Exhibit 10.3

 

Excess Catastrophe

 

Reinsurance Contract

Effective: January 1, 2011

 

Safety Insurance Company
 Safety Indemnity Insurance Company

and

Safety Property and Casualty Insurance Company

all of Boston, Massachusetts

 



 











 

Excess Catastrophe

 

Reinsurance Contract

Effective: January 1, 2011

 

Safety Insurance Company
 Safety Indemnity Insurance Company

and

Safety Property and Casualty Insurance Company

all of Boston, Massachusetts

 

First Excess Catastrophe Reinsurance

 

	
Reinsurer(s)
    	
 
    	
Participation(s)
    	
 
    
	
Allied World Assurance   Company, Ltd
    	
 
    	
2.500000
    	
%
    
	
Catlin Insurance Company   Ltd.
    	
 
    	
1.000000
    	
 
    
	
Endurance Specialty   Insurance Ltd.
    	
 
    	
33.550000
    	
 
    
	
Everest Reinsurance   Company
    	
 
    	
5.000000
    	
 
    
	
Flagstone Reassurance   Suisse SA - Bermuda Branch
    	
 
    	
2.000000
    	
 
    
	
Hardy Bermuda Limited,   Bermuda on behalf of Lloyd’s Syndicate 382
    	
 
    	
0.500000
    	
 
    
	
Hiscox Insurance Company   (Bermuda) Limited
    	
 
    	
1.200000
    	
 
    
	
Mapfre Re Compania de   Reaseguros, S.A.
    	
 
    	
1.000000
    	
 
    
	
Paladin Catastrophe   Management LLC
   (for and on behalf of Protective Insurance Company)
    	
 
    	
4.000000
    	
 
    
	
SCOR Reinsurance Company
    	
 
    	
5.000000
    	
 
    
	
XL Re Ltd
    	
 
    	
3.500000
    	
 
    
	
 
    	
 
    	
 
    	
 
    
	
Through Aon Limited trading as Aon Benfield (Placement   Only)
    	
 
    	
 
    	
 
    
	
Amlin AG (Bermuda Branch)
    	
 
    	
2.000000
    	
 
    
	
 
    	
 
    	
 
    	
 
    
	
Through Aon Limited trading as Aon Benfield
    	
 
    	
 
    	
 
    
	
Lloyd’s Underwriters and Companies
   Per Signing Pages(s)
    	
 
    	
15.750000
    	
 
    
	
 
    	
 
    	
 
    	
 
    
	
Total
    	
 
    	
77.000000%   part of
    
	
 
    	
 
    	
100% share in
    
	
 
    	
 
    	
the interests and
    
	
 
    	
 
    	
liabilities of the
    
	
 
    	
 
    	
“Reinsurer”
    


 

1











 

Second Excess Catastrophe Reinsurance

 

	
Reinsurer(s)
    	
 
    	
Participation(s)
    	
 
    
	
ACE Tempest Reinsurance   Ltd.
    	
 
    	
2.000000
    	
%
    
	
Allied World Assurance   Company, Ltd
    	
 
    	
1.350000
    	
 
    
	
American Agricultural   Insurance Company
    	
 
    	
0.750000
    	
 
    
	
Aspen Insurance Limited
    	
 
    	
1.000000
    	
 
    
	
AXIS Specialty Limited
    	
 
    	
5.000000
    	
 
    
	
Catlin Insurance Company Ltd.
    	
 
    	
1.000000
    	
 
    
	
Employers Mutual Casualty   Company
    	
 
    	
0.250000
    	
 
    
	
Endurance Specialty   Insurance Ltd.
    	
 
    	
14.400000
    	
 
    
	
Everest Reinsurance   Company
    	
 
    	
5.000000
    	
 
    
	
Farmers Mutual Hail   Insurance Company of Iowa
    	
 
    	
0.750000
    	
 
    
	
Flagstone Reassurance   Suisse SA - Bermuda Branch
    	
 
    	
2.000000
    	
 
    
	
Hannover Re   (Bermuda), Ltd.
    	
 
    	
3.750000
    	
 
    
	
Hardy Bermuda Limited,   Bermuda on behalf of Lloyd’s Syndicate 382
    	
 
    	
0.500000
    	
 
    
	
Hiscox Insurance Company   (Bermuda) Limited
    	
 
    	
1.200000
    	
 
    
	
Mapfre Re Compania de   Reaseguros, S.A.
    	
 
    	
1.000000
    	
 
    
	
Odyssey America Reinsurance   Corporation
    	
 
    	
2.000000
    	
 
    
	
Partner Reinsurance   Company Ltd.
    	
 
    	
1.500000
    	
 
    
	
Platinum Underwriters   Bermuda, Ltd.
    	
 
    	
2.500000
    	
 
    
	
QBE Reinsurance   Corporation
    	
 
    	
0.500000
    	
 
    
	
Shelter Mutual Insurance   Company
    	
 
    	
1.500000
    	
 
    
	
Swiss Reinsurance America   Corporation
    	
 
    	
5.000000
    	
 
    
	
Validus   Reinsurance, Ltd.
    	
 
    	
1.200000
    	
 
    
	
XL Re Ltd
    	
 
    	
3.500000
    	
 
    
	
 
    	
 
    	
 
    	
 
    
	
Through Aon Limited trading as Aon Benfield (Placement   Only)
    	
 
    	
 
    	
 
    
	
Amlin AG (Bermuda Branch)
    	
 
    	
2.000000
    	
 
    
	
 
    	
 
    	
 
    	
 
    
	
Through Aon Limited trading as Aon Benfield
    	
 
    	
 
    	
 
    
	
Lloyd’s Underwriters and   Companies
   Per Signing Pages(s)
    	
 
    	
19.100000
    	
 
    
	
 
    	
 
    	
 
    	
 
    
	
Total
    	
 
    	
78.750000%   part of
   100% share in
   the interests and
   liabilities of the 
   “Reinsurer”
    


 

2











 

Third Excess Catastrophe Reinsurance

 

	
Reinsurer(s)
    	
 
    	
Participation(s)
    	
 
    
	
ACE Tempest Reinsurance   Ltd.
    	
 
    	
2.000000
    	
%
    
	
Allied World Assurance   Company, Ltd
    	
 
    	
0.750000
    	
 
    
	
American Agricultural   Insurance Company
    	
 
    	
0.750000
    	
 
    
	
American Standard   Insurance Company of Wisconsin
    	
 
    	
1.750000
    	
 
    
	
Aspen Insurance Limited
    	
 
    	
1.000000
    	
 
    
	
AXIS Specialty Limited
    	
 
    	
5.000000
    	
 
    
	
Catlin Insurance Company   Ltd.
    	
 
    	
1.000000
    	
 
    
	
DaVinci Reinsurance Ltd.
    	
 
    	
0.333333
    	
 
    
	
Employers Mutual Casualty   Company
    	
 
    	
0.250000
    	
 
    
	
Endurance Specialty   Insurance Ltd.
    	
 
    	
3.750000
    	
 
    
	
Everest Reinsurance   Company
    	
 
    	
5.000000
    	
 
    
	
Flagstone Reassurance Suisse   SA - Bermuda Branch
    	
 
    	
2.000000
    	
 
    
	
Hannover Re   (Bermuda), Ltd.
    	
 
    	
5.600000
    	
 
    
	
Hardy Bermuda Limited,   Bermuda on behalf of Lloyd’s Syndicate 382
    	
 
    	
0.500000
    	
 
    
	
Hiscox Insurance Company   (Bermuda) Limited
    	
 
    	
1.000000
    	
 
    
	
Mapfre Re Compania de   Reaseguros, S.A.
    	
 
    	
2.000000
    	
 
    
	
MS Frontier Reinsurance   Limited
    	
 
    	
1.000000
    	
 
    
	
Odyssey America   Reinsurance Corporation
    	
 
    	
2.000000
    	
 
    
	
Partner Reinsurance   Company Ltd.
    	
 
    	
1.500000
    	
 
    
	
Platinum Underwriters   Bermuda, Ltd.
    	
 
    	
2.500000
    	
 
    
	
QBE Reinsurance   Corporation
    	
 
    	
0.700000
    	
 
    
	
Renaissance Reinsurance, Ltd.
    	
 
    	
0.666667
    	
 
    
	
SCOR Reinsurance Company
    	
 
    	
1.000000
    	
 
    
	
Shelter Mutual Insurance   Company
    	
 
    	
1.500000
    	
 
    
	
Swiss Reinsurance America   Corporation
    	
 
    	
5.000000
    	
 
    
	
Validus   Reinsurance, Ltd.
    	
 
    	
1.500000
    	
 
    
	
XL Re Ltd
    	
 
    	
3.500000
    	
 
    
	
 
    	
 
    	
 
    	
 
    
	
Through Aon Limited trading as Aon Benfield (Placement   Only)
    	
 
    	
 
    	
 
    
	
Amlin AG (Bermuda Branch)
    	
 
    	
2.500000
    	
 
    
	
Sompo Japan Insurance Inc.
    	
 
    	
4.000000
    	
 
    
	
 
    	
 
    	
 
    	
 
    
	
Through Aon Limited trading as Aon Benfield
    	
 
    	
 
    	
 
    
	
Lloyd’s Underwriters and   Companies
   Per Signing Pages(s)
    	
 
    	
17.950000
    	
 
    
	
 
    	
 
    	
 
    	
 
    
	
Total
    	
 
    	
78.000000%   part of
   100% share in
   the interests and
   liabilities of the
   “Reinsurer”
    


 

3











 

Fourth Excess Catastrophe Reinsurance

 

	
Reinsurer(s)
    	
 
    	
Participation(s)
    	
 
    
	
ACE Tempest Reinsurance   Ltd.
    	
 
    	
4.500000
    	
%
    
	
Allied World Assurance Company,   Ltd
    	
 
    	
0.800000
    	
 
    
	
American Agricultural   Insurance Company
    	
 
    	
1.500000
    	
 
    
	
American Standard   Insurance Company of Wisconsin
    	
 
    	
0.500000
    	
 
    
	
AXIS Specialty Limited
    	
 
    	
7.000000
    	
 
    
	
Catlin Insurance Company   Ltd.
    	
 
    	
1.000000
    	
 
    
	
DaVinci Reinsurance Ltd.
    	
 
    	
1.150000
    	
 
    
	
Employers Mutual Casualty   Company
    	
 
    	
0.250000
    	
 
    
	
Endurance Specialty   Insurance Ltd.
    	
 
    	
1.860000
    	
 
    
	
Farm Bureau Mutual   Insurance Company of Michigan
    	
 
    	
0.300000
    	
 
    
	
Farmers Mutual Hail   Insurance Company of Iowa
    	
 
    	
0.750000
    	
 
    
	
Flagstone Reassurance   Suisse SA - Bermuda Branch
    	
 
    	
2.440000
    	
 
    
	
Hiscox Insurance Company   (Bermuda) Limited
    	
 
    	
0.500000
    	
 
    
	
Mapfre Re Compania de   Reaseguros, S.A.
    	
 
    	
3.000000
    	
 
    
	
MS Frontier Reinsurance   Limited
    	
 
    	
6.000000
    	
 
    
	
Odyssey America   Reinsurance Corporation
    	
 
    	
2.500000
    	
 
    
	
Partner Reinsurance   Company Ltd.
    	
 
    	
2.500000
    	
 
    
	
Platinum Underwriters   Bermuda, Ltd.
    	
 
    	
2.000000
    	
 
    
	
Paladin Catastrophe   Management LLC (for and on behalf of Protective Insurance Company)
    	
 
    	
0.500000
    	
 
    
	
QBE Reinsurance   Corporation
    	
 
    	
0.500000
    	
 
    
	
Renaissance   Reinsurance, Ltd.
    	
 
    	
2.250000
    	
 
    
	
Shelter Mutual Insurance Company
    	
 
    	
1.800000
    	
 
    
	
Swiss Reinsurance America   Corporation
    	
 
    	
5.000000
    	
 
    
	
Validus   Reinsurance, Ltd.
    	
 
    	
6.400000
    	
 
    
	
XL Re Ltd
    	
 
    	
3.500000
    	
 
    
	
 
    	
 
    	
 
    	
 
    
	
Through Aon Limited trading as Aon Benfield (Placement   Only)
    	
 
    	
 
    	
 
    
	
Amlin AG (Bermuda Branch)
    	
 
    	
0.500000
    	
 
    
	
Sompo Japan Insurance Inc.
    	
 
    	
1.600000
    	
 
    
	
 
    	
 
    	
 
    	
 
    
	
Through Aon Limited trading as Aon Benfield
    	
 
    	
 
    	
 
    
	
Lloyd’s Underwriters and   Companies
   Per Signing Pages(s)
    	
 
    	
14.400000
    	
 
    
	
 
    	
 
    	
 
    	
 
    
	
Total
    	
 
    	
75.000000%   part of
   100% share in
   the interests and
   liabilities of the
   “Reinsurer”
    


 

4











 

Table of Contents

 

	
Article
    	
 
    	
 
    	
Page
    
	
1
    	
 
    	
Classes of Business Reinsured
    	
1
    
	
2
    	
 
    	
Commencement and Termination
    	
1
    
	
3
    	
 
    	
Territory (BRMA 51A)
    	
2
    
	
4
    	
 
    	
Exclusions
    	
3
    
	
5
    	
 
    	
Retention and Limit
    	
4
    
	
6
    	
 
    	
Reinstatement
    	
4
    
	
7
    	
 
    	
Definitions
    	
5
    
	
8
    	
 
    	
Other Reinsurance
    	
6
    
	
9
    	
 
    	
Loss Occurrence
    	
6
    
	
10
    	
 
    	
Loss Notices and Settlements
    	
8
    
	
11
    	
 
    	
Salvage and Subrogation
    	
8
    
	
12
    	
 
    	
Terrorism
    	
9
    
	
13
    	
 
    	
Reinsurance Premium
    	
9
    
	
14
    	
 
    	
Late Payments
    	
10
    
	
15
    	
 
    	
Offset (BRMA 36C)
    	
11
    
	
16
    	
 
    	
Access to Records
    	
11
    
	
17
    	
 
    	
Liability of the Reinsurer
    	
11
    
	
18
    	
 
    	
Net Retained Lines (BRMA 32E)
    	
12
    
	
19
    	
 
    	
Errors and Omissions (BRMA 14F)
    	
12
    
	
20
    	
 
    	
Currency (BRMA 12A)
    	
12
    
	
21
    	
 
    	
Taxes (BRMA 50B)
    	
12
    
	
22
    	
 
    	
Federal Excise Tax
    	
13
    
	
23
    	
 
    	
Unauthorized Reinsurers
    	
13
    
	
24
    	
 
    	
Insolvency
    	
14
    
	
25
    	
 
    	
Arbitration
    	
15
    
	
26
    	
 
    	
Service of Suit (BRMA 49C)
    	
16
    
	
27
    	
 
    	
Agency Agreement
    	
16
    
	
28
    	
 
    	
Governing Law
    	
16
    
	
29
    	
 
    	
Severability (BRMA 72E)
    	
16
    
	
30
    	
 
    	
Notices and Contract Execution
    	
16
    
	
31
    	
 
    	
Intermediary
    	
17
    
	
 
    	
 
    	
Schedule A
    	
 
    


 












 

Excess Catastrophe
 Reinsurance Contract

Effective: January 1, 2011

 

issued to

 

Safety Insurance Company
 Safety Indemnity Insurance Company

and

Safety Property and Casualty Insurance Company

all of Boston, Massachusetts
 (hereinafter referred to collectively as the “Company”)

 

by

 

The Subscribing Reinsurer(s) Executing the
 Interests and Liabilities Agreement(s)
 Attached Hereto

(hereinafter referred to as the “Reinsurer”)

 

Article 1 - Classes of Business Reinsured

 

By this Contract the Reinsurer agrees to reinsure the excess liability which may accrue to the Company under its policies, contracts and binders of insurance or reinsurance (hereinafter called “policies”) in force on the effective date hereof or issued or renewed on or after that date, and classified by the Company as Fire, Allied Lines, Homeowners Multiple Peril (Section I only), Commercial Multiple Peril (Section I only), Inland Marine and Automobile Physical Damage (not to include Collision coverage) business, subject to the terms, conditions and limitations set forth herein and in Schedule A attached to and forming part of this Contract.

