Liability and Payment. The Reinsurer will accept the decision of the --------------------- Ceding Company with respect to Benefit Payments on annuities reinsured hereunder. The Reinsurer will pay its proportionate share of Benefit Payments in a lump sum to the Ceding Company without regard to the form of settlement by the Ceding Company.
Liability and Payment. In the event that the Reinsurer does not elect to participate in claims adjudication and administration, as described in Article I, Paragraph 7, the Reinsurer will accept the decision of the Ceding Company with respect to payment of a Claim on an Annuity. The Reinsurer will pay the Quota Share Percentage of Claims in a lump sum to the Ceding Company without regard to the form of settlement by the Ceding Company.
Liability and Payment. The Reinsurer shall accept the decision of the Cedent with respect to the determination and payment of Policy Benefit Payments. The Reinsurer shall pay the Indemnification for Benefit Payments in a lump sum to the Cedent without regard to the form of settlement by the Cedent.
Liability and Payment. The Reinsured’s good faith determinations regarding its liabilities under the policies of the Subject Business, including the Reinsured’s decisions to adjust, settle, and compromise all Claims will bind the Reinsurer. Notwithstanding anything contained in this Agreement to the contrary, the liability of the Reinsurer with respect to Claims will follow the liability of the Reinsured in all respects and will be subject to all good faith interpretations of contract provisions in the policies of the Subject Business by the Reinsured including interpretations resulting in the payment of Claims. Notwithstanding anything contained in this Agreement to the contrary, all such adjustments, settlements and compromises will be unconditionally binding upon the Reinsurer in proportion to the Reinsurer’s quota share participation, the true intent of this Agreement being that the Reinsurer will, in every case to which this Agreement applies, follow the fortunes, and follow the settlements of the Reinsured.
Liability and Payment. The Reinsurer shall accept the decision of the --------------------- Ceding Company with respect to the determination and payment of amounts comprising Net Benefit Payments.
Liability and Payment. The Reinsurer will accept the decision of the Ceding Company with respect to payments under Reinsured Contracts, provided that terms of the Reinsured Contracts are enforced strictly.
Liability and Payment. The Reinsurer shall be responsible for the handling of, and all costs and expenses relating to, the contest, compromise or litigation of claims under the Reinsured Policies which arise after the Effective Date. The Company will not contest, compromise, or litigate a claim with respect to a Reinsured Policy unless delegated to do so in writing by the Reinsurer. Notwithstanding the foregoing, the Reinsurer shall have no liability for costs and expenses for any litigation arising out of or based on any bad faith claims practices, willful misconduct, fraud or gross negligence of the Company (without attributing to the Company the actions of the Reinsurer).
Liability and Payment. The Company will accept the decision of the Reinsurer on payment of a claim or surrender on a policy reinsured hereunder. The Reinsurer agrees to utilize to the extent possible the claims practices of the Company. The Reinsurer will pay its proportionate share of such claim based upon the form of claim settlement determined. These amounts shall be paid within 15 business days after the end of each calendar month. In no instance shall anyone other than the Company or the Reinsurer have any rights under this Agreement, and the Company shall be and remain solely liable to any insured, policyowner, or beneficiary under any policy reinsured hereunder, unless said liability is caused by the actions of the Reinsurer, and in that instance, Reinsurer will be liable and defend any litigation at its own cost.
Liability and Payment. Unless the Reinsurer has made the election provided in Section 7.03 to participate in the contest, compromise or litigation of a claim, the Reinsurer will accept the decision of the Company on payment of a claim on a Reinsured SPDA. The Reinsurer will pay claims (including expenses incurred in connection with such claims) for Benefits (other than for the payment of periodic annuity payments if elected by the owner or annuitant) attributable to Reinsured SPDAs in a lump sum to the Company without regard to the form of claim settlement payable by the Company.
Liability and Payment. The Reinsurer will accept the decision of the Company on payment of a benefit on a policy reinsured hereunder. The Reinsurer will pay to the Company monthly the reinsurance benefit on the Policies. Such reinsurance benefit shall be defined as the Reinsurer's portion of the total death, surrender or other policy benefits paid by the Company, net of other reinsurance, during such month.
