Funds Withheld Coinsurance Agreements

Top FAQs for Funds Withheld Coinsurance Agreements

Funds Withheld Coinsurance Agreements Definition | Law Insider

Category: Funds Withheld Coinsurance Agreements

Define Funds Withheld Coinsurance Agreements. means collectively the Lincoln Life Funds Withheld Coinsurance Agreement and the Lincoln Barbados Funds Withheld Coinsurance Agreement.

Reinsurance Agreements means any agreement, contract, treaty, certificate or other arrangement by which any Insurance Subsidiary agrees to transfer or cede to another insurer all or part of the liability a-sumed or a-sets held by it under one or more insurance, annuity, reinsurance or retrocession policies, agreements, contracts, treaties, certificates or similar arrangements. Reinsurance Agreements shall include, but not be limited to, any agreement, contract, treaty, certificate or other arrangement that is treated as such by the applicable Department.

Reinsurance Agreement means any agreement, contract, treaty, certificate or other arrangement whereby any Regulated Insurance Company agrees to transfer, cede or retrocede to another insurer or reinsurer all or part of the liability a-sumed or a-sets held by such Regulated Insurance Company under a policy or policies of insurance issued by such Regulated Insurance Company or under a reinsurance agreement a-sumed by such Regulated Insurance Company.

Insurance Agreement means the Insurance and Indemnity Agreement (as may be amended, modified or supplemented from time to time), dated as of September 29, 2004, by and among the Insurer, Countrywide Home Loans, Inc., as Sponsor and Master Servicer, the Depositor, the Issuer and JPMorgan Chase Bank, as Indenture Trustee.

Retrocession Agreement means any agreement, contract, treaty or other arrangement whereby one or more insurers or reinsurers, as retrocessionaires, a-sume liabilities of reinsurers under a Reinsurance Agreement or other retrocessionaires under another Retrocession Agreement.

Insurance A-signment means the valid and effective first legal a-signment of the Insurances (together with the notice thereof), to be executed by the Borrower in respect of the Vessel in favour of the Trustee, such a-signment and notice to be in the form and on the terms and conditions required by the Agent and the Hermes Agent and agreed on the signing hereof and as specified in paragraph 42 of Schedule 4;

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COINSURANCE FUNDS WITHHELD Sample Clauses | Law Insider

Category: Coinsurance Funds Withheld

COINSURANCE FUNDS WITHHELD. The reinsurance hereunder shall be on a quota share Coinsurance Funds Withheld basis. The quota share reinsured shall be 69%. Funds withheld will be defined at inception as equal to the reinsurance share of the initial reserves (69%) . The Reinsurer's funds withheld a-set will be supported by the Company's specific a-sets listed in Exhibit F and the Company has agreed to hold these a-sets (listed therein) in trust on behalf of the Reinsurer with those a-sets being deposited in such trust within ninety (90) days of the Effective Date. . The value of the a-sets held in trust shall, in the aggregate, approximate as closely as possible the amount of the Reinsurer's Funds Withheld; where the value of the a-sets is less than the amount of Funds Withheld (and it is not contemplated by the parties that the difference would be a material difference) the Company shall deposit cash into the trust so that the value of the a-sets in trust taken together with the cash equals the amount of the Reinsurer's Funds Withheld. The a-sets will be held in trust, and no other a-sets will be added to the trust except that, in the event that one or more a-sets held in trust matures during the term of the trust, the Company, subject to the prior agreement of the Reinsurer, will substitute such a-set or a-sets for another a-set or a-sets of equal value to the a-set or a-sets (as the case may be) which have matured, and which is or are otherwise acceptable to the Reinsurer. The interest payable to the Reinsurer on the funds withheld will be as set for in Exhibit H.

COINSURANCE FUNDS WITHHELD. (a) Subject to the terms and conditions of this Agreement, the Company hereby cedes on a coinsurance funds withheld basis to the Reinsurer as of the Effective Date, and the Reinsurer hereby accepts and agrees to a-sume and indemnity reinsure on a coinsurance funds withheld basis as of the Effective Date, one hundred percent (100%) of all Reinsured Liabilities arising under or relating to the Covered Insurance Contracts. This Agreement is an agreement for indemnity reinsurance solely between the Company and the Reinsurer and shall not create any legal relationship whatsoever between the Reinsurer and any Person other than the Company. The reinsurance effected under this Agreement shall be maintained in force, without reduction, unless such reinsurance is terminated or reduced as provided herein.

