AMENDMENT
to the Reinsurance Agreements between
CUNA MUTUAL LIFE INSURANCE COMPANY of Waverly, Iowa
("COMPANY")
And
SWISS RE LIFE AND HELTH AMERICA INC., a Connecticut domiciled insurer,
("REINSURER").
The Amendment to the Reinsurance Agreements between CUNA MUTUAL LIFE INSURANCE
COMPANY and SWISS RE LIFE AND HEALTH AMWRICA INC. executed by the parties on
June 24 ,2002,and June 28,2002, respectively, is hereby amended and restated as
follows:
All existing Reinsurance Agreements (the" Agreements") between CUNA Mutual life
Insurance Company ("COMPANY") and Swiss Re Life and Health America Inc.
("REINSURER"),including Agreements between COMPANY and The Lincoln National Life
Insurance Company for which risk has been ceded to REINSURER, are hereby amended
by the addition of the following Article of Confidentiality and Sharing of
Customer Information:
ARTICLE OF CONFIDENTIALITY AND SHARING OF CUSOMER INFORMATION
The parties acknowledge and agree that it may be necessary for COMPANY to share
customer information ("Customer Information") with REINSURER in order for
REINSURER to meet its obligations the Agreements. With respect to the sharing,
use and Protection of Customer Information, REINSURER agrees to the following:
(a) Confidentiality and Restrictions on Redisclosure of customer Information.
REINSURER agrees to hold in strict confidence Customer Information
obtained from COMPANY during the Agreements. REINSURER agrees not to
disclose Customer Information, in any from or medium, to any affiliated or
nonaffiliated person, firm or corporation except as necessary to Perform
services under the Agreements or as may be required or permitted by law.
The parties acknowledge and agree that disclosing Customer Information to
effectuate, services or administer a Customer transaction shall not be
considered a breach of the confidentiality obligations created hereunder.
TO the extent that REINSURER contracts with a third party that obtains
Customer Information in order to provide services under the Agreements,
REINSURER agrees to obtain contractual confidentiality protections to
require the third party to hold Customer Information in strict confidence
and not disclose it to any person unless permitted or required by law.
REINSURER agrees to comply with applicable privacy laws and regulations
including and not limited to, the Xxxxx-Xxxxx-Xxxxxx Act, Public law
106-102 (1999) as set forth in 15 U.S.C.A. [SEC]6802, as amended and to
comply with applicable changes in such laws and regulations as these occur
and become effective.
(b) Use of Customer Information. REINSURER agrees to use Customer Information
only to provide services hereunder and not to use such information for any
other purpose.
(c) Obligation to Maintain Security over Customer Information. REINSURER
agrees to implement and maintain reasonable and customary security
measures to safeguard Customer Information. Such measures shall include,
but not be limited to, requiring employees who will have access to such
information to agree to the confidentiality requirements of this Article.
(d) Confidentiality Obligations Survive Termination of the Agreement. The
obligations of REINSURER set forth in this Article Shall survive the
termination of the Agreements.
In Witness Whereof, the undersigned parties have executed this Amendment to be
effective July 1, 2001.
CUNA MUTUAL LIFE INSURANCE COMPANY SWISS RE LIFE AND HEALTH AMERICA INC.
BY: /s/ Xxxxxxx X. Xxxxx BY: /s/ Xxxxxx X. Xxxxxxxx
------------------------------ ---------------------------
NAME: Xxxxxxx X. Xxxxx NAME: Xxxxxx X. Xxxxxxxx
---------------------------- -------------------------
TITLE: VP, Life & Health Products TITLE: 2nd VP
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DATE: 3/4/03 DATE: 3-14-03
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