 

Article 2 - Commencement and Termination

 

A.                This Contract shall become effective at 12:01 a.m., Eastern Standard Time, January 1, 2011, with respect to losses arising out of loss occurrences commencing at or after that time and date, and shall remain in force until 12:01 a.m., Eastern Standard Time, January 1, 2012.

 

B.                  Notwithstanding the provisions of paragraph A above, the Company may terminate a Subscribing Reinsurer’s percentage share in this Contract at any time by giving written notice to the Subscribing Reinsurer in the event any of the following circumstances occur:

 

1. The Subscribing Reinsurer’s policyholders’ surplus (or its equivalent under the Subscribing Reinsurer’s accounting system) at the inception of this Contract has been

 

1











 

reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) 12 months prior to that date; or

 

2.                    The Subscribing Reinsurer’s policyholders’ surplus (or its equivalent under the Subscribing Reinsurer’s accounting system) at any time during the term of this Contract has been reduced by more than 20.0% of the amount of surplus (or the applicable equivalent) at the date of the Subscribing Reinsurer’s most recent financial statement filed with regulatory authorities and available to the public as of the inception of this Contract; or

 

3.                    The Subscribing Reinsurer’s A.M. Best’s rating has been assigned or downgraded below A- and/or Standard & Poor’s rating has been assigned or downgraded below BBB+; or

 

4.                    The Subscribing Reinsurer has become merged with, acquired by or controlled by any other entity or individual(s) not controlling the Subscribing Reinsurer’s operations previously; or

 

5.                    A State Insurance Department or other legal authority has ordered the Subscribing Reinsurer to cease writing business; or

 

6.                    The Subscribing Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement, or similar proceedings (whether voluntary or involuntary) or proceedings have been instituted against the Subscribing Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other agent known by whatever name, to take possession of its assets or control of its operations; or

 

7.                    The Subscribing Reinsurer has reinsured its entire liability, except for inter-company pooling arrangements, under this Contract without the Company’s prior written consent; or

 

8.                    The Subscribing Reinsurer has ceased assuming new or renewal property treaty reinsurance business.

 

C. If this Contract is terminated or expires while a loss occurrence covered hereunder is in progress, the Reinsurer’s liability hereunder shall, subject to the other terms and conditions of this Contract, be determined as if the entire loss occurrence had occurred prior to the termination or expiration of this Contract, provided that no part of such loss occurrence is claimed against any renewal or replacement of this Contract.

 

Article 3 - Territory (BRMA 51A)

 

The territorial limits of this Contract shall be identical with those of the Company’s policies.

 

2











 

Article 4 - Exclusions

 

This Contract does not apply to and specifically excludes the following:

 

1.                         Loss or damage occasioned by war, invasion, hostilities, acts of foreign enemies, civil war, rebellion, insurrection, military or usurped power, martial law or confiscation by order of any government or public authority, but not excluding loss or damage which would be covered under a standard form of policy containing a standard war exclusion clause.

 

2.                         Nuclear risks as defined in the “Nuclear Incident Exclusion Clause - Physical Damage - Reinsurance” attached to and forming part of this Contract.

 

3.                         Liability as a member, subscriber or reinsurer of any Pool, Syndicate or Association; and any combination of insurers or reinsurers formed for the purpose of covering specific perils, specific classes of business or for the purpose of insuring risks located in specific geographical areas; but this exclusion shall not apply to FAIR Plans or to SIR Pool, Coastal Pools, Beach Plans or similar plans, however styled. It is understood and agreed, however, that this reinsurance does not include any increase in liability to the Company resulting from (a) the inability of any other participant in a FAIR Plan, SIR Pool, Coastal Pool, Beach Plan or similar plan to meet its liability, or (b) any claim against such a FAIR Plan, SIR Pool, Coastal Pool, Beach Plan or similar plan, or any participant therein, including the Company, whether by way of subrogation or otherwise, brought by or on behalf of any insolvency fund.

 

4.                         Financial guarantee and insolvency.

 

5.                         Third party liability.

 

6.                         All liability of the Company arising by contract, operation of law, or otherwise, from its participation or membership, whether voluntary or involuntary, in any insolvency fund. “Insolvency fund” includes any guaranty fund, insolvency fund, plan, pool, association, fund or other arrangement, however denominated, established or governed, which provides for any assessment of or payment or assumption by the Company of part or all of any claim, debt, charge, fee or other obligation of an insurer, or its successors or assigns, which has been declared by any competent authority to be insolvent, or which is otherwise deemed unable to meet any claim, debt, charge, fee or other obligation in whole or in part.

 

7.                         All classes of business not specifically listed in the Classes of Business Reinsured Article.

 

8.                         Reinsurance assumed, except pro rata local agency reinsurance on specific risks.

 

9.                         Ex-gratia payments.

 

10.                   Risks excluded under the provisions of the “Total Insured Value Clause” attached to and forming part of this Contract.

 

3











 

11.                   Loss or liability excluded under the “Terrorism Exclusion Clause” attached to and forming part of this Contract.

 

12.                   Loss and/or damage and/or costs and/or expenses arising from Seepage and/or Pollution and/or Contamination, other than contamination from Smoke Damage. Nevertheless, this exclusion does not preclude any payment of the cost of the removal of debris of property damaged by a loss otherwise covered hereunder, but subject always to a limit of 25.0% of the Company’s property loss under the original policy.

 

Article 5 - Retention and Limit

 

A.                As respects each excess layer of reinsurance coverage provided by this Contract, the Company shall retain and be liable for the first amount of ultimate net loss, shown as “Company’s Retention” for that excess layer in Schedule A attached hereto, arising out of each loss occurrence. The Reinsurer shall then be liable, as respects each excess layer, for the amount by which such ultimate net loss exceeds the Company’s applicable retention, but the liability of the Reinsurer under each excess layer shall not exceed the amount, shown as “Reinsurer’s Per Occurrence Limit” for that excess layer in Schedule A attached hereto, as respects any one loss occurrence.

 

B.                  No claim shall be made under any excess layer of coverage provided by this Contract in any one loss occurrence unless at least two risks insured or reinsured by the Company are involved in such loss occurrence. For purposes hereof, the Company shall be the sole judge of what constitutes “one risk.”

 

Article 6 - Reinstatement

 

A. In the event all or any portion of the reinsurance under any excess layer of reinsurance coverage provided by this Contract is exhausted by loss, the amount so exhausted shall be reinstated immediately from the time the loss occurrence commences hereon. For each amount so reinstated the Company agrees to pay additional premium equal to the product of the following:

 

1.                    The percentage of the occurrence limit for the excess layer reinstated (based on the loss paid by the Reinsurer under that excess layer); times

 

2.                    The earned reinsurance premium for the excess layer reinstated for the term of this Contract (exclusive of reinstatement premium).

 

B. Whenever the Company requests payment by the Reinsurer of any loss under any excess layer hereunder, the Company shall submit a statement to the Reinsurer of reinstatement premium due the Reinsurer for that excess layer. If the earned reinsurance premium for any excess layer for the term of this Contract has not been finally determined as of the date of any such statement, the calculation of reinstatement premium due for that excess layer shall be based on the annual deposit premium for that excess layer and shall be readjusted when the earned reinsurance premium for that excess layer for the term of this Contract has been finally determined. Any reinstatement premium shown to be due the Reinsurer for any excess layer as reflected by any such statement (less prior payments, if any, for that

 

4











 

excess layer) shall be payable by the Company concurrently with payment by the Reinsurer of the requested loss for that excess layer. Any return reinstatement premium shown to be due the Company shall be remitted by the Reinsurer as promptly as possible after receipt and verification of the Company’s statement.

 

C. Notwithstanding anything stated herein, the liability of the Reinsurer under any excess layer of reinsurance coverage provided by this Contract shall not exceed either of the following:

 

1.                    The amount, shown as “Reinsurer’s Per Occurrence Limit” for that excess layer in Schedule A attached hereto, as respects loss or losses arising out of any one loss occurrence; or

 

2.                    The amount, shown as “Reinsurer’s Term Limit” for that excess layer in Schedule A attached hereto, in all during the term of this Contract.

 

Article 7 - Definitions

 

A. “Ultimate net loss” as used herein is defined as the sum or sums (including loss in excess of policy limits, extra contractual obligations and all loss adjustment expense, as hereinafter defined) paid or payable by the Company in settlement of claims and in satisfaction of judgments rendered on account of such claims, after deduction of all salvage, all recoveries and all claims on inuring insurance or reinsurance, whether collectible or not. Nothing herein shall be construed to mean that losses under this Contract are not recoverable until the Company’s ultimate net loss has been ascertained.

 

B. “Loss in excess of policy limits” and “extra contractual obligations” as used herein shall be defined as follows:

 

1.                    “Loss in excess of policy limits” shall mean 90.0% of any amount paid or payable by the Company in excess of its policy limits, but otherwise within the terms of its policy, such loss in excess of the Company’s policy limits having been incurred because of, but not limited to, failure by the Company to settle within the policy limits or by reason of the Company’s alleged or actual negligence, fraud or bad faith in rejecting an offer of settlement or in the preparation of the defense or in the trial of an action against its insured or reinsured or in the preparation or prosecution of an appeal consequent upon such an action.

 

2.                    “Extra contractual obligations” shall mean 90.0% of any punitive, exemplary, compensatory or consequential damages paid or payable by the Company, not covered by any other provision of this Contract and which arise from the handling of any claim on business subject to this Contract, such liabilities arising because of, but not limited to, failure by the Company to settle within the policy limits or by reason of the Company’s alleged or actual negligence, fraud or bad faith in rejecting an offer of settlement or in the preparation of the defense or in the trial of any action against its insured or reinsured or in the preparation or prosecution of an appeal consequent upon such an action. An extra contractual obligation shall be deemed, in all circumstances, to have occurred on the same date as the loss covered or alleged to be covered under the policy.

 

5











 

The amount included in ultimate net loss for any one loss occurrence as respects loss in excess of policy limits and extra contractual obligations shall not exceed 25.0% of the Company’s indemnity loss hereunder arising out of that loss occurrence.

 

Notwithstanding anything stated herein, this Contract shall not apply to any loss in excess of policy limits or any extra contractual obligation incurred by the Company as a result of any fraudulent and/or criminal act by any officer or director of the Company acting individually or collectively or in collusion with any individual or corporation or any other organization or party involved in the presentation, defense or settlement of any claim covered hereunder.

 

Savings Clause (Applicable only if the Subscribing Reinsurer is domiciled in the State of New York): In no event shall coverage be provided to the extent that such coverage is not permitted under New York law.

 

C.                  “Loss adjustment expense” as used herein shall mean expenses assignable to the investigation, appraisal, adjustment, settlement, litigation, defense and/or appeal of claims, regardless of how such expenses are classified for statutory reporting purposes. Loss adjustment expense shall include, but not be limited to, interest on judgments, expenses of outside adjusters, expenses and a pro rata share of salaries of the Company’s field employees, and expenses of other employees of the Company who have been temporarily diverted from their normal and customary duties and assigned to the adjustment of losses covered by the Contract, expenses of the Company’s officials incurred in connection with losses covered by the Contract, and declaratory judgment expenses or other legal expenses and costs incurred in connection with coverage questions and legal actions connected thereto. Loss adjustment expense shall not include normal office expenses or salaries of the Company’s officials.

 

D.                 “Term of this Contract” as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, January 1, 2011 to 12:01 a.m., Eastern Standard Time, January 1, 2012. However, if this Contract is terminated, the “term of this Contract” as used herein shall mean the period from 12:01 a.m., Eastern Standard Time, January 1, 2011 to the effective time and date of termination.

 

Article 8 - Other Reinsurance

 

A.                The Company shall maintain in force property per risk excess of loss reinsurance, recoveries under which shall inure to the benefit of this Contract.

 

B.                  The Company shall be permitted to carry underlying property catastrophe excess of loss reinsurance, recoveries under which shall inure solely to the benefit of the Company and be entirely disregarded in applying all of the provisions of this Contract.

 

Article 9 - Loss Occurrence

 

A. The term “loss occurrence” shall mean the sum of all individual losses directly occasioned by any one disaster, accident or loss or series of disasters, accidents or losses arising out of one event which occurs within the area of one state of the United States or province of

 

6











 

Canada and states or provinces contiguous thereto and to one another. However, the duration and extent of any one “loss occurrence” shall be limited to all individual losses sustained by the Company occurring during any period of 168 consecutive hours arising out of and directly occasioned by the same event, except that the term “loss occurrence” shall be further defined as follows:

 

1.               As regards windstorm, hail, tornado, hurricane, cyclone, including ensuing collapse and water damage, all individual losses sustained by the Company occurring during any period of 96 consecutive hours arising out of and directly occasioned by the same event. However, the event need not be limited to one state or province or states or provinces contiguous thereto.

 

2.               As regards riot, riot attending a strike, civil commotion, vandalism and malicious mischief, all individual losses sustained by the Company occurring during any period of 72 consecutive hours within the area of one municipality or county and the municipalities or counties contiguous thereto arising out of and directly occasioned by the same event. The maximum duration of 72 consecutive hours may be extended in respect of individual losses which occur beyond such 72 consecutive hours during the continued occupation of an assured’s premises by strikers, provided such occupation commenced during the aforesaid period.

 

3.               As regards earthquake (the epicenter of which need not necessarily be within the territorial confines referred to in paragraph A of this Article) and fire following directly occasioned by the earthquake, only those individual fire losses which commence during the period of 168 consecutive hours may be included in the Company’s “loss occurrence.”

 

4.               As regards “freeze,” only individual losses directly occasioned by collapse, breakage of glass and water damage (including, but not limited to, those caused by bursting frozen pipes and tanks) may be included in the Company’s “loss occurrence.”

 

5.               As regards firestorms, brush fires and any other fires or series of fires, irrespective of origin (except as provided in subparagraphs 2 and 3 above), which spread through trees, grassland or other vegetation, all individual losses sustained by the Company which occur during any period of 168 consecutive hours within 150-mile radius of any one fixed point selected by the Company may be included in the Company’s “loss occurrence.” However, an individual loss subject to this subparagraph cannot be included in more than one “loss occurrence.”

 

B.             Except for those “loss occurrences,” referred to in subparagraph 2 of paragraph A above, the Company may choose the date and time when any such period of consecutive hours commences, provided that it is not earlier than the date and time of the occurrence of the first recorded individual loss sustained by the Company arising out of that disaster, accident or loss, and provided that only one such period of 168 consecutive hours shall apply with respect to one event, except for any “loss occurrence” referred to in subparagraph 1 of paragraph A above where only one such period of 96 consecutive hours shall apply with respect to one event, regardless of the duration of the event.

