- 24 - from the Trust at any time, without any further act or notice or satisfaction of any condition or qualification. c. Underlying Business The 1988 Agreement was indemnity reinsurance on a combination coinsurance, modified coinsurance plan. The business retroceded to petitioner under the 1988 Agreement consisted of two blocks of single premium deferred annuity (SPDA) policies. The first block was insurance written by UPL during 1984, reinsured by BMA in 1984, retroceded to Guardian in 1984, and retroceded to petitioner under the 1988 Agreement. The first block consisted of a 52.6316-percent quota share of the block of SPDA policies underlying the reinsurance agreement between UPL and BMA. The second block was insurance written during 1985 by a subsidiary of UPL, reinsured by UPL in 1985, retroceded to Guardian in 1985 under an agreement referred to as the New York Retro, and retroceded to petitioner under the 1989 Agreement. Petitioner had no right to terminate or in any way shift or avoid losses that might occur under the 1988 Agreement, and the 1988 Agreement did not limit petitioner’s obligation to pay losses if they occurred. Petitioner was liable on each contract underlying the Agreement to pay the amount of the benefit that corresponded to the portion of the contract reinsured (95 percent). Petitioner was also liable: (1) To pay a surrender benefit equal to the surrender and matured endowment benefits paid by Guardian on the portion of the contracts reinsured and (2) to pay those benefits in the same manner asPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011