Disbursements from Escrow Funds to Pay NCPS NCPS is authorized to and may disburse from time to time, to itself or to any Indemnified Party from the Escrow Funds (but only to the extent of Issuer’s rights thereto), the amount of any compensation and reimbursement of out-of-pocket expenses due and payable hereunder (including any amount to which NCPS or any Indemnified Party is entitled to seek indemnification pursuant to Section 9 hereof). NCPS shall notify Issuer of any disbursement from the Escrow Funds to itself or to any Indemnified Party in respect of any compensation or reimbursement hereunder and shall furnish to Issuer copies of all related invoices and other statements. Such disbursements will not occur before the minimum contingency is met in compliance with SEC Rule 15c2-4.

Permitted Withdrawals from the Certificate Account and Distribution Account (a) The Master Servicer may from time to time make withdrawals from the applicable subaccount of the Certificate Account for the following purposes:

Reinsurance Premiums A. The total Reinsurance Premium for the business ceded hereunder is the sum of the GMDB Reinsurance Premium, the EPB Reinsurance Premium and the GMIB Reinsurance Premium, each of which is defined separately in this article.

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Modified Coinsurance (MODCO) and Funds Withheld (FWH) Reinsurance Accounting treatment and RBC Impact

Category: Reinsurance Arrangements

Understanding the complications of reinsurance in Life and Health contracts is difficult. It becomes even more challenging if the reinsurance contract is Modified Coinsurance with funds withheld arrangements. It is very interesting that the ceding company that withheld reinsurance funds under a modified coinsurance arrangement reports such re insured a-sets on its balance sheet and includes the equivalent payable liabilities in Reserves. Under a ModCo arrangement, the cedent pays the reinsurer a specified portion of the underlying policy premiums, less an agreed on expense allowance, plus a return on the ModCo payable/receivable, generally an amount equal to the actual return on the reinsurer’s share of the retained a-sets. The reinsurer pays the cedent its proportionate share of surrenders, death claims and policyholder dividends, as applicable, as well as the ModCo adjustments (ending policy reserves less beginning policy reserves less interest on beginning policy reserves) and the interest credited on policyholder reserves. Coinsurance with funds withheld (“CFW”) arrangements are similar to ModCo reinsurance arrangements. The “funds withheld” provision permits the Cedent to retain the a-sets relating to the underlying policies. Essentially, at the inception of the contract, there is a “hypothetical loan” from the a-suming company to the ceding company equal to the portfolio of a-sets (and reserves) that were not transferred from the ceding company to the a-suming company as part of the reinsurance arrangement. The amounts withheld by the cedent are recorded as a liability by the cedent and a receivable by the reinsurer. Similar to ModCo arrangements, in most contracts involving a US domiciled ceding entity, the interest crediting rate on the funds withheld generally will be equal to the reinsured’s actual investment earnings rate on all or a portion of its investment portfolio or on a specified pool of a-sets. Some reinsurance arrangements contain experience refund provisions under which the reinsurer pays are fund to the ceding company based on the actual performance of the reinsured block of business. This experience refund may reflect a number of factors, such as mortality, expense and investment performance. The investment performance generally will be related to a portfolio of a-sets backing the underlying business.