 

C.             As respects those “loss occurrences” referred to in subparagraph 2 of paragraph A above, if the disaster, accident or loss occasioned by the event is of greater duration than

 

7











 

72 consecutive hours, then the Company may divide that disaster, accident or loss into two or more “loss occurrences,” provided no two periods overlap and no individual loss is included in more than one such period and provided that no period commences earlier than the date and time of the occurrence of the first recorded individual loss sustained by the Company arising out of that disaster, accident or loss.

 

D.                 No individual losses occasioned by an event that would be covered by 72 hours or 96 hours clauses may be included in any “loss occurrence” claimed under the 168 hours provision.

 

E.                   Losses arising, directly or indirectly, out of:

 

1.                    Loss of, alteration of, or damage to;

 

or

 

2.                    A reduction in the functionality, availability or operation of

 

A computer system, hardware, program, software, data, information repository, microchip, integrated circuit or similar device in computer equipment or non-computer equipment, whether the property of the policyholder of the Company or not, do not in and of themselves constitute an event unless arising out of one or more of the following perils:

 

Fire, lightning, explosion, aircraft or vehicle impact, falling objects, windstorm, hail, tornado, cyclone, hurricane, earthquake, volcano, tsunami, flood, freeze or weight of snow.

 

Article 10 - Loss Notices and Settlements

 

A.                Whenever losses sustained by the Company appear likely to result in a claim hereunder, the Company shall notify the Reinsurer, and the Reinsurer shall have the right to participate in the adjustment of such losses at its own expense.

 

B.                  All loss settlements made by the Company, provided they are within the terms of this Contract, shall be binding upon the Reinsurer, and the Reinsurer agrees to pay all amounts for which it may be liable upon receipt of reasonable evidence of the amount paid (or scheduled to be paid) by the Company.

 

Article 11 - Salvage and Subrogation

 

The Reinsurer shall be credited with salvage (i.e., reimbursement obtained or recovery made by the Company, less the actual cost, excluding salaries of officials and employees of the Company and sums paid to attorneys as retainer, of obtaining such reimbursement or making such recovery) on account of claims and settlements involving reinsurance hereunder. Salvage thereon shall always be used to reimburse the excess carriers in the reverse order of their priority according to their participation before being used in any way to reimburse the Company for its primary loss. The Company hereby agrees to enforce its rights to salvage or subrogation relating to any loss, a part of which loss was sustained by the Reinsurer, and to prosecute all

 

8











 

claims arising out of such rights if, in the Company’s opinion, it is economically reasonable to do so.

 

Article 12 - Terrorism

 

A.                Any loss reimbursement the Company receives from the United States Government under the Terrorism Risk Insurance Act of 2002, as amended by the Terrorism Risk Insurance Extension Act of 2005 and any subsequent amendments or extensions thereof (the “Terrorism Act”) as a result of loss occurrences commencing during the term of this Contract that do not involve acts of terrorism committed by an individual or individuals acting on behalf of any foreign person or foreign interest shall inure to the benefit of this Contract in the proportion that the Company’s insured losses (as defined in the Terrorism Act) in that loss occurrence under policies reinsured under this Contract bear to the Company’s total insured losses in that loss occurrence.

 

B.                  If a loss reimbursement received by the Company under the Terrorism Act is based on the Company’s insured losses in more than one loss occurrence and the United States Government does not designate the amount allocable to each loss occurrence, the reimbursement shall be prorated in the proportion that the Company’s insured losses in each loss occurrence bear to the Company’s total insured losses arising out of all loss occurrences to which the recovery applies.

 

Article 13 - Reinsurance Premium

 

A. As premium for each excess layer of reinsurance coverage provided by this Contract, the Company shall pay the Reinsurer the greater of the following:

 

1.                    The amount, shown as “Minimum Premium” for that excess layer in Schedule A attached hereto (or a pro rata portion thereof if a Subscribing Reinsurer’s share under that excess layer is terminated in accordance with the provisions of this Contract); or

 

2.                    The percentage, shown as “Premium Rate” for that excess layer in Schedule A attached hereto, of the Company’s net earned premium for the term of this Contract.

 

B. The Company shall pay the Reinsurer a deposit premium for each excess layer of the amount, shown as “Deposit Premium” for that excess layer in Schedule A attached hereto, in four equal installments of the amount, shown as “Quarterly Deposit Premium” for that excess layer in Schedule A attached hereto, on January 1, April 1, July 1 and October 1 of 2011. In the event that a Subscribing Reinsurer’s share under any excess layer hereof is terminated, no quarterly deposit premium installment(s) for such layer(s) shall be due to such Subscribing Reinsurer after the effective time and date of termination.

 

C. Within 60 days after the termination or expiration of this Contract, the Company shall provide a report to the Reinsurer setting forth the premium due hereunder for each excess layer, computed in accordance with paragraph A, and any additional premium due the Reinsurer or return premium due the Company for each such excess layer shall be remitted promptly.

 

9











 

D. “Net earned premium” as used herein is defined as gross earned premium of the Company for the classes of business reinsured hereunder, less the earned portion of premiums ceded by the Company for reinsurance which inures to the benefit of this Contract. For purposes of calculating net earned premium, 90.0% of Homeowners Multiple Peril and 80.0% of Commercial Multiple Peril total basic policy premium on indivisible premium policies shall be considered subject premium.

 

Article 14 - Late Payments

 

A. The provisions of this Article shall not be implemented unless specifically invoked, in writing, by one of the parties to this Contract.

 

B. In the event any premium, loss or other payment due either party is not received by the intermediary named in the Intermediary Article (hereinafter referred to as the “Intermediary”) by the payment due date, the party to whom payment is due may, by notifying the Intermediary in writing, require the debtor party to pay, and the debtor party agrees to pay, an interest penalty on the amount past due calculated for each such payment on the last business day of each month as follows:

 

1.                    The number of full days which have expired since the due date or the last monthly calculation, whichever the lesser; times

 

2.                    1/365ths of the six-month United States Treasury Bill rate as quoted in The Wall Street Journal on the first business day of the month for which the calculation is made; times

 

3.                    The amount past due, including accrued interest.

 

It is agreed that interest shall accumulate until payment of the original amount due plus interest penalties have been received by the Intermediary.

 

C. The establishment of the due date shall, for purposes of this Article, be determined as follows:

 

1.                    As respects the payment of routine deposits and premiums due the Reinsurer, the due date shall be as provided for in the applicable section of this Contract. In the event a due date is not specifically stated for a given payment, it shall be deemed due 30 business days after the date of transmittal by the Intermediary of the initial billing for each such payment.

 

2.                    Any claim or loss payment due the Company hereunder shall be deemed due 30 business days after the proof of loss or demand for payment is transmitted to the Reinsurer. If such loss or claim payment is not received within the 30 business days, interest will accrue on the payment or amount overdue in accordance with paragraph B above, from the date the proof of loss or demand for payment was transmitted to the Reinsurer.

 

3.                    As respects any payment, adjustment or return due either party not otherwise provided for in subparagraphs 1 and 2 of this paragraph, the due date shall be as provided for in the applicable section of this Contract. In the event a due date is not

 

10











 

specifically stated for a given payment, it shall be deemed due 30 business days following transmittal of written notification that the provisions of this Article have been invoked.

 

For purposes of interest calculations only, amounts due hereunder shall be deemed paid upon receipt by the Intermediary.

 

D.                 Nothing herein shall be construed as limiting or prohibiting a Subscribing Reinsurer from contesting the validity of any claim, or from participating in the defense of any claim or suit, or prohibiting either party from contesting the validity of any payment or from initiating any arbitration or other proceeding in accordance with the provisions of this Contract. If the debtor party prevails in an arbitration or other proceeding, then any interest penalties due hereunder on the amount in dispute shall be null and void. If the debtor party loses in such proceeding, then the interest penalty on the amount determined to be due hereunder shall be calculated in accordance with the provisions set forth above unless otherwise determined by such proceedings. If a debtor party advances payment of any amount it is contesting, and proves to be correct in its contestation, either in whole or in part, the other party shall reimburse the debtor party for any such excess payment made plus interest on the excess amount calculated in accordance with this Article.

 

E.                   Interest penalties arising out of the application of this Article that are $100 or less from any party shall be waived unless there is a pattern of late payments consisting of three or more items over the course of any 12-month period.

 

Article 15 - Offset (BRMA 36C)

 

The Company and the Reinsurer shall have the right to offset any balance or amounts due from one party to the other under the terms of this Contract. The party asserting the right of offset may exercise such right any time whether the balances due are on account of premiums or losses or otherwise.

 

Article 16 - Access to Records

 

The Reinsurer or its designated representatives shall have access at any reasonable time to all records of the Company which pertain in any way to this reinsurance. However, a Subscribing Reinsurer or its designated representatives shall not have any right of access to the records of the Company if it is not current in all undisputed payments due the Company. “Undisputed” as used herein shall mean any amount that the Subscribing Reinsurer has not contested in writing to the Company that specifies the reason(s) why the payments are disputed.

 

Article 17 - Liability of the Reinsurer

 

A. The liability of the Reinsurer shall follow that of the Company in every case and be subject in all respects to all the general and specific stipulations, clauses, waivers and modifications of the Company’s policies and any endorsements thereon. However, in no event shall this be construed in any way to provide coverage outside the terms and conditions set forth in this Contract.

 

11












 

B. Nothing herein shall in any manner create any obligations or establish any rights against the Reinsurer in favor of any third party or any persons not parties to this Contract.

 

Article 18 - Net Retained Lines (BRMA 32E)

 

A.                This Contract applies only to that portion of any policy which the Company retains net for its own account (prior to deduction of any underlying reinsurance specifically permitted in this Contract), and in calculating the amount of any loss hereunder and also in computing the amount or amounts in excess of which this Contract attaches, only loss or losses in respect of that portion of any policy which the Company retains net for its own account shall be included.

 

B.                  The amount of the Reinsurer’s liability hereunder in respect of any loss or losses shall not be increased by reason of the inability of the Company to collect from any other reinsurer(s), whether specific or general, any amounts which may have become due from such reinsurer(s), whether such inability arises from the insolvency of such other reinsurer(s) or otherwise.

 

Article 19 - Errors and Omissions (BRMA 14F)

 

Inadvertent delays, errors or omissions made in connection with this Contract or any transaction hereunder shall not relieve either party from any liability which would have attached had such delay, error or omission not occurred, provided always that such error or omission is rectified as soon as possible after discovery.

 

Article 20 - Currency (BRMA 12A)

 

A.                Whenever the word “Dollars” or the “$” sign appears in this Contract, they shall be construed to mean United States Dollars and all transactions under this Contract shall be in United States Dollars.

 

B.                  Amounts paid or received by the Company in any other currency shall be converted to United States Dollars at the rate of exchange at the date such transaction is entered on the books of the Company.

 

Article 21 - Taxes (BRMA 50B)

 

In consideration of the terms under which this Contract is issued, the Company will not claim a deduction in respect of the premium hereon when making tax returns, other than income or profits tax returns, to any state or territory of the United States of America or the District of Columbia.

 

12











 

Article 22 - Federal Excise Tax

 

A.                The Reinsurer has agreed to allow for the purpose of paying the Federal Excise Tax the applicable percentage of the premium payable hereon (as imposed under Section 4371 of the Internal Revenue Code) to the extent such premium is subject to the Federal Excise Tax.

 

B.                  In the event of any return of premium becoming due hereunder the Reinsurer will deduct the applicable percentage from the return premium payable hereon and the Company or its agent should take steps to recover the tax from the United States Government.

 

Article 23 - Unauthorized Reinsurers

 

A. If the Reinsurer is unauthorized in any state of the United States of America or the District of Columbia, the Reinsurer agrees to fund its share of the Company’s ceded United States outstanding loss and loss adjustment expense reserves (including all case reserves plus any reasonable amount estimated to be unreported from known loss occurrences) by:

 

1.                    Clean, irrevocable and unconditional letters of credit issued and confirmed, if confirmation is required by the insurance regulatory authorities involved, by a bank or banks meeting the NAIC Securities Valuation Office credit standards for issuers of letters of credit and acceptable to said insurance regulatory authorities; and/or

 

2.                    Escrow accounts for the benefit of the Company; and/or

 

3.                    Cash advances;

 

if, without such funding, a penalty would accrue to the Company on any financial statement it is required to file with the insurance regulatory authorities involved. The Reinsurer, at its sole option, may fund in other than cash if its method and form of funding are acceptable to the insurance regulatory authorities involved.

 

B. With regard to funding in whole or in part by letters of credit, it is agreed that each letter of credit will be in a form acceptable to insurance regulatory authorities involved, will be issued for a term of at least one year and will include an “evergreen clause,” which automatically extends the term for at least one additional year at each expiration date unless written notice of non-renewal is given to the Company not less than 30 days prior to said expiration date. The Company and the Reinsurer further agree, notwithstanding anything to the contrary in this Contract, that said letters of credit may be drawn upon by the Company or its successors in interest at any time, without diminution because of the insolvency of the Company or the Reinsurer, but only for one or more of the following purposes:

 

1.                    To reimburse itself for the Reinsurer’s share of losses and/or loss adjustment expense paid under the terms of policies reinsured hereunder, unless paid in cash by the Reinsurer;

 

2.                    To reimburse itself for the Reinsurer’s share of any other amounts claimed to be due hereunder, unless paid in cash by the Reinsurer;

 

13











 

3.                    To fund a cash account in an amount equal to the Reinsurer’s share of any ceded outstanding loss and loss adjustment expense reserves (including all case reserves plus any reasonable amount estimated to be unreported from known loss occurrences) funded by means of a letter of credit which is under non-renewal notice, if said letter of credit has not been renewed or replaced by the Reinsurer 10 days prior to its expiration date;

 

4.                    To refund to the Reinsurer any sum in excess of the actual amount required to fund the Reinsurer’s share of the Company’s ceded outstanding loss and loss adjustment expense reserves (including all case reserves plus any reasonable amount estimated to be unreported from known loss occurrences), if so requested by the Reinsurer.

 

In the event the amount drawn by the Company on any letter of credit is in excess of the actual amount required for B(1) or B(3), or in the case of B(2), the actual amount determined to be due, the Company shall promptly return to the Reinsurer the excess amount so drawn.

 

Article 24 - Insolvency

 

A.                In the event of the insolvency of one or more of the reinsured companies, this reinsurance shall be payable directly to the company or to its liquidator, receiver, conservator or statutory successor on the basis of the liability of the company without diminution because of the insolvency of the company or because the liquidator, receiver, conservator or statutory successor of the company has failed to pay all or a portion of any claim. It is agreed, however, that the liquidator, receiver, conservator or statutory successor of the company shall give written notice to the Reinsurer of the pendency of a claim against the company indicating the policy or bond reinsured which claim would involve a possible liability on the part of the Reinsurer within a reasonable time after such claim is filed in the conservation or liquidation proceeding or in the receivership, and that during the pendency of such claim, the Reinsurer may investigate such claim and interpose, at its own expense, in the proceeding where such claim is to be adjudicated, any defense or defenses that it may deem available to the company or its liquidator, receiver, conservator or statutory successor. The expense thus incurred by the Reinsurer shall be chargeable, subject to the approval of the Court, against the company as part of the expense of conservation or liquidation to the extent of a pro rata share of the benefit which may accrue to the company solely as a result of the defense undertaken by the Reinsurer.

