Common use of Policy Changes Clause in Contracts

Policy Changes. RATE INCREASES If any change is made in a Policy by the Company that affects reinsurance hereunder, the Administrator shall immediately deliver written notice thereof to the Reinsurer. Except for Policy changes required by state or federal law or regulation any proposed change shall not be effective until approved in writing by the Reinsurer. From and after the Effective Date, each of the Administrator and the Company, shall, or shall cause its duly appointed actuary or representative to, timely file with all applicable regulatory authorities a request for rate increases with respect to the Policies reinsured under this agreement. Such rate increase filings shall be made (i) within fifteen (15) days after the date on which such rate increase filings are requested in writing by the Reinsurer to the Administrator, and (ii) in the amounts requested by the Reinsurer up to amounts permitted by applicable law based upon all relevant factors, including without limitation, loss experience for the Policies. The costs of calculating the rate increase amount, if calculated by an outside actuary or other qualified outside representative of he Administrator, shall be borne by the Reinsurer in proportion to its share of liability hereunder. The Administrator, on behalf of the Company, agrees to deliver to the Reinsurer within forty-five (45) days after the end of each calendar quarter a written report showing: 1. The loss experience on the Policies reinsured under this Agreement for the preceding quarter; and 2. The dates on which increase filings were actually made for Policies reinsured under this Agreement for the preceding quarter if any; and 3. The amounts of the rate increases which were filed and the amounts which were approved for Policies reinsured under this Agreement; and 4. Whether approval of the rate increase filings have been obtained, and 5. Any other information reasonably requested by the Reinsurer relating to the Policies reinsured under this Agreement. It is acknowledged and agreed that the making of timely rate increase filings as requested by the Reinsurer under this Agreement is a material inducement to the Reinsurer agreeing to enter into this Agreement and that absent the assurance that such filings will be made and the Reinsurer's reliance on such assurance, the Reinsurer would not have entered into this Agreement. Accordingly, the parties hereto agree that the failure or refusal by the Administrator or the Company to comply strictly with the material requirements of this Article XXIII shall constitute a material breach of this Agreement by the Company, and the Reinsurer may, in its discretion, suspend performance of its obligations under this Agreement (without incurring an any liability, including without limitation, interest or other penalties on amounts due from the Reinsurer hereunder) by delivering to the Company and the Administrator written notice of the Reinsurer's intent to suspend performance of its obligations under this Agreement (the "Suspension Notice"). If the Administrator or the Company has not cured, or diligently pursued the cure of, the material breach this Article XXIII within ten (10) business days after the date of the Suspension Notice, then the Reinsurer may, in its discretion, immediately terminate this Agreement, in which case the Reinsurer shall have no further liability or obligations whatsoever under this Agreement from and after the date of such termination. Upon a cure of the material breach by the Administrator or the Company, the Reinsurer shall perform its obligations with respect to such material breach relating back to the date of such suspension of the Reinsurer's obligations with no interruption of reinsurance coverage.

Appears in 1 contract

Sources: Reinsurance Agreement (Provident American Corp)