Modified Coinsurance or Co-insurance with Funds withheld reinsurance arrangements are primarily proportional type of Life reinsurance treaties. The primary objective of such reinsurance is to retain control of investments and to reduce potential credit risk. Modified coinsurance is just like coinsurance except you don’t transfer the reserves. If you don’t transfer the reserves, how do you transfer the investment risk? There is an interest credit to the reinsurer. The interest credit to the reinsurer is based on the performance of the policy. In other words, the reinsurer says, "Hey, I should have these reserves. That’s $10 million in a-sets. I’m not getting the interest on those a-sets. Therefore, ceding company, kindly pay me what my proportional share is of what you earned on those a-sets.” Coinsurance funds withheld is very similar to mod-co. The reserves appear on the reinsurer’s books, but the a-sets don’t. Now, this may sound like a great deal for the ceding company, but it really isn’t. What happens is the ceding company says, "Here’s $1 million of reserves. Normally I should transfer 1 million of a-sets to you, but, my a-sets are liquid and I want to keep control of them. I’m not going to give you the a-sets. I’m going to give you an IOU instead.” So the reinsurer’s books stay the same because there is a receivable (which is an a-set) from the ceding company for $1 million and reserves of $1 million, which wiped out to zero. From a financial perspective, it’s as though the reserves weren’t transferred. Why would you want to use mod-co? Suppose the reinsurer is not admitted in your jurisdiction. You can’t take credit for those reserves. You don’t want to have to worry about that, so you just don’t give the reserves up. Most ceding companies prefer to control and invest their own a-sets. They don’t want to give money away to the reinsurer. With modified co-insurance, you give the experience on the a-sets which is the transfer of risk. You don’t give the actual a-sets. It’s the same with co-insurance funds withheld. I may keep my stocks and bonds and just hand an IOU to the reinsurer. It’s no different financially, but I still get to control my own stocks and bonds.

According to the NAIC’s Statement of Statutory Accounting Principles No. 61 there are specific guidelines of how a Coinsurance and a modified coinsurance with funds withheld arrangements are recorded in the statutory statements. The below guidance is available from the accounting principles-

The following accounting applies to modified coinsurance arrangements: Ceding Entity: In a modified coinsurance arrangement, the ceding entity retains the a-sets equal to the modified coinsurance reserve. This reserve represents a prepayment of the reinsurer’s future obligation. Premiums paid or payable to the reinsurer net of any experience refunds shall result in the reduction of premium income. Policy benefit payments paid by the reinsurer shall reduce the ceding entity’s reported policy benefits. Expense allowances paid by the reinsurer shall be reported separately in the summary of operations as they are earned. The modified coinsurance reserve is included in the category of policy reserves. The modified coinsurance reserve adjustment from period-to period shall be reported separately in the summary of operations;

Assuming Entity (Reinsurer) : Premiums received or receivable by the reinsurer shall increase premium income net of any experience refunds and policy benefit payments paid by the reinsurer shall increase the reported policy benefits. Expense allowances paid by the reinsurer shall be reported separately in the summary of operations when payable. The statutory policy reserves exclude the modified coinsurance reserve. The modified coinsurance reserve adjustment from period-to-period shall be reported separately in the summary of operations. The reinsurer’s accounting of its obligations shall be consistent with the ceding entity’s accounting for the transfer of the obligations.

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Funds Withheld Coinsurance Agreement between National Western | National Western Life Group, Inc. | Business Contracts | Justia

Funds Withheld Coinsurance Agreement between National Western Life Insurance Company And Prosperity Life A-surance Limited effective as of December 31, 2020 (redacted) from National Western Life Group, Inc. filed with the Securities and Exchange Commission.

CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THIS EXHIBIT BECAUSE IT IS BOTH (I) NOT MATERIAL AND (II) WOULD LIKELY BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. SUCH EXCLUDED INFORMATION IS IDENTIFIED HEREIN WITH [*]. SCHEDULES AND EXHIBITS HAVE BEEN OMITTED PURSUANT TO ITEM 601(a)(5) OF REGULATION S-K.

This FUNDS WITHHELD COINSURANCE AGREEMENT (this “Agreement”), dated December 31, 2020 (the “Closing Date”), is made by and between National Western Life Insurance Company, an insurance company organized under the Laws of the State of Colorado (the “Ceding Company”), and Prosperity Life A-surance Limited, a Class E long-term reinsurer organized under the Laws of Bermuda (the “Reinsurer”) and is effective as of the Effective Time (as defined below).

WHEREAS, subject to the terms, conditions and limitations contained herein, the Ceding Company desires to cede, on a coinsurance with funds withheld basis, and the Reinsurer desires to accept, the Reinsured Liabilities (as defined below).

NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Ceding Company and the Reinsurer hereby agree as follows:

“Action” shall mean (a) any civil, criminal or administrative action, suit, claim, litigation, arbitration or similar proceeding, in each case, before a Governmental Entity, or (b) any investigation or written inquiry by a Governmental Entity other than any examination by a taxing authority, including a tax audit.

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Funds Withheld Coinsurance and Modified Coinsurance Agreement | MIDWEST HOLDING INC. | Business Contracts | Justia

Funds Withheld Coinsurance and Modified Coinsurance Agreement between Ironbound Reinsurance Company Limited and American Life & Security Corp. effective as of July 25, 2019 from MIDWEST HOLDING INC. filed with the Securities and Exchange Commission.

Page ARTICLE I GENERAL PROVISIONS 1 Section 1.01 Defined Terms 1 Section 1.02 Other Definitional Provisions 7 ARTICLE II COVERAGE 8 Section 2.01 Scope and Basis of Reinsurance 8 Section 2.02 Policy Changes 8 Section 2.03 Reinstatement of Surrendered Policies 8 Section 2.04 Misstatement of Fact 9 Section 2.05 Non-Guaranteed Elements 9 Section 2.06 Crediting Rates 9 Section 2.07 Programs of Internal Replacement 9 Section 2.08 Conservation Program 9 Section 2.09 Retrocession 9 Section 2.10 Interest Maintenance Reserve 9 Section 2.11 Valuation of Liabilities 10 ARTICLE III REINSURANCE PREMIUMS 10 Section 3.01 Reinsurance Premiums 10 Section 3.02 Initial Settlement Amount 10 ARTICLE IV CEDING COMMISSION 10 Section 4.01 Ceding Commission 10 ARTICLE V ADMINISTRATION FEE 10 Section 5.01 Policy Expenses 10 ARTICLE VI REINSURED LIABILITIES 11 Section 6.01 Reinsured Liabilities 11 Section 6.02 Claims Settlement 11 Section 6.03 Recoveries 11 ARTICLE VII REPORTING AND SETTLEMENTS 11 Section 7.01 Ceding Company Reporting 11 Section 7.02 Reinsurer Reporting 12 Section 7.03 Settlements & Adjustments 13 ARTICLE VIII THE MODCO ACCOUNT, THE FUNDS WITHHELD ACCOUNT AND THE TRUST ACCOUNT 15 Section 8.01 ModCo Deposit 15 Section 8.02 Funds Withheld Account 16 Section 8.03 Trust Account 17

Page ARTICLE IX [RESERVED] 18 ARTICLE X ADMINISTRATION 18 Section 10.01 Policy Administration 18 Section 10.02 Record-Keeping 18 ARTICLE XI TERM AND TERMINATION 19 Section 11.01 Duration of Agreement 19 Section 11.02 Recapture 19 Section 11.03 Recapture Payment 20 Section 11.04 Survival 21 ARTICLE XII ERRORS AND OMISSIONS 21 Section 12.01 Errors and Omissions 21 ARTICLE XIII DISPUTE RESOLUTION 21 Section 13.01 Negotiation 21 Section 13.02 Arbitration; Waiver of Trial by Jury 22 ARTICLE XIV INSOLVENCY 23 Section 14.01 Insolvency 23 ARTICLE XV TAXES 24 Section 15.01 Taxes 24 Section 15.02 DAC Tax Election 24 Section 15.03 US Taxpayer 25 ARTICLE XVI REPRESENTATIONS, WARRANTIES AND COVENANTS 25 Section 16.01 Representations and Warranties of the Ceding Company 25 Section 16.02 Covenants of the Ceding Company 27 Section 16.03 Representations and Warranties of the Reinsurer 28 Section 16.04 Covenants of the Reinsurer 29 ARTICLE XVII MISCELLANEOUS 30 Section 17.01 Currency 30 Section 17.02 Interest 30 Section 17.03 Right of Setoff and Recoupment 30 Section 17.04 No Third-Party Beneficiaries 30 Section 17.05 Amendment 30 Section 17.06 Notices 31 Section 17.07 Consent to Jurisdiction 32 Section 17.08 Service of Process 32 Section 17.09 Inspection of Records 32

