- 28 - would be effecting a recapture of the business underlying its reinsurance agreement with Guardian due to NAIC compliance issues. Guardian did not notify Mr. Gordon or petitioner of this fact until some time in the fall of 1989. The 1988 Agreement was terminated on December 28, 1989, effective as of April 1, 1989. The effective date was the first day of the second quarter, and it was the day after the termination of the New York Retro, the earliest of the underlying agreements to terminate. By the written terms of the 1988 Agreement, Guardian had to recapture the N.Y. Retro SPDA policies from petitioner, effective March 30, 1989, as a result of the recapture of those policies by the ceding company. 5. 1989 Agreement a. In General Following the termination of the 1988 Agreement, Guardian and petitioner negotiated and entered into the 1989 Agreement. The 1989 Agreement was very similar to the 1988 Agreement. The 1989 Agreement was negotiated by Mr. Gordon (for petitioner) and Mr. Starr (for Guardian), and it was drafted by Guardian. Although the 1989 Agreement did not provide for the continuation of the Trust, petitioner and Guardian continued to maintain the Trust to secure petitioner’s performance under the 1989 Agreement and to allow Guardian to receive credit on its annual statements for statutory accounting purposes.13 Petitioner continued to 13 Petitioner continued to maintain the Trust with Guardian as its beneficiary until the Trust was terminated in 1994.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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