Policy Changes. RATE INCREASES A. The Ceding Company shall notify the Reinsurer of all policy terminations and changes that affect the reinsurance. Unearned reinsurance premiums on such terminations or changes shall be refunded. If any change is made in a Policy by the Company that affects reinsurance hereunderplan, the Administrator shall immediately deliver written notice thereof amount of reinsurance or the premiums of a reinsured policy are changed, the Ceding Company will inform the Reinsurer through the next billing. Whenever a reinsured policy is changed and the Ceding Company’s underwriting rules do not require that full evidence be obtained, the reinsurance will remain in effect with the Reinsurer. The suicide, contestability and periods applicable to the original reinsured policy will apply to the reissued reinsured policy and the duration will be measured from the effective date of the original reinsured policy. Whenever a reinsured policy is changed and the Ceding Company’s underwriting rules require that full evidence be obtained, the change will be subject to the Reinsurer. Except for Policy changes required by state or federal law or regulation any proposed change shall not be effective until approved in writing by the Reinsurer. From and after the Effective Date’s approval, each of the Administrator and the Company, shall, or shall cause its duly appointed actuary or representative to, timely file with all applicable regulatory authorities a request for rate increases with respect to the Policies reinsured under this agreement. Such rate increase filings shall be made (i) within fifteen (15) days after the date on which such rate increase filings are requested in writing by the Reinsurer to the Administrator, and (ii) in the amounts requested by the Reinsurer up to amounts permitted by applicable law based upon all relevant factors, including without limitation, loss experience for the Policies. The costs of calculating the rate increase amount, if calculated by an outside actuary or other qualified outside representative of he Administrator, shall be borne by the Reinsurer in proportion to its share of liability hereunder. The Administrator, on behalf of the Company, agrees to deliver to the Reinsurer within forty-five (45) days after the end of each calendar quarter a written report showingif: 1. The loss experience on the Policies new amount of the reinsured under this Agreement for policy would be in excess of the preceding quarterAutomatic Acceptance Limit, in effect at the time of the change, as set out in Schedule B – Reinsurance Limits; andor 2. The dates the new amount of the policy and the amount already in force on which increase filings were actually made for Policies reinsured under this Agreement for the preceding quarter if anysame life exceeds the Jumbo Limit stated in Schedule B – Reinsurance Limits; andor 3. the Reinsured policy is submitted for facultative excess of Ceding Company’s automatic binding capacity. The amounts amount of any non-contractual increase will be subject to the rate increases which were filed and the amounts which were approved for Policies reinsured Limits stated in Schedule B – Reinsurance Limits. For changes not covered under this Agreement; and, which affect the terms of any reinsured policy, the Ceding Company must obtain the Reinsurer’s approval before such changes become effective. 4. Whether approval B. If any portion of the rate increase filings have been obtainedCeding Company’s insurance risk is terminated or reduced, and 5the reinsurance shall be reduced by a proportionate amount. Any The reduction shall first apply to any reinsurance on the policy being reduced, and then if applicable in a chronological order according to policy date; (“first in, first out”) to any reinsurance on the other information reasonably requested by policies on the Reinsurer relating life. However, the Ceding Company will not be required to assume a risk for an amount in excess of its regular retention for the Policies reinsured under this Agreement. It is acknowledged and agreed that the making of timely rate increase filings as requested by the Reinsurer under this Agreement is a material inducement to the Reinsurer agreeing to enter into this Agreement and that absent the assurance that such filings will be made age at issue and the Reinsurer's reliance on such assurance, the Reinsurer would not have entered into this Agreement. Accordingly, the parties hereto agree that the failure or refusal by the Administrator or the Company to comply strictly with the material requirements of this Article XXIII shall constitute a material breach of this Agreement by the Company, and the Reinsurer may, in its discretion, suspend performance of its obligations under this Agreement (without incurring an any liability, including without limitation, interest or other penalties on amounts due from the Reinsurer hereunder) by delivering to the Company and the Administrator written notice mortality rating of the Reinsurer's intent to suspend performance of its obligations policy under this Agreement (the "Suspension Notice")which reinsurance is being terminated. If there are other reinsurers, each one shall share in the Administrator or the Company has not cured, or diligently pursued the cure of, the material breach this Article XXIII within ten (10) business days after the date reduction according to its proportion of the Suspension Notice, then the Reinsurer may, in its discretion, immediately terminate this Agreement, in which case the Reinsurer shall have no further liability or obligations whatsoever under this Agreement from and after the date of such termination. Upon a cure of the material breach by the Administrator or the Company, the Reinsurer shall perform its obligations with respect to such material breach relating back to the date of such suspension of the Reinsurer's obligations with no interruption of reinsurance coveragetotal reinsurance.

Appears in 1 contract

Sources: Automatic Yrt Agreement (Massachusetts Mutual Variable Life Separate Account I)