 

B.                  Where two or more reinsurers are involved in the same claim and a majority in interest elect to interpose defense to such claim, the expense shall be apportioned in accordance with the terms of this Contract as though such expense had been incurred by the company.

 

C.                  It is further understood and agreed that, in the event of the insolvency of one or more of the reinsured companies, the reinsurance under this Contract shall be payable directly by the Reinsurer to the company or to its liquidator, receiver or statutory successor, except as provided by Section 4118(a) of the New York Insurance Law or except (1) where this Contract specifically provides another payee of such reinsurance in the event of the insolvency of the company or (2) where the Reinsurer with the consent of the direct insured or insureds has assumed such policy obligations of the company as direct obligations of the

 

14











 

Reinsurer to the payees under such policies and in substitution for the obligations of the company to such payees.

 

Article 25 - Arbitration

 

A.                As a condition precedent to any right of action hereunder, in the event of any dispute or difference of opinion hereafter arising with respect to this Contract, it is hereby mutually agreed that such dispute or difference of opinion shall be submitted to arbitration. One Arbiter shall be chosen by the Company, the other by the Reinsurer, and an Umpire shall be chosen by the two Arbiters before they enter upon arbitration, all of whom shall be active or retired disinterested executive officers of insurance or reinsurance companies or Lloyd’s London Underwriters. In the event that either party should fail to choose an Arbiter within 30 days following a written request by the other party to do so, the requesting party may choose two Arbiters who shall in turn choose an Umpire before entering upon arbitration. If the two Arbiters fail to agree upon the selection of an Umpire within 30 days following their appointment, the two Arbiters shall request the American Arbitration Association to appoint the Umpire. If the American Arbitration Association fails to appoint the Umpire within 30 days after it has been requested to do so, either party may request a justice of a Court of general jurisdiction of the state in which the arbitration is to be held to appoint the Umpire.

 

B.                  Each party shall present its case to the Arbiters within 30 days following the date of appointment of the Umpire. The Arbiters shall consider this Contract as an honorable engagement rather than merely as a legal obligation and they are relieved of all judicial formalities and may abstain from following the strict rules of law. The decision of the Arbiters shall be final and binding on both parties; but failing to agree, they shall call in the Umpire and the decision of the majority shall be final and binding upon both parties. Judgment upon the final decision of the Arbiters may be entered in any court of competent jurisdiction.

 

C.                  If more than one reinsurer is involved in the same dispute, all such reinsurers shall constitute and act as one party for purposes of this Article and communications shall be made by the Company to each of the reinsurers constituting one party, provided, however, that nothing herein shall impair the rights of such reinsurers to assert several, rather than joint, defenses or claims, nor be construed as changing the liability of the reinsurers participating under the terms of this Contract from several to joint.

 

D.                 Each party shall bear the expense of its own Arbiter, and shall jointly and equally bear with the other the expense of the Umpire and of the arbitration. In the event that the two Arbiters are chosen by one party, as above provided, the expense of the Arbiters, the Umpire and the arbitration shall be equally divided between the two parties.

 

E.                   Any arbitration proceedings shall take place at a location mutually agreed upon by the parties to this Contract, but notwithstanding the location of the arbitration, all proceedings pursuant hereto shall be governed by the law of the state in which the Company has its principal office.

 

15











 

Article 26 - Service of Suit (BRMA 49C)

 

(Applicable if the Reinsurer is not domiciled in the United States of America, and/or is not authorized in any State, Territory or District of the United States where authorization is required by insurance regulatory authorities)

 

A.                It is agreed that in the event the Reinsurer fails to pay any amount claimed to be due hereunder, the Reinsurer, at the request of the Company, will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the Reinsurer’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States.

 

B.                  Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Reinsurer hereby designates the party named in its Interests and Liabilities Agreement, or if no party is named therein, the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as its true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Company or any beneficiary hereunder arising out of this Contract.

 

Article 27 - Agency Agreement

 

If more than one reinsured company is named as a party to this Contract, the first named company shall be deemed the agent of the other reinsured companies for purposes of sending or receiving notices required by the terms and conditions of this Contract, and for purposes of remitting or receiving any monies due any party.

 

Article 28 - Governing Law

 

This Contract shall be governed by and construed in accordance with the law of the Commonwealth of Massachusetts.

 

Article 29 - Severability (BRMA 72E)

 

If any provision of this Contract shall be rendered illegal or unenforceable by the laws, regulations or public policy of any state, such provision shall be considered void in such state, but this shall not affect the validity or enforceability of any other provision of this Contract or the enforceability of such provision in any other jurisdiction.

 

Article 30 - Notices and Contract Execution

 

A. Whenever a notice, statement, report or any other written communication is required by this Contract, unless otherwise specified, such notice, statement, report or other written communication may be transmitted by certified or registered mail, nationally or

 











 

internationally recognized express delivery service, personal delivery, electronic mail, or facsimile. With the exception of notices of termination, first class mail is also acceptable.

 

B. The use of any of the following shall constitute a valid execution of this Contract or any amendments thereto:

 

1.                   Paper documents with an original ink signature;

 

2.                   Facsimile or electronic copies of paper documents showing an original ink signature; and/or

 

3.                   Electronic records with an electronic signature made via an electronic agent. For the purposes of this Contract, the terms “electronic record,” “electronic signature” and “electronic agent” shall have the meanings set forth in the Electronic Signatures in Global and National Commerce Act of 2000 or any amendments thereto.

 

C. This Contract may be executed in one or more counterparts, each of which, when duly executed, shall be deemed an original.

 

Article 31 - Intermediary

 

Aon Benfield Inc., or one of its affiliated corporations duly licensed as a reinsurance intermediary, is hereby recognized as the Intermediary negotiating this Contract for all business hereunder. All communications (including but not limited to notices, statements, premiums, return premiums, commissions, taxes, losses, loss adjustment expense, salvages and loss settlements) relating to this Contract will be transmitted to the Company or the Reinsurer through the Intermediary. Payments by the Company to the Intermediary will be deemed payment to the Reinsurer. Payments by the Reinsurer to the Intermediary will be deemed payment to the Company only to the extent that such payments are actually received by the Company.

 

In Witness Whereof, the Company by its duly authorized representative has executed this Contract as of the date specified below:

 

	
This 4th day of January
    	
in the year 2011
    
	
 
    	
 
    
	
 
    	
 
    
	
Safety Insurance Company
    	
 
    
	
Safety Indemnity Insurance Company
    	
 
    
	
Safety Property and Casualty Insurance Company
    	
 
    
	
 
    	
 
    
	
/s/  Edward N. Patrick
    	
 
    	
 
    
			


 

17











 

Schedule A

 

Excess Catastrophe
 Reinsurance Contract

Effective: January 1, 2011



issued to

 

Safety Insurance Company
 Safety Indemnity Insurance Company

and

Safety Property and Casualty Insurance Company

all of Boston, Massachusetts

 

	
 
    	
 
    	
First
   Excess
    	
 
    	
Second
   Excess
    	
 
    	
Third
   Excess
    	
 
    	
Fourth
   Excess
    	
 
    
	
Company’s Retention
    	
 
    	
$
    	
30,000,000
    	
 
    	
$
    	
80,000,000
    	
 
    	
$
    	
160,000,000
    	
 
    	
$
    	
410,000,000
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
Reinsurer’s Per Occurrence Limit
    	
 
    	
$
    	
50,000,000
    	
 
    	
$
    	
80,000,000
    	
 
    	
$
    	
250,000,000
    	
 
    	
$
    	
125,000,000
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
Reinsurer’s Term Limit
    	
 
    	
$
    	
100,000,000
    	
 
    	
$
    	
160,000,000
    	
 
    	
$
    	
500,000,000
    	
 
    	
$
    	
250,000,000
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
Minimum Premium
    	
 
    	
$
    	
3,600,000
    	
 
    	
$
    	
4,160,000
    	
 
    	
$
    	
8,000,000
    	
 
    	
$
    	
3,000,000
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
Premium Rate
    	
 
    	
2.6240
    	
%
    	
3.0320
    	
%
    	
5.8320
    	
%
    	
2.1868
    	
%
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
Deposit Premium
    	
 
    	
$
    	
4,500,000
    	
 
    	
$
    	
5,200,000
    	
 
    	
$
    	
10,000,000
    	
 
    	
$
    	
3,750,000
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
Quarterly Deposit Premium
    	
 
    	
$
    	
1,125,000
    	
 
    	
$
    	
1,300,000
    	
 
    	
$
    	
2,500,000
    	
 
    	
$
    	
937,500
    	
 
    


 

The figures listed above for each excess layer shall apply to each Subscribing Reinsurer in the percentage share for that excess layer as expressed in its Interests and Liabilities Agreement attached hereto.

 











 

 

Nuclear Incident Exclusion Clause - Physical Damage - Reinsurance (U.S.A.)

 

1.               This Reinsurance does not cover any loss or liability accruing to the Reassured, directly or indirectly and whether as Insurer or Reinsurer, from any Pool of Insurers or Reinsurers formed for the purpose of covering Atomic or Nuclear Energy risks.

 

2.               Without in any way restricting the operation of paragraph (1) of this Clause, this Reinsurance does not cover any loss or liability accruing to the Reassured, directly or indirectly and whether as Insurer or Reinsurer, from any insurance against Physical Damage (including business interruption or consequential loss arising out of such Physical Damage) to:

 

I.                      Nuclear reactor power plants including all auxiliary property on the site, or

 

II.                  Any other nuclear reactor installation, including laboratories handling radioactive materials in connection with reactor installations, and “critical facilities” as such, or

 

III.              Installations for fabricating complete fuel elements or for processing substantial quantities of “special nuclear material,” and for reprocessing, salvaging, chemically separating, storing or disposing of “spent” nuclear fuel or waste materials, or

 

IV.              Installations other than those listed in paragraph (2) III above using substantial quantities of radioactive isotopes or other products of nuclear fission.

 

3.               Without in any way restricting the operations of paragraphs (1) and (2) hereof, this Reinsurance does not cover any loss or liability by radioactive contamination accruing to the Reassured, directly or indirectly, and whether as Insurer or Reinsurer, from any insurance on property which is on the same site as a nuclear reactor power plant or other nuclear installation and which normally would be insured therewith except that this paragraph (3) shall not operate

 

(a)                    where Reassured does not have knowledge of such nuclear reactor power plant or nuclear installation, or

 

(b)                   where said insurance contains a provision excluding coverage for damage to property caused by or resulting from radioactive contamination, however caused. However on and after 1st January 1960 this sub-paragraph (b) shall only apply provided the said radioactive contamination exclusion provision has been approved by the Governmental Authority having jurisdiction thereof.

 

4.               Without in any way restricting the operations of paragraphs (1), (2) and (3) hereof, this Reinsurance does not cover any loss or liability by radioactive contamination accruing to the Reassured, directly or indirectly, and whether as Insurer or Reinsurer, when such radioactive contamination is a named hazard specifically insured against.

 

5.               It is understood and agreed that this Clause shall not extend to risks using radioactive isotopes in any form where the nuclear exposure is not considered by the Reassured to be the primary hazard.

 

6.               The term “special nuclear material” shall have the meaning given it in the Atomic Energy Act of 1954 or by any law amendatory thereof.

 

7.      Reassured to be sole judge of what constitutes:

 

(a)       substantial quantities, and

 

(b)      the extent of installation, plant or site. Note.-Without in any way restricting the operation of paragraph (1) hereof, it is understood and agreed that

 

(a)                    all policies issued by the Reassured on or before 31st December 1957 shall be free from the application of the other provisions of this Clause until expiry date or 31st December 1960 whichever first occurs whereupon all the provisions of this Clause shall apply.

 

(b)                   with respect to any risk located in Canada policies issued by the Reassured on or before 31st December 1958 shall be free from the application of the other provisions of this Clause until expiry date or 31st December 1960 whichever first occurs whereupon all the provisions of this Clause shall apply.

 











 

Total Insured Value Exclusion Clause

 

It is the mutual intention of the parties to exclude risks, other than Offices, Hotels, Apartments, Hospitals, Educational Establishments and Public Utilities (except Railroad Schedules), and Builders Risks on the above classes, where at the time of cession, the Total Insured Value over all interests exceeds $250,000,000. However, the Company shall be protected hereunder, subject to the other terms and conditions of this Contract, if subsequent to cession being made, the Company becomes acquainted with the true facts of the case and discovers that the mutual intention has been inadvertently breached; on condition that the Company shall at the first opportunity, and certainly by next anniversary of the original policy, exclude the risk in question.

 

It is agreed that this mutual intention does not apply to Contingent Business Interruption or to interests traditionally underwritten as Inland Marine or to Stock and/or Contents written on a blanket basis except where the Company is aware that the Total Insured Value of $250,000,000 is already exceeded for buildings, machinery, equipment and direct use and occupancy at the key location.

 

It is understood and agreed that this Clause shall not apply hereunder where the Company writes 100% of the risk.

 











 

Terrorism Exclusion Clause

 

A.                Notwithstanding any provision to the contrary within this Contract or any addendum thereto, it is agreed that this Contract excludes loss, damage, cost or expense directly or indirectly caused by, contributed to by, resulting from, arising out of or in connection with any “act of terrorism,” as defined in the Terrorism Risk Insurance Act of 2002, as amended by the Terrorism Risk Insurance Extension Act of 2005, and any subsequent amendments or extensions thereof (the “Terrorism Act”), provided such “act of terrorism” has been committed by an individual or individuals acting on behalf of any foreign person or foreign interest, on primary or excess property and casualty insurance issued by the Company, regardless of any other cause or event contributing concurrently or in any sequence to the loss.

 

B.                  Notwithstanding the above and subject otherwise to the terms, conditions and limitations of this Contract, this Contract will pay actual loss or damage caused by any act of terrorism which does not meet the definition of “insured loss” set forth in the Terrorism Act or meets the definition of “insured loss” as set forth in the Terrorism Act, but results in loss under a policy that is not included in “property and casualty insurance” as defined in the Terrorism Act, provided, in either case, (1) such loss or damage occurs in a line of insurance otherwise covered by this Contract, and (2) in no event will this Contract provide coverage for loss, damage, cost or expense directly or indirectly caused by, contributed to by, resulting from, or arising out of or in connection with biological, chemical, radioactive or nuclear explosion, pollution, contamination and/or fire following thereon.

 












 

Interests and Liabilities Agreement

of

 

ACE Tempest Reinsurance Ltd.

Hamilton, Bermuda
 (hereinafter referred to as the “Subscribing Reinsurer”)

 

with respect to the

 

Excess Catastrophe
 Reinsurance Contract

Effective: January 1, 2011



issued to

 

Safety Insurance Company
 Safety Indemnity Insurance Company

and

Safety Property and Casualty Insurance Company

all of Boston, Massachusetts

 

The Subscribing Reinsurer hereby accepts the following percentage share(s) in the interests and liabilities of the “Reinsurer” as set forth in the attached Contract captioned above:

 

0% of the First Excess Catastrophe Reinsurance

2.000000% of the Second Excess Catastrophe Reinsurance

2.000000% of the Third Excess Catastrophe Reinsurance

4.500000% of the Fourth Excess Catastrophe Reinsurance

 

This Agreement shall become effective at 12:01 a.m., Eastern Standard Time, January 1, 2011, and shall continue in force until 12:01 a.m., Eastern Standard Time, January 1, 2012, unless earlier terminated in accordance with the provisions of the attached Contract.

