include, but are not limited to to, punitive damages, bad faith damages, compensatory damages, and other damages or statutory penalties which may arise from the willful and/or negligent acts or omissions by the Company. The Reinsurer is not liable for Extra Contractual Obligations unless it concurred concurred, in writing writing, and in advance with the actions of the Company which ultimately led to the imposition of the Extra Contractual Obligations. In such situations, the Company and the Reinsurer will share in Extra Contractual Obligations, in equitable proportions, but all factors being equal, the division of any such assessments would be in proportion to the total risk accepted by each party for the plan of insurance involved. Notwithstanding anything stated herein, this Agreement will not apply to any Extra Contractual Obligations incurred by the Company as a result of any negligence, fraud or wrong doing by any employee or officer of the Company or an agent representing the Company.

Appears in 1 contract

Samples: Reinsurance Agreement (Eastern Insurance Holdings, Inc.)

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