Policy Changes. RATE INCREASES If any change is made in a Policy by the The Company that affects reinsurance hereunder, the Administrator shall immediately deliver written notice thereof to the Reinsurer. Except for Policy changes required by state or federal law or regulation any proposed change shall not be effective until approved in writing by the Reinsurer. From and after the Effective Date, each of the Administrator and the Company, shall, or shall cause its duly appointed actuary or representative to, timely file with all applicable regulatory authorities a request for rate increases with respect to the Policies reinsured under this agreement. Such rate increase filings shall be made (i) within fifteen (15) days after the date on which such rate increase filings are requested in writing by the Reinsurer to the Administrator, and (ii) in the amounts requested by the Reinsurer up to amounts permitted by applicable law based upon all relevant factors, including without limitation, loss experience for the Policies. The costs of calculating the rate increase amount, if calculated by an outside actuary or other qualified outside representative of he Administrator, shall be borne by notify the Reinsurer in proportion the Terminations and Changes Report of any change to one of its share of liability hereunder. The Administrator, on behalf of the Company, agrees to deliver to the Reinsurer within forty-five (45) days after the end of each calendar quarter a written report showing: 1. The loss experience on the Policies reinsured under this Agreement for the preceding quarter; and 2. The dates on which increase filings were actually made for Policies reinsured under this Agreement for the preceding quarter if any; and 3. The amounts of the rate increases which were filed and the amounts which were approved for Policies reinsured under this Agreement; and 4. Whether approval of the rate increase filings have been obtained, and 5. Any other information reasonably requested by the Reinsurer relating to the Policies reinsured policies that affects any cession under this Agreement. It is acknowledged Reductions and agreed that Cancellations If a change involves a reduction in the making sum insured under the Company’s policy or policies on any one life the amount of timely rate increase filings as requested reinsurance carried by the Reinsurer on that life shall be reduced simultaneously in proportion to the reduction under the original policy or policies, but no such change under one of the Company’s policies not reinsured hereunder shall affect any cession under this Agreement is a material inducement to on the Reinsurer agreeing to enter into this Agreement and that absent the assurance that such filings will be made and the Reinsurer's reliance on such assurancesame life. However, the Reinsurer would not have entered into this Agreement. Accordingly, fluctuation in the parties hereto agree that the failure or refusal amount at risk caused by the Administrator or normal operation of the Company to comply strictly cash value fund will not affect the proportion of the amount at risk which is reinsured. Such reinsured proportion shall remain at the same level as used at issue. Lapses When a reinsured policy lapses, at the end of the grace period in accordance with the material requirements rules of this Article XXIII shall constitute a material breach of this Agreement by the Company, and the Reinsurer may, in its discretion, suspend performance of its obligations under this Agreement (without incurring an any liability, including without limitation, interest or other penalties on amounts due from the Reinsurer hereunder) by delivering to the Company and the Administrator written notice of the Reinsurer's intent to suspend performance of its obligations under this Agreement (the "Suspension Notice"). If the Administrator or the Company has not cured, or diligently pursued the cure of, the material breach this Article XXIII within ten (10) business days after the date of the Suspension Notice, then the Reinsurer may, in its discretion, immediately terminate this Agreement, in which case the Reinsurer shall have no further liability or obligations whatsoever under this Agreement from and after the date of such termination. Upon a cure of the material breach by the Administrator or the Company, the Reinsurer shall perform be notified in the next Terminations and Changes Report. Reinstatements If a policy reinsured on an automatic basis is reinstated in accordance with its obligations with respect terms or the rules of the Company, the reinsurance shall be reinstated automatically by the Reinsurer. The approval of the Reinsurer must be obtained before any policy reinsured on a facultative basis may be reinstated. Notification of reinstatement shall appear on the next Terminations and Changes Report. Special Changes The routine changes referred to above will not cause any change in the rates of reinsurance premiums and commissions applicable to any cession, but if any special or unusual change is requested that may affect the terms of the cession in question, the Reinsurer’s approval shall be obtained before such a change becomes effective. Unearned Premium The Reinsurer shall refund to the Company, without interest, any unearned premiums, net of commissions, arising due to such material breach relating back reductions or cancellations or death claims, in its monthly account. The Reinsurer shall take credit for the balance of arrears of premiums due under a reinstated cession. In the event of termination, lapse or death claim, unearned premiums, net of commissions, will be refunded according to the date following formula: Number of such suspension of the Reinsurer's obligations with no interruption of reinsurance coverage.days to next policy anniversary x premium

Appears in 1 contract

Sources: Reinsurance Agreement (Union Security Insurance Co Variable Account C)