 

The Subscribing Reinsurer’s share in the attached Contract shall be separate and apart from the shares of the other reinsurers, and shall not be joint with the shares of the other reinsurers, it being understood that the Subscribing Reinsurer shall in no event participate in the interests and liabilities of the other reinsurers.

 

In Witness Whereof, the Subscribing Reinsurer by its duly authorized representative has executed this Agreement as of the date specified below:

 

This 6th day of January in the year 2011.  ACE Tempest Reinsurance Ltd..

 

	
/s/ Illegible
    	
 
    


 











 

Interests and Liabilities Agreement

of

 

Allied World Assurance Company, Ltd

Hamilton, Bermuda
 (hereinafter referred to as the “Subscribing Reinsurer”)

 

with respect to the

 

Excess Catastrophe
 Reinsurance Contract

Effective: January 1, 2011



issued to

 

Safety Insurance Company
 Safety Indemnity Insurance Company

and

Safety Property and Casualty Insurance Company

all of Boston, Massachusetts

 

The Subscribing Reinsurer hereby accepts the following percentage share(s) in the interests and liabilities of the “Reinsurer” as set forth in the attached Contract captioned above:

 

2.500000% of the First Excess Catastrophe Reinsurance

1.350000% of the Second Excess Catastrophe Reinsurance

0.750000% of the Third Excess Catastrophe Reinsurance

0.800000% of the Fourth Excess Catastrophe Reinsurance

 

This Agreement shall become effective at 12:01 a.m., Eastern Standard Time, January 1, 2011, and shall continue in force until 12:01 a.m., Eastern Standard Time, January 1, 2012, unless earlier terminated in accordance with the provisions of the attached Contract.

 

The Subscribing Reinsurer’s share in the attached Contract shall be separate and apart from the shares of the other reinsurers, and shall not be joint with the shares of the other reinsurers, it being understood that the Subscribing Reinsurer shall in no event participate in the interests and liabilities of the other reinsurers.

 

In Witness Whereof, the Subscribing Reinsurer by its duly authorized representative has executed this Agreement as of the date specified below:

 

This 17th day of January in the year 2011.  Allied World Assurance Company, Ltd.

 

	
/s/ Illegible
    	
 
    


 











 

Interests and Liabilities Agreement

of

 

American Agricultural Insurance Company

Indianapolis, Indiana
 (hereinafter referred to as the “Subscribing Reinsurer”)

 

with respect to the

 

Excess Catastrophe
 Reinsurance Contract

Effective: January 1, 2011



 issued to

 

Safety Insurance Company
 Safety Indemnity Insurance Company

and

Safety Property and Casualty Insurance Company

all of Boston, Massachusetts

 

The Subscribing Reinsurer hereby accepts the following percentage share(s) in the interests and liabilities of the “Reinsurer” as set forth in the attached Contract captioned above:

 

0% of the First Excess Catastrophe Reinsurance

0.750000% of the Second Excess Catastrophe Reinsurance

0.750000% of the Third Excess Catastrophe Reinsurance

1.500000% of the Fourth Excess Catastrophe Reinsurance

 

This Agreement shall become effective at 12:01 a.m., Eastern Standard Time, January 1, 2011, and shall continue in force until 12:01 a.m., Eastern Standard Time, January 1, 2012, unless earlier terminated in accordance with the provisions of the attached Contract.

 

The Subscribing Reinsurer’s share in the attached Contract shall be separate and apart from the shares of the other reinsurers, and shall not be joint with the shares of the other reinsurers, it being understood that the Subscribing Reinsurer shall in no event participate in the interests and liabilities of the other reinsurers.

 

In Witness Whereof, the Subscribing Reinsurer by its duly authorized representative has executed this Agreement as of the date specified below:

 

This 6th  day of January in the year 2011.  American Agricultural Insurance Company

 

	
/s/ Virgil R. Maxwell,   Senior Vice President, Broker Assumed Reinsurance
    	
 
    


 











 

Interests and Liabilities Agreement

of

 

American Standard Insurance Company of Wisconsin

Madison, Wisconsin
 (hereinafter referred to as the “Subscribing Reinsurer”)

 

with respect to the

 

Excess Catastrophe
 Reinsurance Contract

Effective: January 1, 2011



issued to

 

Safety Insurance Company
 Safety Indemnity Insurance Company

and

Safety Property and Casualty Insurance Company

all of Boston, Massachusetts

 

The Subscribing Reinsurer hereby accepts the following percentage share(s) in the interests and liabilities of the “Reinsurer” as set forth in the attached Contract captioned above:

 

0% of the First Excess Catastrophe Reinsurance

0% of the Second Excess Catastrophe Reinsurance

1.750000% of the Third Excess Catastrophe Reinsurance

0.500000% of the Fourth Excess Catastrophe Reinsurance

 

This Agreement shall become effective at 12:01 a.m., Eastern Standard Time, January 1, 2011, and shall continue in force until 12:01 a.m., Eastern Standard Time, January 1, 2012, unless earlier terminated in accordance with the provisions of the attached Contract.

 

The Subscribing Reinsurer’s share in the attached Contract shall be separate and apart from the shares of the other reinsurers, and shall not be joint with the shares of the other reinsurers, it being understood that the Subscribing Reinsurer shall in no event participate in the interests and liabilities of the other reinsurers.

 

In Witness Whereof, the Subscribing Reinsurer by its duly authorized representative has executed this Agreement as of the date specified below:

 

This 17th day of February in the year 2011.  American Standard Insurance Company of Wisconsin

 

	
/s/ Illegible
    	
 
    


 











 

Interests and Liabilities Agreement

of

 

Aspen Insurance Limited

Hamilton, Bermuda
 (hereinafter referred to as the “Subscribing Reinsurer”)

 

with respect to the

 

Excess Catastrophe
 Reinsurance Contract

Effective: January 1, 2011



issued to

 

Safety Insurance Company
 Safety Indemnity Insurance Company

and

Safety Property and Casualty Insurance Company

all of Boston, Massachusetts

 

The Subscribing Reinsurer hereby accepts the following percentage share(s) in the interests and liabilities of the “Reinsurer” as set forth in the attached Contract captioned above:

 

0% of the First Excess Catastrophe Reinsurance

1.000000% of the Second Excess Catastrophe Reinsurance

1.000000% of the Third Excess Catastrophe Reinsurance

0% of the Fourth Excess Catastrophe Reinsurance

 

This Agreement shall become effective at 12:01 a.m., Eastern Standard Time, January 1, 2011, and shall continue in force until 12:01 a.m., Eastern Standard Time, January 1, 2012, unless earlier terminated in accordance with the provisions of the attached Contract.

 

The Subscribing Reinsurer’s share in the attached Contract shall be separate and apart from the shares of the other reinsurers, and shall not be joint with the shares of the other reinsurers, it being understood that the Subscribing Reinsurer shall in no event participate in the interests and liabilities of the other reinsurers.

 

In Witness Whereof, the Subscribing Reinsurer by its duly authorized representative has executed this Agreement as of the date specified below:

 

This 12th day of January in the year 2011.  Aspen Insurance Limited

 

	
/s/ Illegible
    	
 
    


 











 

Interests and Liabilities Agreement

of

 

AXIS Specialty Limited

Pembroke, Bermuda
 (hereinafter referred to as the “Subscribing Reinsurer”)

 

with respect to the

 

Excess Catastrophe
 Reinsurance Contract

Effective: January 1, 2011



issued to

 

Safety Insurance Company
 Safety Indemnity Insurance Company

and

Safety Property and Casualty Insurance Company

all of Boston, Massachusetts

 

The Subscribing Reinsurer hereby accepts the following percentage share(s) in the interests and liabilities of the “Reinsurer” as set forth in the attached Contract captioned above:

 

0% of the First Excess Catastrophe Reinsurance

5.000000% of the Second Excess Catastrophe Reinsurance

5.000000% of the Third Excess Catastrophe Reinsurance

7.000000% of the Fourth Excess Catastrophe Reinsurance

 

This Agreement shall become effective at 12:01 a.m., Eastern Standard Time, January 1, 2011, and shall continue in force until 12:01 a.m., Eastern Standard Time, January 1, 2012, unless earlier terminated in accordance with the provisions of the attached Contract.

 

The Subscribing Reinsurer’s share in the attached Contract shall be separate and apart from the shares of the other reinsurers, and shall not be joint with the shares of the other reinsurers, it being understood that the Subscribing Reinsurer shall in no event participate in the interests and liabilities of the other reinsurers.

 

In Witness Whereof, the Subscribing Reinsurer by its duly authorized representative has executed this Agreement as of the date specified below:

 

This 17th day of January in the year 2011.  AXIS Specialty Limited

 

	
/s/ Illegible
    	
 
    


 











 

Interests and Liabilities Agreement

of

 

Catlin Insurance Company Ltd.

Hamilton, Bermuda
 (hereinafter referred to as the “Subscribing Reinsurer”)

 

with respect to the

 

Excess Catastrophe
 Reinsurance Contract

Effective: January 1, 2011



issued to

 

Safety Insurance Company
 Safety Indemnity Insurance Company

and

Safety Property and Casualty Insurance Company

all of Boston, Massachusetts

 

The Subscribing Reinsurer hereby accepts the following percentage share(s) in the interests and liabilities of the “Reinsurer” as set forth in the attached Contract captioned above:

 

1.000000% of the First Excess Catastrophe Reinsurance

1.000000% of the Second Excess Catastrophe Reinsurance

1.000000% of the Third Excess Catastrophe Reinsurance

1.000000% of the Fourth Excess Catastrophe Reinsurance

 

This Agreement shall become effective at 12:01 a.m., Eastern Standard Time, January 1, 2011, and shall continue in force until 12:01 a.m., Eastern Standard Time, January 1, 2012, unless earlier terminated in accordance with the provisions of the attached Contract.

 

The Subscribing Reinsurer’s share in the attached Contract shall be separate and apart from the shares of the other reinsurers, and shall not be joint with the shares of the other reinsurers, it being understood that the Subscribing Reinsurer shall in no event participate in the interests and liabilities of the other reinsurers.

 

In Witness Whereof, the Subscribing Reinsurer by its duly authorized representative has executed this Agreement as of the date specified below:

 

This 7th day of January in the year 2011.  Catlin Insurance Company Ltd..

 

	
/s/ Illegible
    	
 
    


 











 

Interests and Liabilities Agreement

of

 

DaVinci Reinsurance Ltd.

Hamilton, Bermuda
 (hereinafter referred to as the “Subscribing Reinsurer”)

 

with respect to the

 

Excess Catastrophe
 Reinsurance Contract

Effective: January 1, 2011



issued to

 

Safety Insurance Company
 Safety Indemnity Insurance Company

and

Safety Property and Casualty Insurance Company

all of Boston, Massachusetts

 

The Subscribing Reinsurer hereby accepts the following percentage share(s) in the interests and liabilities of the “Reinsurer” as set forth in the attached Contract captioned above:

 

0% of the First Excess Catastrophe Reinsurance

0% of the Second Excess Catastrophe Reinsurance

0.333333% of the Third Excess Catastrophe Reinsurance

1.150000% of the Fourth Excess Catastrophe Reinsurance

 

This Agreement shall become effective at 12:01 a.m., Eastern Standard Time, January 1, 2011, and shall continue in force until 12:01 a.m., Eastern Standard Time, January 1, 2012, unless earlier terminated in accordance with the provisions of the attached Contract.

 

The Subscribing Reinsurer’s share in the attached Contract shall be separate and apart from the shares of the other reinsurers, and shall not be joint with the shares of the other reinsurers, it being understood that the Subscribing Reinsurer shall in no event participate in the interests and liabilities of the other reinsurers.

 

In Witness Whereof, the Subscribing Reinsurer by its duly authorized representative has executed this Agreement as of the date specified below:

 

This 11th day of January in the year 2011..  DaVinci Reinsurance Ltd.

 

	
/s/ Illegible
    	
 
    


 











 

Interests and Liabilities Agreement

of

 

Employers Mutual Casualty Company

Des Moines, Iowa
 (hereinafter referred to as the “Subscribing Reinsurer”)

 

with respect to the

 

Excess Catastrophe
 Reinsurance Contract

Effective: January 1, 2011



issued to

 

Safety Insurance Company
 Safety Indemnity Insurance Company

and

Safety Property and Casualty Insurance Company

all of Boston, Massachusetts

 

The Subscribing Reinsurer hereby accepts the following percentage share(s) in the interests and liabilities of the “Reinsurer” as set forth in the attached Contract captioned above:

 

0% of the First Excess Catastrophe Reinsurance

0.250000% of the Second Excess Catastrophe Reinsurance

0.250000% of the Third Excess Catastrophe Reinsurance

0.250000% of the Fourth Excess Catastrophe Reinsurance

 

This Agreement shall become effective at 12:01 a.m., Eastern Standard Time, January 1, 2011, and shall continue in force until 12:01 a.m., Eastern Standard Time, January 1, 2012, unless earlier terminated in accordance with the provisions of the attached Contract.

 

The Subscribing Reinsurer’s share in the attached Contract shall be separate and apart from the shares of the other reinsurers, and shall not be joint with the shares of the other reinsurers, it being understood that the Subscribing Reinsurer shall in no event participate in the interests and liabilities of the other reinsurers.

 

In Witness Whereof, the Subscribing Reinsurer by its duly authorized representative has executed this Agreement as of the date specified below:

 

This 10th day of January in the year 2011.  Employers Mutual Casualty Company

 

	
/s/ Doug Nuehring, Assistant Secretary
    	
 
    


 












 

Interests and Liabilities Agreement

of

 

Endurance Specialty Insurance Ltd.

Hamilton, Bermuda

(hereinafter referred to as the “Subscribing Reinsurer”)

 

with respect to the

 

Excess Catastrophe

Reinsurance Contract

Effective: January 1, 2011

 

issued to

 

Safety Insurance Company

Safety Indemnity Insurance Company

and

Safety Property and Casualty Insurance Company

all of Boston, Massachusetts

 

The Subscribing Reinsurer hereby accepts the following percentage share(s) in the interests and liabilities of the “Reinsurer” as set forth in the attached Contract captioned above:

 

33.550000% of the First Excess Catastrophe Reinsurance 

14.400000% of the Second Excess Catastrophe Reinsurance

3.750000% of the Third Excess Catastrophe Reinsurance 

1.860000% of the Fourth Excess Catastrophe Reinsurance

 

This Agreement shall become effective at 12:01 a.m., Eastern Standard Time, January 1, 2011, and shall continue in force until 12:01 a.m., Eastern Standard Time, January 1, 2012, unless earlier terminated in accordance with the provisions of the attached Contract.

 

The Subscribing Reinsurer’s share in the attached Contract shall be separate and apart from the shares of the other reinsurers, and shall not be joint with the shares of the other reinsurers, it being understood that the Subscribing Reinsurer shall in no event participate in the interests and liabilities of the other reinsurers.

 

In Witness Whereof, the Subscribing Reinsurer by its duly authorized representative has executed this Agreement as of the date specified below:

 

This 6th day of January in the year 2011. Endurance Specialty Insurance Ltd.                                                   .

