Trans City Life Insurance Company, an Arizona Corporation - Page 28

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          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.                  




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