Policy Changes. RATE INCREASES -------------------------------------------- If any change is made in a Policy by the Company that affects reinsurance hereunder, the Administrator Company shall immediately deliver written notice thereof to the Reinsurer. Except for Policy changes Changes required by state or federal law or regulation regulation, any proposed change shall not be effective until approved in writing by the Reinsurer. From and after the Effective Date, each of the Administrator and the Company, Company shall, or shall cause its duly appointed actuary or representative to, timely file with all applicable regulatory authorities a request for rate increases with respect to the Policies reinsured under this agreementAgreement that are subject to rate increases. Such rate increase filings shall be made (i) within fifteen (15) days after the date on which such rate increase filings are requested in writing by the Reinsurer to the AdministratorCompany, and (ii) in the amounts requested by the Reinsurer up to amounts permitted by applicable law based upon all relevant factors, including without limitation, loss experience for the Policies. The costs of calculating the rate increase amount, if calculated by an outside actuary or other qualified outside representative of he Administratorthe Company, shall be borne by the Reinsurer in proportion to its share of liability hereunder. The Administrator, on behalf of the Company, Company agrees to deliver to the Reinsurer within forty-five (45) days after the end of each calendar quarter a written report showing: 1. The loss experience on the Policies reinsured under this Agreement for the preceding quarter; and 2. The dates on which rate increase filings were actually made for Policies reinsured under this Agreement for the preceding quarter quarter, if any; and 3. The amounts of the rate increases which were filed and the amounts which were approved for Policies reinsured under this Agreement; and 4. Whether approval of the rate increase filings have been obtained, ; and 5. Any other information reasonably requested by the Reinsurer relating to the Policies reinsured under this Agreement. It is acknowledged and agreed that the making of timely rate increase filings as requested by the Reinsurer under this Agreement is a material inducement to the Reinsurer agreeing to enter into this Agreement and that absent the assurance that such filings will be made and the Reinsurer's reliance on such assurance, the Reinsurer would not have entered into this Agreement. Accordingly, the parties hereto agree that the failure or refusal by the Administrator or the Company to comply strictly with the material requirements of this Article XXIII XXII shall constitute a material breach of this Agreement by the Company, Company and the Reinsurer may, in its discretion, suspend performance of its obligations under this Agreement (without incurring an any liability, including without limitation, interest or other penalties on amounts due from the Reinsurer hereunder) by delivering to the Company and the Administrator written notice of the Reinsurer's intent to suspend performance of its obligations under this Agreement (the "Suspension Notice"). If the Administrator or the Company has not cured, or diligently pursued the cure of, ; the material breach of this Article XXIII XXII within ten (10) business days after the date of the Suspension Notice, then the Reinsurer may, in its discretion, immediately terminate this Agreement, in which case the Reinsurer shall have no further liability or obligations whatsoever under this Agreement from and after Agreement. On the date of such termination, the Reinsurer shall have no liability with respect to Policies issued by the Company on and after such date of termination. The Reinsurer shall continue to be liable for reinsurance hereunder with respect to Losses under Policies in force as of the date of termination. Upon a cure of the material breach by the Administrator or the Company, the Reinsurer shall perform its obligations with respect to such material breach relating back to the date of such suspension of the Reinsurer's obligations with no interruption of reinsurance coverage.

Appears in 1 contract

Sources: Reinsurance Agreement (Ceres Group Inc)