 

	
/s/ Illegible
    	
 
    


 











 

Interests and Liabilities Agreement

of

Everest Reinsurance Company

A Delaware Corporation

(hereinafter referred to as the “Subscribing Reinsurer”)

 

with respect to the

 

Excess Catastrophe

Reinsurance Contract

Effective: January 1, 2011

 

issued to

 

Safety Insurance Company

Safety Indemnity Insurance Company

and

Safety Property and Casualty Insurance Company

all of Boston, Massachusetts

 

The Subscribing Reinsurer hereby accepts the following percentage share(s) in the interests and liabilities of the “Reinsurer” as set forth in the attached Contract captioned above:

 

5.000000% of the First Excess Catastrophe Reinsurance 

5.000000% of the Second Excess Catastrophe Reinsurance 

5.000000% of the Third Excess Catastrophe Reinsurance

0% of the Fourth Excess Catastrophe Reinsurance

 

This Agreement shall become effective at 12:01 a.m., Eastern Standard Time, January 1, 2011, and shall continue in force until 12:01 a.m., Eastern Standard Time, January 1, 2012, unless earlier terminated in accordance with the provisions of the attached Contract.

 

The Subscribing Reinsurer’s share in the attached Contract shall be separate and apart from the shares of the other reinsurers, and shall not be joint with the shares of the other reinsurers, it being understood that the Subscribing Reinsurer shall in no event participate in the interests and liabilities of the other reinsurers.

 

In Witness Whereof, the Subscribing Reinsurer by its duly authorized representative has executed this Agreement as of the date specified below:

 

This 3rd day of February in the year 2011. Everest  Reinsurance Company.

 

	
/s/ Illegible
    	
 
    


 











 

Interests and Liabilities Agreement

of

 

Farm Bureau Mutual Insurance Company of Michigan

Lansing, Michigan

(hereinafter referred to as the “Subscribing Reinsurer”)

 

with respect to the

 

Excess Catastrophe

Reinsurance Contract

Effective: January 1, 2011

 

issued to

 

Safety Insurance Company

Safety Indemnity Insurance Company

and

Safety Property and Casualty Insurance Company

all of Boston, Massachusetts

 

The Subscribing Reinsurer hereby accepts the following percentage share(s) in the interests and liabilities of the “Reinsurer” as set forth in the attached Contract captioned above:

 

0% of the First Excess Catastrophe Reinsurance 

0% of the Second Excess Catastrophe Reinsurance 

0% of the Third Excess Catastrophe Reinsurance

0.300000% of the Fourth Excess Catastrophe Reinsurance

 

This Agreement shall become effective at 12:01 a.m., Eastern Standard Time, January 1, 2011, and shall continue in force until 12:01 a.m., Eastern Standard Time, January 1, 2012, unless earlier terminated in accordance with the provisions of the attached Contract.

 

The Subscribing Reinsurer’s share in the attached Contract shall be separate and apart from the shares of the other reinsurers, and shall not be joint with the shares of the other reinsurers, it being understood that the Subscribing Reinsurer shall in no event participate in the interests and liabilities of the other reinsurers.

 

In Witness Whereof, the Subscribing Reinsurer by its duly authorized representative has executed this Agreement as of the date specified below:

 

This 25th day of January in the year 2011. Farm Bureau Mutual Insurance Company of Michigan

 

	
/s/ Illegible
    	
 
    


 











 

Interests and Liabilities Agreement

of

 

Farmers Mutual Hail Insurance Company of Iowa

Des Moines, Iowa

(hereinafter referred to as the “Subscribing Reinsurer”)

 

with respect to the

 

Excess Catastrophe

Reinsurance Contract

Effective: January 1, 2011

 

issued to

 

Safety Insurance Company

Safety Indemnity Insurance Company

and

Safety Property and Casualty Insurance Company

all of Boston, Massachusetts

 

The Subscribing Reinsurer hereby accepts the following percentage share(s) in the interests and liabilities of the “Reinsurer” as set forth in the attached Contract captioned above:

 

0% of the First Excess Catastrophe Reinsurance 

0.750000% of the Second Excess Catastrophe Reinsurance

0% of the Third Excess Catastrophe Reinsurance 

0.750000% of the Fourth Excess Catastrophe Reinsurance

 

This Agreement shall become effective at 12:01 a.m., Eastern Standard Time, January 1, 2011, and shall continue in force until 12:01 a.m., Eastern Standard Time, January 1, 2012, unless earlier terminated in accordance with the provisions of the attached Contract.

 

The Subscribing Reinsurer’s share in the attached Contract shall be separate and apart from the shares of the other reinsurers, and shall not be joint with the shares of the other reinsurers, it being understood that the Subscribing Reinsurer shall in no event participate in the interests and liabilities of the other reinsurers.

 

In Witness Whereof, the Subscribing Reinsurer by its duly authorized representative has executed this Agreement as of the date specified below:

 

This 7th day of January in the year 2011. Farmers Mutual Hail Insurance Company of Iowa

 

	
/s/ Candy Magee-Crooks, Assistant Vice President
    	
 
    


 











 

Interests and Liabilities Agreement

of

 

Flagstone Reassurance Suisse SA - Bermuda Branch

Hamilton, Bermuda

(hereinafter referred to as the “Subscribing Reinsurer”)

 

with respect to the

 

Excess Catastrophe

Reinsurance Contract

Effective: January 1, 2011

 

issued to

 

Safety Insurance Company

Safety Indemnity Insurance Company

and

Safety Property and Casualty Insurance Company

all of Boston, Massachusetts

 

The Subscribing Reinsurer hereby accepts the following percentage share(s) in the interests and liabilities of the “Reinsurer” as set forth in the attached Contract captioned above:

 

2.000000% of the First Excess Catastrophe Reinsurance 

2.000000% of the Second Excess Catastrophe Reinsurance 

2.000000% of the Third Excess Catastrophe Reinsurance 

2.440000% of the Fourth Excess Catastrophe Reinsurance

 

This Agreement shall become effective at 12:01 a.m., Eastern Standard Time, January 1, 2011, and shall continue in force until 12:01 a.m., Eastern Standard Time, January 1, 2012, unless earlier terminated in accordance with the provisions of the attached Contract.

 

The Subscribing Reinsurer’s share in the attached Contract shall be separate and apart from the shares of the other reinsurers, and shall not be joint with the shares of the other reinsurers, it being understood that the Subscribing Reinsurer shall in no event participate in the interests and liabilities of the other reinsurers.

 

In Witness Whereof, the Subscribing Reinsurer by its duly authorized representative has executed this Agreement as of the date specified below:

 

This 16th day of February in the year 2011. Flagstone Reassurance Suisse SA- Bermuda Branch.

 

	
/s/ Illegible
    	
 
    


 











 

Interests and Liabilities Agreement

of

 

Hannover Re (Bermuda), Ltd.

Hamilton, Bermuda

(hereinafter referred to as the “Subscribing Reinsurer”)

 

with respect to the

 

Excess Catastrophe

Reinsurance Contract

Effective: January 1, 2011

 

issued to

 

Safety Insurance Company

Safety Indemnity Insurance Company

and

Safety Property and Casualty Insurance Company

all of Boston, Massachusetts

 

The Subscribing Reinsurer hereby accepts the following percentage share(s) in the interests and liabilities of the “Reinsurer” as set forth in the attached Contract captioned above:

 

0% of the First Excess Catastrophe Reinsurance 

3.750000% of the Second Excess Catastrophe Reinsurance 

5.600000% of the Third Excess Catastrophe Reinsurance

0% of the Fourth Excess Catastrophe Reinsurance

 

This Agreement shall become effective at 12:01 a.m., Eastern Standard Time, January 1, 2011, and shall continue in force until 12:01 a.m., Eastern Standard Time, January 1, 2012, unless earlier terminated in accordance with the provisions of the attached Contract.

 

The Subscribing Reinsurer’s share in the attached Contract shall be separate and apart from the shares of the other reinsurers, and shall not be joint with the shares of the other reinsurers, it being understood that the Subscribing Reinsurer shall in no event participate in the interests and liabilities of the other reinsurers.

 

In any action, suit or proceeding to enforce the Subscribing Reinsurer’s obligations under the attached Contract, service of process may be made upon Mendes & Mount, LLP, 750 Seventh Avenue, New York, New York 10019.

 

In Witness Whereof, the Subscribing Reinsurer by its duly authorized representative has executed this Agreement as of the date specified below:

 

This 7th day of January in the year 2011. Hannover Re (Bermuda) , Ltd..

 

	
/s/ Illegible
    	
 
    


 











 

Interests and Liabilities Agreement

of

 

Hardy Bermuda, Ltd.

Hamilton, Bermuda

on behalf of

Syndicate 0382

(hereinafter referred to as the “Subscribing Reinsurer”)

 

with respect to the

 

Excess Catastrophe

Reinsurance Contract

Effective: January 1, 2011

 

issued to

 

Safety Insurance Company

Safety Indemnity Insurance Company

and

Safety Property and Casualty Insurance Company

all of Boston, Massachusetts

 

The Subscribing Reinsurer hereby accepts the following percentage share(s) in the interests and liabilities of the “Reinsurer” as set forth in the attached Contract captioned above:

 

0.500000% of the First Excess Catastrophe Reinsurance 

0.500000% of the Second Excess Catastrophe Reinsurance 

0.500000% of the Third Excess Catastrophe Reinsurance

0% of the Fourth Excess Catastrophe Reinsurance

 

This Agreement shall become effective at 12:01 a.m., Eastern Standard Time, January 1, 2011, and shall continue in force until 12:01 a.m., Eastern Standard Time, January 1, 2012, unless earlier terminated in accordance with the provisions of the attached Contract.

 

The Subscribing Reinsurer’s share in the attached Contract shall be separate and apart from the shares of the other reinsurers, and shall not be joint with the shares of the other reinsurers, it being understood that the Subscribing Reinsurer shall in no event participate in the interests and liabilities of the other reinsurers.

 

In Witness Whereof, the Subscribing Reinsurer by its duly authorized representative has executed this Agreement as of the date specified below:

 

This 5th day of January in the year 2011. Hardy Bermuda, Ltd. (on behalf of Syndicate 0382)                                                            .

 

	
/s/ Illegible
    	
 
    


 











 

Interests and Liabilities Agreement

of

 

Hiscox Insurance Company (Bermuda) Limited

Hamilton, Bermuda

(hereinafter referred to as the “Subscribing Reinsurer”)

 

with respect to the

 

Excess Catastrophe

Reinsurance Contract

Effective: January 1, 2011

 

issued to

 

Safety Insurance Company

Safety Indemnity Insurance Company

and

Safety Property and Casualty Insurance Company

all of Boston, Massachusetts

 

The Subscribing Reinsurer hereby accepts the following percentage share(s) in the interests and liabilities of the “Reinsurer” as set forth in the attached Contract captioned above:

 

1.200000% of the First Excess Catastrophe Reinsurance 

1.200000% of the Second Excess Catastrophe Reinsurance 

1.000000% of the Third Excess Catastrophe Reinsurance 

0.500000% of the Fourth Excess Catastrophe Reinsurance

 

This Agreement shall become effective at 12:01 a.m., Eastern Standard Time, January 1, 2011, and shall continue in force until 12:01 a.m., Eastern Standard Time, January 1, 2012, unless earlier terminated in accordance with the provisions of the attached Contract.

 

The Subscribing Reinsurer’s share in the attached Contract shall be separate and apart from the shares of the other reinsurers, and shall not be joint with the shares of the other reinsurers, it being understood that the Subscribing Reinsurer shall in no event participate in the interests and liabilities of the other reinsurers.

 

In Witness Whereof, the Subscribing Reinsurer by its duly authorized representative has executed this Agreement as of the date specified below:

 

This 6th day of January in the year 2011. Hiscox Insurance Company (Bermuda) Limited                                                                      .

 

	
/s/ Illegible
    	
 
    


 











 

Interests and Liabilities Agreement

of

 

Mapfre Re Compania de Reaseguros, S.A.

Madrid, Spain

(hereinafter referred to as the “Subscribing Reinsurer”)

 

with respect to the

 

Excess Catastrophe

Reinsurance Contract

Effective: January 1, 2011

 

issued to

 

Safety Insurance Company

Safety Indemnity Insurance Company

and

Safety Property and Casualty Insurance Company

all of Boston, Massachusetts

 

The Subscribing Reinsurer hereby accepts the following percentage share(s) in the interests and liabilities of the “Reinsurer” as set forth in the attached Contract captioned above:

 

1.000000% of the First Excess Catastrophe Reinsurance 

1.000000% of the Second Excess Catastrophe Reinsurance 

2.000000% of the Third Excess Catastrophe Reinsurance 

3.000000% of the Fourth Excess Catastrophe Reinsurance

 

This Agreement shall become effective at 12:01 a.m., Eastern Standard Time, January 1, 2011, and shall continue in force until 12:01 a.m., Eastern Standard Time, January 1, 2012, unless earlier terminated in accordance with the provisions of the attached Contract.

 

The Subscribing Reinsurer’s share in the attached Contract shall be separate and apart from the shares of the other reinsurers, and shall not be joint with the shares of the other reinsurers, it being understood that the Subscribing Reinsurer shall in no event participate in the interests and liabilities of the other reinsurers.

 

In Witness Whereof, the Subscribing Reinsurer by its duly authorized representative has executed this Agreement as of the date specified below:

 

This 3rd day of February in the year 2011. Mapfre Re Compania de Reaseguros,S.A.                                                   .

 

	
/s/ Illegible
    	
 
    


 











 

Interests and Liabilities Agreement

of

 

MS Frontier Reinsurance Limited

Hamilton, Bermuda

(hereinafter referred to as the “Subscribing Reinsurer”)

 

with respect to the

 

Excess Catastrophe

Reinsurance Contract

Effective: January 1, 2011

 

issued to

 

Safety Insurance Company

Safety Indemnity Insurance Company

and

Safety Property and Casualty Insurance Company

all of Boston, Massachusetts

 

The Subscribing Reinsurer hereby accepts the following percentage share(s) in the interests and liabilities of the “Reinsurer” as set forth in the attached Contract captioned above:

 

0% of the First Excess Catastrophe Reinsurance

0% of the Second Excess Catastrophe Reinsurance 

1.000000% of the Third Excess Catastrophe Reinsurance 

6.000000% of the Fourth Excess Catastrophe Reinsurance

 

This Agreement shall become effective at 12:01 a.m., Eastern Standard Time, January 1, 2011, and shall continue in force until 12:01 a.m., Eastern Standard Time, January 1, 2012, unless earlier terminated in accordance with the provisions of the attached Contract.

 

The Subscribing Reinsurer’s share in the attached Contract shall be separate and apart from the shares of the other reinsurers, and shall not be joint with the shares of the other reinsurers, it being understood that the Subscribing Reinsurer shall in no event participate in the interests and liabilities of the other reinsurers.

 

In Witness Whereof, the Subscribing Reinsurer by its duly authorized representative has executed this Agreement as of the date specified below:

 

This 31st day of January in the year 2011. MS Frontier Reinsurance Limited.

 

	
/s/ Denisa Sevastita, North American Treaty Underwriter
    	
 
    


 











 

Interests and Liabilities Agreement

of

 

Odyssey America Reinsurance Corporation

Stamford, Connecticut

(hereinafter referred to as the “Subscribing Reinsurer”)

 

with respect to the

 

Excess Catastrophe

Reinsurance Contract

Effective: January 1, 2011

 

issued to

 

Safety Insurance Company

Safety Indemnity Insurance Company

and

Safety Property and Casualty Insurance Company

all of Boston, Massachusetts

 

The Subscribing Reinsurer hereby accepts the following percentage share(s) in the interests and liabilities of the “Reinsurer” as set forth in the attached Contract captioned above:

 

0% of the First Excess Catastrophe Reinsurance 

2.000000% of the Second Excess Catastrophe Reinsurance 

2.000000% of the Third Excess Catastrophe Reinsurance 

2.500000% of the Fourth Excess Catastrophe Reinsurance

 

This Agreement shall become effective at 12:01 a.m., Eastern Standard Time, January 1, 2011, and shall continue in force until 12:01 a.m., Eastern Standard Time, January 1, 2012, unless earlier terminated in accordance with the provisions of the attached Contract.