Page Section 17.10 Confidentiality 32 Section 17.11 Successors 33 Section 17.12 Entire Agreement 33 Section 17.13 Severability 34 Section 17.14 Construction 34 Section 17.15 Non-Waiver 34 Section 17.16 Further A-surances 34 Section 17.17 Governing Law 34 Section 17.18 Counterparts 34 Schedules I. Policy Forms and Riders II. Policy Expenses III. Initial ModCo A-sets and Funds Withheld A-sets IV. Permitted Ex-Gratia Payments V. Determination of Crediting Rate / Ceding Commission VI. §1.848-2(g)(8) Election VII. Determination of Cede Commission VIII. Allocation Percentage IX. Reinsured Policies issued prior to the Effective Date Exhibits A. Form of Monthly Accounting Report A (1). - Form of ModCo Deposit Monthly Accounting Report A (2). - Form of Funds Withheld Monthly Accounting Report B. Trust Agreement

This FUNDS WITHHELD COINSURANCE and MODIFIED COINSURANCE AGREEMENT (this “Agreement”), effective as of July 25, 2019 (the “Effective Date”), is made by and between American Life & Security Corp., an insurance company organized under the laws of the State of Nebraska (the “Ceding Company”) and Ironbound Reinsurance Company Limited, a reinsurance company organized under the laws of Barbados (the “Reinsurer”).

WHEREAS, subject to the terms, conditions and limitations contained herein, the Ceding Company desires to cede, on a funds withheld coinsurance and modified coinsurance basis, and the Reinsurer desires to accept, an initial ninety-five (95%) quota share of certain liabilities with respect to certain MYGA business of the Ceding Company (the “Reinsurance Treaty”);

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Modified Coinsurance (MODCO) & Funds Withheld …

primarily (>50 percent) to one reinsurer under modified coinsurance or funds withheld arrangements. The reinsurer should include 100 percent of such a-set. Any a-set where no …

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Accounting for Reinsurance Agreements - Society of …

Under a coinsurance with funds withheld type of an arrangement, there is a risk that the a-suming company will pay twice. As the claims become due, it may be required to pay again, …

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Coinsurance Funds Withheld Agreement

Coinsurance Funds Withheld Agreement for SECURITY LIFE OF DENVER INTERNATIONAL LIMITED, SCOTTISH RE LIFE (BERMUDA) LIMITED - Sample agreements, legal documents, and contracts from RealDealDocs.

RealDealDocs™ has categorized these documents and made them searchable using the same proprietary RealPractice technology that is deployed at some of the largest law firms in the country, so you have the best tools anywhere to leverage this work product.

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NWLIC and Aspida enter into $250mn Funds Withheld Coinsurance Agreement - Reinsurance News

National Western Life Insurance Company (NWLIC), part of National Western Life Group, Inc., has entered into a Funds Withheld Coinsurance Agreement with

NWLIC agreed to cede, on a coinsurance with funds withheld basis, a specified quota share of certain liabilities pertaining to an in-force block of annuity contracts issued by the NWLIC before July 1, 2022.

Additionally, NWLIC will also cede, on a coinsurance with funds withheld basis, a specified quota share of certain annuity contracts issued or to be issued by the Company on or after July 1, 2022.

In order to provide additional security for Aspida’s obligations, and in accordance with the agreement, both parties will establish a trust account for the benefit of the NWLIC in which Aspida will maintain certain a-sets and grant the NWLIC a first priority security interest in such a-sets.

We also publish Artemis.bm, the leading publisher of news, data and insight for the catastrophe bond, insurance-linked securities, reinsurance convergence, longevity risk transfer and weather risk management sectors.. We’ve published and operated Artemis since its launch 20 years ago and have a readership of around 60,000 every month.