Policy Changes. RATE INCREASES If All policies reinsured under this Agreement shall be issued in accordance with the Ceding Company’s normal standards and guidelines related to conversions, exchanges and replacements which are in effect on the effective date of this Agreement (“CER Guidelines”) and have been provided to Reinsurer. The Ceding Company shall notify Reinsurer within of the effective date of any proposed material change is made in a Policy by the Company that affects reinsurance hereunder, the Administrator shall immediately deliver written notice thereof to the ReinsurerCER Guidelines. Except for Policy changes required by state or federal law or regulation any If Reinsurer agrees to the proposed material change in writing, then such change shall become a part of the CER Guidelines. In the event that Reinsurer does not respond within , Reinsurer shall be deemed to have accepted such change. If Reinsurer rejects such proposed change in writing, such proposed change shall not be effective until approved in writing by the Reinsurer. From and after the Effective Date, each become a part of the Administrator CER Guidelines and the Company, shall, or shall cause its duly appointed actuary or representative to, timely file with all applicable regulatory authorities a request for rate increases with respect not be applied to the Policies reinsured under this agreement. Such rate increase filings shall be made (i) within fifteen (15) days after the date on which such rate increase filings are requested in writing by the Reinsurer to the Administrator, and (ii) in the amounts requested by the Reinsurer up to amounts permitted by applicable law based upon all relevant factors, including without limitation, loss experience for the Policies. The costs of calculating the rate increase amount, if calculated by an outside actuary or other qualified outside representative of he Administrator, shall be borne by the Reinsurer in proportion to its share of liability hereunder. The Administrator, on behalf of the Company, agrees to deliver to the Reinsurer within forty-five (45) days after the end of each calendar quarter a written report showing: 1. The loss experience on the Policies reinsured under this Agreement for the preceding quarter; and 2. The dates on which increase filings were actually made for Policies reinsured under this Agreement for the preceding quarter if any; and 3. The amounts of the rate increases which were filed and the amounts which were approved for Policies reinsured under this Agreement; and 4. Whether approval of the rate increase filings have been obtained, and 5. Any other information reasonably requested by the Reinsurer relating to the Policies policies reinsured under this Agreement. It is acknowledged The Ceding Company’s CER Guidelines are incorporated herein by reference and shall form an integral part of this Agreement. Unless mutually agreed otherwise, policies that the making of timely rate increase filings as requested by the are not reinsured with Reinsurer and that exchange or convert to a plan covered under this Agreement is a material inducement to will not be reinsured after the CER event hereunder. A. The Ceding Company shall notify the Reinsurer agreeing to enter into this Agreement of all policy terminations and changes that absent affect the assurance that such filings will be made and the Reinsurer's reliance reinsurance. Unearned reinsurance premiums on such assuranceterminations or changes shall be refunded. B. If any portion of the Ceding Company’s insurance risk is terminated, the Reinsurer would not have entered into this Agreementreinsurance shall be reduced by a proportionate amount. AccordinglyIf there are other reinsurers, each one shall share in the parties hereto agree that reduction according to its proportion of the failure or refusal by the Administrator or the Company to comply strictly with the material requirements of this Article XXIII shall constitute total reinsurance. C. If a material breach of this Agreement by the Company, and the Reinsurer may, in its discretion, suspend performance of its obligations policy reinsured under this Agreement (without incurring an any liability, including without limitation, interest lapses to extended term or other penalties on amounts due from the Reinsurer hereunder) by delivering to the Company and the Administrator written notice of the Reinsurer's intent to suspend performance of its obligations under this Agreement (the "Suspension Notice"). If the Administrator or the Company has not cured, or diligently pursued the cure of, the material breach this Article XXIII within ten (10) business days after the date of the Suspension Notice, then the Reinsurer may, in its discretion, immediately terminate this Agreement, in which case the Reinsurer shall have no further liability or obligations whatsoever under this Agreement from and after the date of such termination. Upon a cure of the material breach by the Administrator or the Companypaid-up insurance, the Reinsurer shall perform its obligations with respect to such material breach relating back share in an adjustment in the amount of reinsurance on the policy in the same proportion as the reinsurance amount had to the date of such suspension of insurance amount immediately prior to the Reinsurer's obligations with no interruption of reinsurance coveragepolicy lapsing. D. Reinsurance shall be terminated on any policy where the net amount at risk reinsured is less than $ , rounded to the nearest dollar. [page break]

