- 34 - death or surrender so that the losses associated with these policies exceeded the investment income due petitioner, petitioner would lose money. e. Right To Withhold The 1989 Agreement provided that Guardian would pay petitioner an initial consideration equal to the total reserves on policies in force at the start of the agreement. Petitioner was obligated to pay Guardian cash if the EAB was negative by more than $1 million. Petitioner could offset negative experience refunds against positive experience refunds within the same calendar year. The 1989 Agreement allowed both Guardian and petitioner to withhold certain funds from each other. The 1989 Agreement permitted Guardian to withhold funds equal to the coinsurance reserves on the reinsured policies. The 1989 Agreement permitted petitioner to elect to withhold funds equal to the ceding commission. When petitioner and Guardian signed the 1989 Agreement, each elected to exercise its right to withhold funds and made no cash payments. All moneys due either Guardian or petitioner were to be netted against each other, and interest was required to be paid on the funds withheld. Cash settlements were required when the netted amounts exceeded the right of either party to withhold funds.Page: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
Last modified: May 25, 2011