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Funds Withheld Coinsurance And Modified Coinsurance Agreement (Myga And Fia Business)

Funds Withheld Coinsurance And Modified Coinsurance Agreement (Myga And Fia Business) for MIDWEST HOLDING INC., AMERICAN LIFE & SECURITY CORP, Ceding Company - Sample agreements, legal documents, and contracts from RealDealDocs.

This FUNDS WITHHELD COINSURANCE and MODIFIED COINSURANCE AGREEMENT (this “ Agreement ”), effective as of September 30, 2019 (the “ Effective Date ”), is made by and between American Life & Security Corp., an insurance company organized under the laws of the State of Nebraska (the “ Ceding Company ”) and SDA ANNUITY & LIFE RE, a Cayman Islands-domiciled reinsurance company (the “ Reinsurer ”).

WHEREAS, subject to the terms, conditions and limitations contained herein, the Ceding Company desires to cede, on a funds withheld coinsurance and modified coinsurance basis, and the Reinsurer desires to accept, a Quota Share of certain liabilities with respect to certain MYGA and FIA business of the Ceding Company (the “Reinsurance Treaty”);

“ 3 rd Party Actuary ” shall initially mean a member of the Academy of Actuaries that meets the Academy of Actuaries Qualifications Standards for issuing an actuarial opinion related to the matters of this agreement to be mutually agreed-upon by the parties no later than 30 days following the Initial Settlement Date but may be replaced by the Ceding Company with the consent of the Reinsurer (such consent not to be unreasonably withheld).

“ Accounts Balance ” shall mean the aggregate of book value the ModCo Deposit Balance and Funds Withheld Account Balance, as of any date of determination, as such book value is determined in accordance with Nebraska SAP.

“ Accounts Required Reserves-Funds Withheld ” shall mean an amount equal to the Quota Share of the Net Statutory Reserves times the Funds Withheld Allocation Percentage plus the Asset Reserves for a-sets included in the Funds Withheld Account, as of any date of determination.

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Funds Withheld | Insurance Glossary Definition | IRMI.com

Looking for information on Funds Withheld? IRMI offers the most exhaustive resource of definitions and other help to insurance professionals found anywhere. Click to go to the #1 insurance dictionary on the web.

Funds Withheld — a provision in a reinsurance treaty under which some or all of the premium due the reinsurer, usually an unauthorized reinsurer, is not paid but rather is withheld by the ceding company either to enable the ceding company to reduce the provision for unauthorized reinsurance in its statutory statement or to be on deposit in a loss escrow account for purposes of paying claims. The reinsurer's a-set, in lieu of cash, is "funds held by or deposited with reinsured companies."

Easy-to-use-and-understand reference explaining the various funding options for your organization’s risks. Explains reinsurance, alternative markets, and tax and accounting implications of various risk financing mechanisms. Excellent resource for state specific regulations. Learn More

Since 1977, CICR has been educating captive practitioners on diverse captive topics such as fronting and reinsurance, collateral pressures and options, tax, legal matters and claims, domicile challenges and issues, regulatory developments, and so forth. Sign up today to stay informed! Learn More

Learn what it takes to establish a successful captive insurance company—one that sets the standard and withstands the test of time. Provides step-by-step instructions that would benefit novices and seasoned veterans alike. Learn More

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Funds Withheld Coinsurance Agreements

Top FAQs for Funds Withheld Coinsurance Agreements

Funds Withheld Coinsurance Agreements Definition | Law Insider

COINSURANCE FUNDS WITHHELD Sample Clauses | Law Insider

Modified Coinsurance (MODCO) and Funds Withheld (FWH) Reinsurance Accounting treatment and RBC Impact

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Funds Withheld Coinsurance Agreement between National Western | National Western Life Group, Inc. | Business Contracts | Justia

Funds Withheld Coinsurance and Modified Coinsurance Agreement | MIDWEST HOLDING INC. | Business Contracts | Justia

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Coinsurance Funds Withheld Agreement

NWLIC and Aspida enter into $250mn Funds Withheld Coinsurance Agreement - Reinsurance News

Funds Withheld Coinsurance And Modified Coinsurance Agreement (Myga And Fia Business)

Funds Withheld | Insurance Glossary Definition | IRMI.com

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