Appears in 1 contract

Sources: Automatic and Facultative Yrt Agreement (Massachusetts Mutual Variable Life Separate Account I)

Policy Changes. RATE INCREASES If any change is made in a Policy by the Company that affects reinsurance hereunder, the Administrator shall immediately deliver written notice thereof to the Reinsurer. Except for Policy changes required by state or federal law or regulation any proposed change shall not be effective until approved in writing by the Reinsurer. From and after the Effective Date, each of the Administrator and the Company, shall, or shall cause its duly appointed actuary or representative to, timely file with all applicable regulatory authorities a request for rate increases with respect to the Policies reinsured under this agreement. Such rate increase filings shall be made (i) within fifteen (15) days after the date on which such rate increase filings are requested in writing by the Reinsurer to the Administrator, and (ii) in the amounts requested by the Reinsurer up to amounts permitted by applicable law based upon all relevant factors, including without limitation, loss experience for the Policies. The costs of calculating the rate increase amount, if calculated by an outside actuary or other qualified outside representative of he Administrator, shall be borne by the Reinsurer in proportion to its share of liability hereunder. The Administrator, on behalf of the Company, agrees to deliver to the Reinsurer within forty-five (45) days after the end of each calendar quarter a written report showing: 1. The loss experience Ceding Company will include any changes in the List of Amendments described in Exhibit VII. 2. If the face amount or death benefit is increased according to procedures in the policy, the Net Amount at Risk Reinsured and the Proportion of the Policy Reinsured will be recalculated. Such increases are subject to the submission of satisfactory evidence of insurability and will therefore be treated as new issues, subject to the provisions of Article I and the limitations shown in Exhibit II. Reinsurance premiums for such increased amounts will be calculated as for other new issues. 3. If any portion of the total insurance retained by the Ceding Company on any life is reduced or terminated, the amount of reinsurance carried by the Ceding Company on that life will be reduced by a like amount. The reinsurance on the Policies policy or policies reduced or terminated will be the first to be reduced. If further reduction in reinsurance is required, the cessions to be reduced or terminated will be determined by the order in which they were reinsured. The first to be reinsured would be the first to be reduced or terminated, and so on. If the reinsurance is shared by two or more reinsurers, the reduction will be prorated among all the reinsurers. 4. If a policy reinsured automatically lapses and is reinstated in accordance with the Ceding Company's standard rules and procedures, reinsurance for the amount at risk effective at the time of the lapse will be reinstated automatically at the date of reinstatement of the policy. The Ceding Company will notify [ ] of the reinstatement on its periodic statement of account. The Ceding Company will send [ ] copies of its reinstatement papers only upon request. [ ] will not need to approve reinstatement of a policy reinsured under this Agreement for on a facultative basis when: a) the preceding quarterCeding Company has kept its full retention on the policy; and 2b) the reinsured amount falls within the Automatic Acceptance Limits shown in Exhibit A. Otherwise, the Ceding Company will need [ ]'s prior review and approval for reinstatement of any facultative reinsurance. The dates on which increase filings were actually made for Policies reinsured under this Agreement for Ceding Company will send [ ] prompt written notice of its intention to reinstate the preceding quarter if any; and 3policy along with copies of the reinstatement papers required by its standard rules and procedures. The amounts of reinsurance will be reinstated at the rate increases which were filed and same time as the amounts which were approved for Policies reinsured under this Agreement; and 4. Whether policy, subject to [ ]'s written approval of the rate increase filings have been obtained, and 5reinstatement. Any other information reasonably requested by the Reinsurer relating to the Policies reinsured under this Agreement. It is acknowledged and agreed that the making The Ceding Company will notify [ ] of timely rate increase filings as requested by the Reinsurer under this Agreement is a material inducement to the Reinsurer agreeing to enter into this Agreement and that absent the assurance that such filings will be made and the Reinsurer's reliance all reinstatements on such assurance, the Reinsurer would not have entered into this Agreement. Accordingly, the parties hereto agree that the failure or refusal by the Administrator or the Company to comply strictly with the material requirements its periodic statement of this Article XXIII shall constitute a material breach of this Agreement by the Companyaccount, and the Reinsurer may, in its discretion, suspend performance of its obligations under this Agreement (without incurring an any liability, including without limitation, interest or other penalties on amounts will pay all reinsurance payments due from the Reinsurer hereunder) by delivering date of reinstatement to the Company and the Administrator written notice of the Reinsurer's intent to suspend performance of its obligations under this Agreement (the "Suspension Notice"). If the Administrator or the Company has not cured, or diligently pursued the cure of, the material breach this Article XXIII within ten (10) business days after the date of the Suspension Noticecurrent statement of account, then the Reinsurer mayincluding a proportionate share of interest collected. Thereafter, reinsurance payments will be in its discretion, immediately terminate this Agreement, in which case the Reinsurer shall have no further liability or obligations whatsoever under this Agreement from and after the date of such termination. Upon a cure of the material breach by the Administrator or the Company, the Reinsurer shall perform its obligations accordance with respect to such material breach relating back to the date of such suspension of the Reinsurer's obligations with no interruption of reinsurance coverage.Article V.