 

The Subscribing Reinsurer’s share in the attached Contract shall be separate and apart from the shares of the other reinsurers, and shall not be joint with the shares of the other reinsurers, it being understood that the Subscribing Reinsurer shall in no event participate in the interests and liabilities of the other reinsurers.

 

In Witness Whereof, the Subscribing Reinsurer by its duly authorized representative has executed this Agreement as of the date specified below:

 

This 6th day of January in the year 2011. Odyssey America Reinsurance Corporation

 

	
/s/ Illegible
    	
 
    


 











 

Interests and Liabilities Agreement

of

 

Partner Reinsurance Company Ltd.

Pembroke, Bermuda

(hereinafter referred to as the “Subscribing Reinsurer”)

 

with respect to the

 

Excess Catastrophe

Reinsurance Contract

Effective: January 1, 2011

 

issued to

 

Safety Insurance Company

Safety Indemnity Insurance Company

and

Safety Property and Casualty Insurance Company

all of Boston, Massachusetts

 

The Subscribing Reinsurer hereby accepts the following percentage share(s) in the interests and liabilities of the “Reinsurer” as set forth in the attached Contract captioned above:

 

0% of the First Excess Catastrophe Reinsurance 

1.500000% of the Second Excess Catastrophe Reinsurance 

1.500000% of the Third Excess Catastrophe Reinsurance 

2.500000% of the Fourth Excess Catastrophe Reinsurance

 

This Agreement shall become effective at 12:01 a.m., Eastern Standard Time, January 1, 2011, and shall continue in force until 12:01 a.m., Eastern Standard Time, January 1, 2012, unless earlier terminated in accordance with the provisions of the attached Contract.

 

The Subscribing Reinsurer’s share in the attached Contract shall be separate and apart from the shares of the other reinsurers, and shall not be joint with the shares of the other reinsurers, it being understood that the Subscribing Reinsurer shall in no event participate in the interests and liabilities of the other reinsurers.

 

In Witness Whereof, the Subscribing Reinsurer by its duly authorized representative has executed this Agreement as of the date specified below:

 

This 11th day of January in the year 2011. Partner Reinsurance Company Ltd.                                                                             .

 

	
/s/ Illegible
    	
 
    


 












 

Interests and Liabilities Agreement

of

 

Platinum Underwriters Bermuda, Ltd.

Hamilton, Bermuda
 (hereinafter referred to as the “Subscribing Reinsurer”)

 

with respect to the

 

Excess Catastrophe
 Reinsurance Contract

Effective: January 1, 2011



issued to

 

Safety Insurance Company
 Safety Indemnity Insurance Company

and

Safety Property and Casualty Insurance Company

all of Boston, Massachusetts

 

The Subscribing Reinsurer hereby accepts the following percentage share(s) in the interests and liabilities of the “Reinsurer” as set forth in the attached Contract captioned above:

 

0% of the First Excess Catastrophe Reinsurance 

2.500000% of the Second Excess Catastrophe Reinsurance 

2.500000% of the Third Excess Catastrophe Reinsurance 

2.000000% of the Fourth Excess Catastrophe Reinsurance

 

This Agreement shall become effective at 12:01 a.m., Eastern Standard Time, January 1, 2011, and shall continue in force until 12:01 a.m., Eastern Standard Time, January 1, 2012, unless earlier terminated in accordance with the provisions of the attached Contract.

 

The Subscribing Reinsurer’s share in the attached Contract shall be separate and apart from the shares of the other reinsurers, and shall not be joint with the shares of the other reinsurers, it being understood that the Subscribing Reinsurer shall in no event participate in the interests and liabilities of the other reinsurers.

 

In Witness Whereof, the Subscribing Reinsurer by its duly authorized representative has executed this Agreement as of the date specified below:

 

This 6th day of January in the year 2011. Platinum Underwriters Bermuda, Ltd.

 

	
/s/ Tim Duffin, Vice President Underwriter
    	
 
    


 











 

Interests and Liabilities Agreement

of

 

Protective Insurance Company
 Indianapolis, Indiana
 by
 Paladin Catastrophe Management LLC

Chester, New Jersey
 (hereinafter referred to as the “Subscribing Reinsurer”)

 

with respect to the

 

Excess Catastrophe
 Reinsurance Contract

Effective: January 1, 2011



issued to

 

Safety Insurance Company
 Safety Indemnity Insurance Company

and

Safety Property and Casualty Insurance Company

all of Boston, Massachusetts

 

The Subscribing Reinsurer hereby accepts the following percentage share(s) in the interests and liabilities of the “Reinsurer” as set forth in the attached Contract captioned above:

 

4.000000% of the First Excess Catastrophe Reinsurance 

0% of the Second Excess Catastrophe Reinsurance 

0% of the Third Excess Catastrophe Reinsurance

0.500000% of the Fourth Excess Catastrophe Reinsurance

 

This Agreement shall become effective at 12:01 a.m., Eastern Standard Time, January 1, 2011, and shall continue in force until 12:01 a.m., Eastern Standard Time, January 1, 2012, unless earlier terminated in accordance with the provisions of the attached Contract.

 

The Subscribing Reinsurer’s share in the attached Contract shall be separate and apart from the shares of the other reinsurers, and shall not be joint with the shares of the other reinsurers, it being understood that the Subscribing Reinsurer shall in no event participate in the interests and liabilities of the other reinsurers.

 

In Witness Whereof, the Subscribing Reinsurer by its duly authorized representative has executed this Agreement as of the date specified below:

 

This 7th day of January in the year 2011. Paladin Catastrophe Management LLC (for and on behalf of Protective Insurance Company)

 

	
/s/ Illegible
    	
 
    


 











 

Interests and Liabilities Agreement

of

 

QBE Reinsurance Corporation

Philadelphia, Pennsylvania
 (hereinafter referred to as the “Subscribing Reinsurer”)

 

with respect to the

 

Excess Catastrophe
 Reinsurance Contract

Effective: January 1, 2011



issued to

 

Safety Insurance Company
 Safety Indemnity Insurance Company

and

Safety Property and Casualty Insurance Company

all of Boston, Massachusetts

 

The Subscribing Reinsurer hereby accepts the following percentage share(s) in the interests and liabilities of the “Reinsurer” as set forth in the attached Contract captioned above:

 

0% of the First Excess Catastrophe Reinsurance 

0.500000% of the Second Excess Catastrophe Reinsurance 

0.700000% of the Third Excess Catastrophe Reinsurance 

0.500000% of the Fourth Excess Catastrophe Reinsurance

 

This Agreement shall become effective at 12:01 a.m., Eastern Standard Time, January 1, 2011, and shall continue in force until 12:01 a.m., Eastern Standard Time, January 1, 2012, unless earlier terminated in accordance with the provisions of the attached Contract.

 

The Subscribing Reinsurer’s share in the attached Contract shall be separate and apart from the shares of the other reinsurers, and shall not be joint with the shares of the other reinsurers, it being understood that the Subscribing Reinsurer shall in no event participate in the interests and liabilities of the other reinsurers.

 

In Witness Whereof, the Subscribing Reinsurer by its duly authorized representative has executed this Agreement as of the date specified below:

 

This  6th day of January in the year 2011. QBE Reinsurance Corporation

 

	
/s/ Illegible
    	
 
    


 











 

Interests and Liabilities Agreement

of

 

Renaissance Reinsurance, Ltd.

Hamilton, Bermuda
 (hereinafter referred to as the “Subscribing Reinsurer”)

 

with respect to the

 

Excess Catastrophe
 Reinsurance Contract

Effective: January 1, 2011



issued to

 

Safety Insurance Company
 Safety Indemnity Insurance Company

and

Safety Property and Casualty Insurance Company

all of Boston, Massachusetts

 

The Subscribing Reinsurer hereby accepts the following percentage share(s) in the interests and liabilities of the “Reinsurer” as set forth in the attached Contract captioned above:

 

0% of the First Excess Catastrophe Reinsurance

0% of the Second Excess Catastrophe Reinsurance 

0.666667% of the Third Excess Catastrophe Reinsurance 

2.250000% of the Fourth Excess Catastrophe Reinsurance

 

This Agreement shall become effective at 12:01 a.m., Eastern Standard Time, January 1, 2011, and shall continue in force until 12:01 a.m., Eastern Standard Time, January 1, 2012, unless earlier terminated in accordance with the provisions of the attached Contract.

 

The Subscribing Reinsurer’s share in the attached Contract shall be separate and apart from the shares of the other reinsurers, and shall not be joint with the shares of the other reinsurers, it being understood that the Subscribing Reinsurer shall in no event participate in the interests and liabilities of the other reinsurers.

 

In Witness Whereof, the Subscribing Reinsurer by its duly authorized representative has executed this Agreement as of the date specified below:

 

This 11th day of January in the year 2011. Renaissance reinsurance, Ltd.

 

	
/s/ Illegible
    	
 
    


 











 

Interests and Liabilities Agreement

of

 

SCOR Reinsurance Company

New York, New York
 (hereinafter referred to as the “Subscribing Reinsurer”)

 

with respect to the

 

Excess Catastrophe
 Reinsurance Contract

Effective: January 1, 2011



issued to

 

Safety Insurance Company
 Safety Indemnity Insurance Company

and

Safety Property and Casualty Insurance Company

all of Boston, Massachusetts

 

The Subscribing Reinsurer hereby accepts the following percentage share(s) in the interests and liabilities of the “Reinsurer” as set forth in the attached Contract captioned above:

 

5.000000% of the First Excess Catastrophe Reinsurance

0% of the Second Excess Catastrophe Reinsurance 

1.000000% of the Third Excess Catastrophe Reinsurance

0% of the Fourth Excess Catastrophe Reinsurance

 

This Agreement shall become effective at 12:01 a.m., Eastern Standard Time, January 1, 2011, and shall continue in force until 12:01 a.m., Eastern Standard Time, January 1, 2012, unless earlier terminated in accordance with the provisions of the attached Contract.

 

The Subscribing Reinsurer’s share in the attached Contract shall be separate and apart from the shares of the other reinsurers, and shall not be joint with the shares of the other reinsurers, it being understood that the Subscribing Reinsurer shall in no event participate in the interests and liabilities of the other reinsurers.

 

In Witness Whereof, the Subscribing Reinsurer by its duly authorized representative has executed this Agreement as of the date specified below:

 

This 11th day of January in the year 2011. SCOR Reinsurance Company

 

	
/s/ Illegible
    	
 
    


 











 

Interests and Liabilities Agreement

of

 

Shelter Mutual Insurance Company

Columbia, Missouri
 (hereinafter referred to as the “Subscribing Reinsurer”)

 

with respect to the

 

Excess Catastrophe
 Reinsurance Contract

Effective: January 1, 2011



issued to

 

Safety Insurance Company
 Safety Indemnity Insurance Company

and

Safety Property and Casualty Insurance Company

all of Boston, Massachusetts

 

The Subscribing Reinsurer hereby accepts the following percentage share(s) in the interests and liabilities of the “Reinsurer” as set forth in the attached Contract captioned above:

 

0% of the First Excess Catastrophe Reinsurance 

1.500000% of the Second Excess Catastrophe Reinsurance 

1.500000% of the Third Excess Catastrophe Reinsurance 

1.800000% of the Fourth Excess Catastrophe Reinsurance

 

This Agreement shall become effective at 12:01 a.m., Eastern Standard Time, January 1, 2011, and shall continue in force until 12:01 a.m., Eastern Standard Time, January 1, 2012, unless earlier terminated in accordance with the provisions of the attached Contract.

 

The Subscribing Reinsurer’s share in the attached Contract shall be separate and apart from the shares of the other reinsurers, and shall not be joint with the shares of the other reinsurers, it being understood that the Subscribing Reinsurer shall in no event participate in the interests and liabilities of the other reinsurers.

 

In Witness Whereof, the Subscribing Reinsurer by its duly authorized representative has executed this Agreement as of the date specified below:

 

This 6th day of January in the year 2011. Shelter Mutual Insurance Company.

 

	
/s/ William C. Keithley, Executive Vice President
    	
 
    


 











 

Interests and Liabilities Agreement

of

 

Sompo Japan Insurance Inc.

(hereinafter referred to as the “Subscribing Reinsurer”)



with respect to the

 

Excess Catastrophe
 Reinsurance Contract

Effective: January 1, 2011



issued to

 

Safety Insurance Company
 Safety Indemnity Insurance Company

and

Safety Property and Casualty Insurance Company

all of Boston, Massachusetts

 

The Subscribing Reinsurer hereby accepts the following percentage share(s) in the interests and liabilities of the “Reinsurer” as set forth in the attached Contract captioned above:

 

0% of the First Excess Catastrophe Reinsurance 

0% of the Second Excess Catastrophe Reinsurance

4.000000% of the Third Excess Catastrophe Reinsurance

1.600000% of the Fourth Excess Catastrophe Reinsurance

 

This Agreement shall become effective at 12:01 a.m., Eastern Standard Time, January 1, 2011, and shall continue in force until 12:01 a.m., Eastern Standard Time, January 1, 2012, unless earlier terminated in accordance with the provisions of the attached Contract.

 

The Subscribing Reinsurer’s share in the attached Contract shall be separate and apart from the shares of the other reinsurers, and shall not be joint with the shares of the other reinsurers, it being understood that the Subscribing Reinsurer shall in no event participate in the interests and liabilities of the other reinsurers.

 

In Witness Whereof, the Subscribing Reinsurer by its duly authorized representative has executed this Agreement as of the date specified below:

 

This 6th day of January in the year 2011. Sompo Japan Insurance Inc.

 

	
/s/ Mamoru Tanaka, General Manager of Reinsurance Underwriting
    	
 
    


 











 

Interests and Liabilities Agreement

of

 

Swiss Reinsurance America Corporation

Armonk, New York
 (hereinafter referred to as the “Subscribing Reinsurer”)

 

with respect to the

 

Excess Catastrophe
 Reinsurance Contract

Effective: January 1, 2011



issued to

 

Safety Insurance Company
 Safety Indemnity Insurance Company

and

Safety Property and Casualty Insurance Company

all of Boston, Massachusetts

 

The Subscribing Reinsurer hereby accepts the following percentage share(s) in the interests and liabilities of the “Reinsurer” as set forth in the attached Contract captioned above:

 

0% of the First Excess Catastrophe Reinsurance 

5.000000% of the Second Excess Catastrophe Reinsurance 

5.000000% of the Third Excess Catastrophe Reinsurance 

5.000000% of the Fourth Excess Catastrophe Reinsurance

 

This Agreement shall become effective at 12:01 a.m., Eastern Standard Time, January 1, 2011, and shall continue in force until 12:01 a.m., Eastern Standard Time, January 1, 2012, unless earlier terminated in accordance with the provisions of the attached Contract.

 

The Subscribing Reinsurer’s share in the attached Contract shall be separate and apart from the shares of the other reinsurers, and shall not be joint with the shares of the other reinsurers, it being understood that the Subscribing Reinsurer shall in no event participate in the interests and liabilities of the other reinsurers.