Appears in 1 contract

Sources: Automatic Reinsurance Agreement (Travelers Fund Ul Iii for Variable Life Insurance)

Policy Changes. RATE INCREASES If You may make the following changes to this policy, as long as the policy is not in the Grace Period. We reserve the right, however, to not accept any change is made in which might disqualify this policy as life insurance under federal tax law. Our acceptance of any of your changes does not imply there will be no effect on the qualification of your policy as life insurance as a Policy by result of your changes. The policy will be amended or endorsed to reflect the Company that affects reinsurance hereunderadjustment and its effect upon policy benefits, Required Premium for the Administrator shall immediately deliver written notice thereof to No-Lapse Guarantee, Face Amount Charges, Surrender Charges and/or Cost of Insurance rates, if applicable, and any other applicable charges. Increase the Reinsurer. Except for Policy changes required by state or federal law or regulation any proposed change shall not be effective until approved in writing by the Reinsurer. From and after the Effective Date, each Face Amount of Insurance - You may request an increase of the Administrator and Base Face Amount and/or the Company, shall, or shall cause its duly appointed actuary or representative to, timely file with all applicable regulatory authorities a request for rate increases with respect to the Policies reinsured under this agreement. Such rate increase filings shall be made (i) within fifteen (15) days Supplemental Face Amount at any time after the date specified on which such rate the Policy Data Page, by providing a proper written application and evidence of insurability satisfactory to us. The amount of the increase filings are requested in writing by the Reinsurer must be at least equal to the Administratorminimum amount shown on the Policy Data Page, and (ii) is subject to our underwriting limits. An increase in the amounts requested by Base Face Amount will generate its own Face Amount Charge and Surrender Charge schedule. If the Reinsurer up to amounts permitted by applicable law based upon all relevant factorspolicy is within the No-Lapse Guarantee Period, including without limitation, loss experience the Required Premium for the PoliciesNo-Lapse Guarantee will increase. The costs of calculating the rate increase amount, if calculated by an outside actuary or other qualified outside representative of he Administrator, shall be borne by the Reinsurer in proportion to its share of liability hereunder. The Administrator, on behalf effective date of the Company, agrees to deliver to increase will be the Reinsurer within forty-five (45) days after the end of each calendar quarter a written report showing: 1. The loss experience on the Policies reinsured under this Agreement for the preceding quarter; and 2. The dates on which increase filings were actually made for Policies reinsured under this Agreement for the preceding quarter if any; and 3. The amounts of the rate increases which were filed and the amounts which were approved for Policies reinsured under this Agreement; and 4. Whether Monthiversary date following our approval of the rate increase. Decrease the Face Amount of Insurance - You may request a decrease of the Total Face Amount by Proper Notice at any time after the date specified on the Policy Data Page. The minimum amount of any decrease is shown on the Policy Data Page. You may not make a decrease which reduces the Base Face Amount of the policy below the minimum amount shown on the Policy Data Page. A decrease of the Total Face Amount will be effective on the Monthiversary following our receipt of Proper Notice. If you have made any increases to the policy, the decrease will first be applied to reduce those increases, starting with the most recent increase. When Supplemental Face Amount is added at Issue or as part of an increase filings it is assumed to have been obtainedadded after any Base Face Amount which was effective on that same date. Therefore, anddecreases will reduce Supplemental Face Amount before reducing Base Face Amount which was issued on the same date. The decrease will not cause a decrease in the Required Premium for No- Lapse Guarantee, the Face Amount Charge or the Surrender Charges. Changing the Death Benefit Option - You may request the following changes in the Death Benefit Option by Proper Notice at any time after the date specified on the Policy Data Page. Changes from Option 1 to Option 3 and from Option 2 to Option 3 are not allowed. 5. Any other information reasonably requested Option 2 to 1 If you request a change from Option 2 to Option 1, the Total Face Amount will be increased by the Reinsurer relating amount of the Account Value on the date of change. The change will be effective on the Monthiversary following our receipt of Proper Notice. If you request a change from Option 1 to Option 2, the Policies reinsured under this Agreement. It is acknowledged and agreed that the making of timely rate increase filings as requested Total Face Amount will be decreased by the Reinsurer under this Agreement is a material inducement to amount of the Reinsurer agreeing to enter into this Agreement and that absent Account Value on the assurance that such filings date of change. We may require satisfactory evidence of insurability. The change will be made and effective on the Reinsurer's reliance Monthiversary following our approval of the change. We will not permit a change which would decrease the Base Face Amount below the minimum amount shown on such assurancethe Policy Data Page. If you request a change from Option 3 to Option 1, the Reinsurer would not have entered into this AgreementTotal Face Amount will be increased by the amount of the Net Accumulated Premiums on the date of change. AccordinglyThe change will be effective on the Monthiversary following our receipt of Proper Notice. If you request a change from Option 3 to Option 2, the parties hereto agree that the failure Total Face Amount may be increased or refusal by the Administrator or the Company to comply strictly with the material requirements of this Article XXIII shall constitute a material breach of this Agreement by the Company, and the Reinsurer may, in its discretion, suspend performance of its obligations under this Agreement (without incurring an any liability, including without limitation, interest or other penalties on amounts due from the Reinsurer hereunder) by delivering to the Company and the Administrator written notice of the Reinsurer's intent to suspend performance of its obligations under this Agreement (the "Suspension Notice")decreased. If the Administrator or Account Value is greater than the Company has not cured, or diligently pursued the cure ofNet Accumulated Premiums, the material breach this Article XXIII within ten (10) business days after Total Face Amount will be decreased by the difference between the Account Value and the Net Accumulated Premiums on the date of change. If the Suspension Notice, then Account Value is less than the Reinsurer may, in its discretion, immediately terminate this Agreement, in which case Net Accumulated Premiums the Reinsurer shall have no further liability or obligations whatsoever under this Agreement from Total Face Amount will be increased by the difference between the Account Value and after the Net Accumulated Premiums on the date of such terminationchange. Upon a cure We may require satisfactory evidence of insurability. The change will be effective on the Monthiversary following our approval of the material breach change. We will not permit a change which would decrease the Base Face Amount below the minimum amount shown on the Policy Data Page. When changing a Death Benefit Option results in an increase in Total Face Amount, the initial Base Face Amount will be increased by the Administrator amount of the increase to the Total Face Amount. When changing a Death Benefit Option results in a decrease in Total Face Amount, the decrease will be applied to the Total Face Amount as if a decrease had been requested. Changing a Death Benefit Option does not change the Face Amount Charges or the Company, Surrender Charges. We may increase the Reinsurer shall perform its obligations with respect to such material breach relating back to the date Required Premium for No-Lapse Guarantee. We will notify you of such suspension of the Reinsurer's obligations with no interruption of reinsurance coveragethis requirement.

Appears in 1 contract

Sources: Life Insurance Policy (Aul American Individual Variable Life Unit Trust)

Policy Changes. RATE INCREASES (Continued) I. If any change the policy was reinsured on an automatic basis, reinsurance shall be reinstated automatically if the original insurance is made in a Policy by the Company that affects reinsurance hereunder, the Administrator shall immediately deliver written notice thereof reinstated according to the Reinsurer. Except for Policy changes required by state or federal law or regulation any proposed change shall not be effective until approved in writing by the Reinsurer. From policy provisions and after the Effective Date, each rules of the Administrator and the Ceding Company, shall, or shall cause its duly appointed actuary or representative to, timely file with all applicable regulatory authorities a request for rate increases with respect to the Policies reinsured under this agreement. Such rate increase filings shall be made (i) within fifteen (15) days after the date on which such rate increase filings are requested in writing by the Reinsurer to the Administrator, and (ii) in the amounts requested by the Reinsurer up to amounts permitted by applicable law based upon all relevant factors, including without limitation, loss experience for the Policies. The costs of calculating the rate increase amount, if calculated by an outside actuary or other qualified outside representative of he Administrator, Ceding Company shall be borne by pay all back reinsurance premiums to the Reinsurer in proportion to its share of liability hereunderthe same manner as it received insurance premiums under the reinstated policy. The Administrator, on behalf Whenever an application is made by the Policy holder for reinstatement in accordance with the terms of the Companypolicy and the policy was originally reinsured facultatively, agrees to deliver copies of such application for reinstatement, any personal declaration or medical examination and any other underwriting document shall be forwarded by the Ceding Company to the Reinsurer within forty-five together with an application for reinstatement of the reinsurance. Such application shall be sent to the Reinsurer when reinstatement occurs ninety (4590) days or more after the end of each calendar quarter a written report showing: 1policy has lapsed. However, the Reinsurer reserves the right to request papers on any reinstatement. If the policy form allows the reinstatement, the Reinsurer follows the Ceding Company and reinstates the reinsurance. The loss experience on Reinsurer shall notify the Policies Ceding Company promptly of its acceptance or declination of the application for reinstatements. J. If the insurance reinsured under this Agreement for the preceding quarter; and 2. The dates on which increase filings were actually made for Policies reinsured under this Agreement for the preceding quarter if any; and 3. The amounts of the rate increases which were filed and the amounts which were approved for Policies reinsured under this Agreement; and 4. Whether approval increase is subject to new underwriting, the increase shall be handled in the same manner as a new policy and the provisions of the rate increase filings have been obtained, and 5. Any other information reasonably requested by the Reinsurer relating Article I – Automatic and Facultative Reinsurance shall apply to the Policies reinsured under this Agreement. It is acknowledged and agreed that the making of timely rate increase filings as requested by the Reinsurer under this Agreement is a material inducement to the Reinsurer agreeing to enter into this Agreement and that absent the assurance that such filings will be made and the Reinsurer's reliance on such assurance, the Reinsurer would not have entered into this Agreement. Accordingly, the parties hereto agree that the failure or refusal by the Administrator or the Company to comply strictly with the material requirements of this Article XXIII shall constitute a material breach of this Agreement by the Company, and the Reinsurer may, in its discretion, suspend performance of its obligations under this Agreement (without incurring an any liability, including without limitation, interest or other penalties on amounts due from the Reinsurer hereunder) by delivering to the Company and the Administrator written notice of the Reinsurer's intent to suspend performance of its obligations under this Agreement (the "Suspension Notice")reinsurance. If the Administrator or the Company has increase is not cured, or diligently pursued the cure of, the material breach this Article XXIII within ten (10) business days after the date of the Suspension Notice, then the Reinsurer may, in its discretion, immediately terminate this Agreement, in which case the Reinsurer shall have no further liability or obligations whatsoever under this Agreement from and after the date of such termination. Upon a cure of the material breach by the Administrator or the Companysubject to new underwriting evidence, the Reinsurer shall perform its obligations accept automatically the increase in reinsurance, not to exceed the automatic binding limit specified in Schedule B – Reinsurance Limits, using a point in scale rate basis. K. Any contractual increase in risk for policies reinsured on an automatic basis, shall be treated in accordance with respect Article III – Basis of Reinsurance, not to such material breach relating back exceed the limits specified in Schedule B – Reinsurance Limits. For policies reinsured on a facultative basis, reinsurance will be limited to the date of such suspension ultimate amount shown in the Reinsurer’s facultative offer. Reinsurance premiums for contractual increases will be on a point-in-scale basis from the original issue age of the policy. L. Any non-contractual increase in amount shall be treated as if it were a new policy and the Reinsurer shall not be obligated to accept any such increase unless it qualifies as automatic reinsurance under the limits set out in this Agreement. The Reinsurer's obligations with no interruption ’s approval is required if the original policy was reinsured on a facultative basis or if the new amount will cause the reinsured amount on the life to exceed either the Automatic Binding Limits or the Jumbo Limits specified in Schedule B – Reinsurance Limits. M. If, following the consideration of new underwriting evidence, the Ceding Company makes a reduction in the mortality rating of the policy and the policy was initially ceded to the Reinsurer on an automatic basis, the same reduction shall be made in the reinsurance coverage.

Appears in 1 contract

Sources: Automatic Yrt Agreement (Massachusetts Mutual Variable Life Separate Account I)