 

In Witness Whereof, the Subscribing Reinsurer by its duly authorized representative has executed this Agreement as of the date specified below:

 

This 24th day of January in the year 2011. Swiss Reinsurance America Corporation    By: Swiss Re Underwriters Agency Inc., its authorized representative

 

	
/s/ Illegible
    	
 
    


 











 

Interests and Liabilities Agreement

of

 

Validus Reinsurance, Ltd.

Hamilton, Bermuda
 (hereinafter referred to as the “Subscribing Reinsurer”)

 

with respect to the

 

Excess Catastrophe
 Reinsurance Contract

Effective: January 1, 2011



issued to

 

Safety Insurance Company
 Safety Indemnity Insurance Company

and

Safety Property and Casualty Insurance Company

all of Boston, Massachusetts

 

The Subscribing Reinsurer hereby accepts the following percentage share(s) in the interests and liabilities of the “Reinsurer” as set forth in the attached Contract captioned above:

 

0% of the First Excess Catastrophe Reinsurance 

1.200000% of the Second Excess Catastrophe Reinsurance 

1.500000% of the Third Excess Catastrophe Reinsurance 

6.400000% of the Fourth Excess Catastrophe Reinsurance

 

This Agreement shall become effective at 12:01 a.m., Eastern Standard Time, January 1, 2011, and shall continue in force until 12:01 a.m., Eastern Standard Time, January 1, 2012, unless earlier terminated in accordance with the provisions of the attached Contract.

 

The Subscribing Reinsurer’s share in the attached Contract shall be separate and apart from the shares of the other reinsurers, and shall not be joint with the shares of the other reinsurers, it being understood that the Subscribing Reinsurer shall in no event participate in the interests and liabilities of the other reinsurers.

 

In Witness Whereof, the Subscribing Reinsurer by its duly authorized representative has executed this Agreement as of the date specified below:

 

This 28th day of January in the year 2011. Validus Reinsurance, Ltd.

 

	
/s/ Illegible
    	
 
    


 












 

Interests and Liabilities Agreement

of

 

XL Re Ltd
 Hamilton, Bermuda
 (hereinafter referred to as the “Subscribing Reinsurer”)

 

with respect to the

 

Excess Catastrophe
 Reinsurance Contract

Effective: January 1, 2011



issued to

 

Safety Insurance Company
 Safety Indemnity Insurance Company

and

Safety Property and Casualty Insurance Company

all of Boston, Massachusetts

 

The Subscribing Reinsurer hereby accepts the following percentage share(s) in the interests and liabilities of the “Reinsurer” as set forth in the attached Contract captioned above:

 

3.500000% of the First Excess Catastrophe Reinsurance 

3.500000% of the Second Excess Catastrophe Reinsurance 

3.500000% of the Third Excess Catastrophe Reinsurance 

3.500000% of the Fourth Excess Catastrophe Reinsurance

 

This Agreement shall become effective at 12:01 a.m., Eastern Standard Time, January 1, 2011, and shall continue in force until 12:01 a.m., Eastern Standard Time, January 1, 2012, unless earlier terminated in accordance with the provisions of the attached Contract.

 

The Subscribing Reinsurer’s share in the attached Contract shall be separate and apart from the shares of the other reinsurers, and shall not be joint with the shares of the other reinsurers, it being understood that the Subscribing Reinsurer shall in no event participate in the interests and liabilities of the other reinsurers.

 

In Witness Whereof, the Subscribing Reinsurer by its duly authorized representative has executed this Agreement as of the date specified below:

 

This 24th day of January in the year 2011.  XL Re Ltd.

 

	
/s/ Illegible
    	
 
    


 











 

Interests and Liabilities Agreement

of

 

Amlin AG (Bermuda Branch)

Zurich, Switzerland
 (hereinafter referred to as the “Subscribing Reinsurer”)

 

with respect to the

 

Excess Catastrophe
 Reinsurance Contract

Effective: January 1, 2011



issued to

 

Safety Insurance Company
 Safety Indemnity Insurance Company

and

Safety Property and Casualty Insurance Company

all of Boston, Massachusetts

 

The Subscribing Reinsurer hereby accepts the following percentage share(s) in the interests and liabilities of the “Reinsurer” as set forth in the attached Contract captioned above:

 

2.000000% of the First Excess Catastrophe Reinsurance 

2.000000% of the Second Excess Catastrophe Reinsurance 

2.500000% of the Third Excess Catastrophe Reinsurance 

0.500000% of the Fourth Excess Catastrophe Reinsurance

 

This Agreement shall become effective at 12:01 a.m., Eastern Standard Time, January 1, 2011, and shall continue in force until 12:01 a.m., Eastern Standard Time, January 1, 2012, unless earlier terminated in accordance with the provisions of the attached Contract.

 

The Subscribing Reinsurer’s share in the attached Contract shall be separate and apart from the shares of the other reinsurers, and shall not be joint with the shares of the other reinsurers, it being understood that the Subscribing Reinsurer shall in no event participate in the interests and liabilities of the other reinsurers.

 

In Witness Whereof, the Subscribing Reinsurer by its duly authorized representative has executed this Agreement as of the date specified below:

 

This 19th day of January in the year 2011.  Amlin AG  (Bermuda Branch)

 

	
/s/ Illegible
    	
 
    


 











 

Interests and Liabilities Agreement

of

 

Certain Underwriting Members of Lloyd’s

shown in the Signing Page(s) attached hereto
 (hereinafter referred to as the “Subscribing Reinsurer”)

 

with respect to the

 

Excess Catastrophe
 Reinsurance Contract

Effective: January 1, 2011



issued to

 

Safety Insurance Company
 Safety Indemnity Insurance Company

and

Safety Property and Casualty Insurance Company

all of Boston, Massachusetts

 

The Subscribing Reinsurer hereby accepts the following percentage share(s) in the interests and liabilities of the “Reinsurer” as set forth in the attached Contract captioned above:

 

12.750000% of the First Excess Catastrophe Reinsurance 

17.100000% of the Second Excess Catastrophe Reinsurance 

14.950000% of the Third Excess Catastrophe Reinsurance 

7.650000% of the Fourth Excess Catastrophe Reinsurance

 

This Agreement shall become effective at 12:01 a.m., Eastern Standard Time, January 1, 2011, and shall continue in force until 12:01 a.m., Eastern Standard Time, January 1, 2012, unless earlier terminated in accordance with the provisions of the attached Contract.

 

In any action, suit or proceeding to enforce the Subscribing Reinsurer’s obligations under the attached Contract, service of process may be made upon Mendes & Mount, LLP, 750 Seventh Avenue, New York, New York 10019.

 

Signed for and on behalf of the Subscribing Reinsurer in the Signing Page(s) attached hereto.

 











 

Signing Page

attaching to and forming part of the

Interests and Liabilities Agreement

 

of

 

Certain Underwriting Members of Lloyd’s

 

with respect to the

 

Excess Catastrophe
 Reinsurance Contract

Effective: January 1, 2011



issued to

 

Safety Insurance Company, et al.,

as defined in the above captioned Contract

 

(Re)Insurer’s Liability Clause - LMA3333 

 

(Re)Insurer’s liability several not joint

 

The liability of a (re)insurer under this contract is several and not joint with other (re)insurers party to this contract. A (re)insurer is liable only for the proportion of liability it has underwritten. A (re)insurer is not jointly liable for the proportion of liability underwritten by any other (re)insurer. Nor is a (re)insurer otherwise responsible for any liability of any other (re)insurer that may underwrite this contract.

 

The proportion of liability under this contract underwritten by a (re)insurer (or, in the case of a Lloyd’s syndicate, the total of the proportions underwritten by all the members of the syndicate taken together) is shown next to it’s stamp. This is subject always to the provision concerning “signing” below.

 

In the case of a Lloyd’s syndicate, each member of the syndicate (rather than the syndicate itself) is a (re)insurer. Each member has underwritten a proportion of the total shown for the syndicate (that total itself being the total of the proportions underwritten by all the members of the syndicate taken together). The liability of each member of the syndicate is several and not joint with other members. A member is liable only for that members proportion. A member is not jointly liable for any other member’s proportion. Nor is any member otherwise responsible for any liability of any other (re)insurer that may underwrite this contract. The business address of each member is Lloyd’s, One Lime Street, London EC3M 7HA. The identity of each member of a Lloyd’s syndicate and their respective proportion may be obtained by writing to Market Services, Lloyd’s, at the above address.

 

Proportion of liability

 

Unless there is “signing” (see below), the proportion of liability under this contract underwritten by each (re)insurer (or, in the case of a Lloyd’s syndicate, the total of the proportions underwritten by all the members of the syndicate taken together) is shown next to its stamp and is referred to as its “written line”.

 

Where this contract permits, written lines, or certain written lines, may be adjusted (“signed”). In that case a schedule is to be appended to this contract to show the definitive proportion of liability under this contract underwritten by each (re)insurer (or, in the case of a Lloyd’s syndicate, the total of the proportions underwritten by all the members of the syndicate taken together). A definitive proportion (or, in the case of a Lloyd’s syndicate, the total of the proportions underwritten by all the members of a Lloyd’s syndicate taken together) is referred to as a “signed line”. The signed lines shown in the schedule will prevail over the written lines unless a proven error in calculation has occurred.

 

Although reference is made at various points in this clause to “this contract” in the singular, where the circumstances so

 











 

require this should be read as a reference to contracts in the plural.

 











 

Interests and Liabilities Agreement

of

 

Certain Insurance Companies

shown in the Signing Page(s) attached hereto
 (hereinafter referred to as the “Subscribing Reinsurer”)

 

with respect to the

 

Excess Catastrophe
 Reinsurance Contract

Effective: January 1, 2011



issued to

 

Safety Insurance Company
 Safety Indemnity Insurance Company

and

Safety Property and Casualty Insurance Company

all of Boston, Massachusetts

 

The Subscribing Reinsurer hereby accepts the following percentage share(s) in the interests and liabilities of the “Reinsurer” as set forth in the attached Contract captioned above:

 

3.000000% of the First Excess Catastrophe Reinsurance 

2.000000% of the Second Excess Catastrophe Reinsurance 

3.000000% of the Third Excess Catastrophe Reinsurance 

6.750000% of the Fourth Excess Catastrophe Reinsurance

 

This Agreement shall become effective at 12:01 a.m., Eastern Standard Time, January 1, 2011, and shall continue in force until 12:01 a.m., Eastern Standard Time, January 1, 2012, unless earlier terminated in accordance with the provisions of the attached Contract.

 

In any action, suit or proceeding to enforce the Subscribing Reinsurer’s obligations under the attached Contract, service of process may be made upon Mendes & Mount, LLP, 750 Seventh Avenue, New York, New York 10019.

 

Signed for and on behalf of the Subscribing Reinsurer in the Signing Page(s) attached hereto.

 











 

Signing Page

attaching to and forming part of the

Interests and Liabilities Agreement

 

of

 

Certain Insurance Companies

 

with respect to the

 

Excess Catastrophe
 Reinsurance Contract

Effective: January 1, 2011



issued to

 

Safety Insurance Company, et al.,

as defined in the above captioned Contract

 

(Re)Insurer’s Liability 

 

Clause - LMA3333 

 

(Re)Insurer’s liability 

 

several not joint

 

The liability of a (re)insurer under this contract is several and not joint with other (re)insurers party to this contract. A (re)insurer is liable only for the proportion of liability it has underwritten. A (re)insurer is not jointly liable for the proportion of liability underwritten by any other (re)insurer. Nor is a (re)insurer otherwise responsible for any liability of any other (re)insurer that may underwrite this contract.

 

The proportion of liability under this contract underwritten by a (re)insurer (or, in the case of a Lloyd’s syndicate, the total of the proportions underwritten by all the members of the syndicate taken together) is shown next to it’s stamp. This is subject always to the provision concerning “signing” below.

 

In the case of a Lloyd’s syndicate, each member of the syndicate (rather than the syndicate itself) is a (re)insurer. Each member has underwritten a proportion of the total shown for the syndicate (that total itself being the total of the proportions underwritten by all the members of the syndicate taken together). The liability of each member of the syndicate is several and not joint with other members. A member is liable only for that members proportion. A member is not jointly liable for any other member’s proportion. Nor is any member otherwise responsible for any liability of any other (re)insurer that may underwrite this contract. The business address of each member is Lloyd’s, One Lime Street, London EC3M 7HA. The identity of each member of a Lloyd’s syndicate and their respective proportion may be obtained by writing to Market Services, Lloyd’s, at the above address.

 

Proportion of liability

 

Unless there is “signing” (see below), the proportion of liability under this contract underwritten by each (re)insurer (or, in the case of a Lloyd’s syndicate, the total of the proportions underwritten by all the members of the syndicate taken together) is shown next to its stamp and is referred to as its “written line”.

 

Where this contract permits, written lines, or certain written lines, may be adjusted (“signed”). In that case a schedule is to be appended to this contract to show the definitive proportion of liability under this contract underwritten by each (re)insurer (or, in the case of a Lloyd’s syndicate, the total of the proportions underwritten by all the members of the syndicate taken together). A definitive proportion (or, in the case of a Lloyd’s syndicate, the total of the proportions underwritten by all the members of a Lloyd’s syndicate taken together) is referred to as a “signed line”. The signed lines shown in the schedule will prevail over the written lines unless a proven error in calculation has occurred.

 

Although reference is made at various points in this clause to “this contract” in the singular, where the

 

1











 

circumstances so require this should be read as a reference to contracts in the plural.

 

If this policy (or any subsequent endorsement) has been produced to you in electronic form, the original document is stored on the Insurer’s Market Repository to which your broker has access.

 

1











 

 

First Excess

 

	
BUREAU REFERENCE
    	
 
    	
 
    	
 
    	
1101170005214
    	
 
    


 

	
PROPORTION
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
%
    	
 
    	
CODE
    	
 
    	
MEMBER COMPANY AND REFERENCE
    	
 
    
	
1.0000000
    	
 
    	
H5100
    	
 
    	
HOUSTON CASUALTY COMPANY
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
11ZCF35949BA
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
2.0000000
    	
 
    	
S7300
    	
 
    	
SCOR GLOBAL P&C SE, PUTEAUX, ZURICH
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
BRANCH
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
T0073481101
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
3.0000000%
    	
 
    	
TOTAL
    	
 
    	
 
    	
 
    


 

1











 

Second Excess

 

	
BUREAU REFERENCE
    	
 
    	
 
    	
 
    	
1101170005222
    	
 
    


 

	
PROPORTION
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
%
    	
 
    	
CODE
    	
 
    	
MEMBER COMPANY AND REFERENCE
    	
 
    
	
2.0000000
    	
 
    	
S7300
    	
 
    	
SCOR GLOBAL P&C SE, PUTEAUX, ZURICH
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
BRANCH
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
T0073491101
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
2.0000000%
    	
 
    	
TOTAL
    	
 
    	
 
    	
 
    


 

1












 

Third Excess

 

	
BUREAU REFERENCE
    	
 
    	
 
    	
 
    	
1101170005230
    	
 
    


 

	
PROPORTION
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
%
    	
 
    	
CODE
    	
 
    	
MEMBER COMPANY AND REFERENCE
    	
 
    
	
1.0000000
    	
 
    	
H5100
    	
 
    	
HOUSTON CASUALTY COMPANY
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
11ZCF35949BB
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
2.0000000
    	
 
    	
S7300
    	
 
    	
SCOR GLOBAL P&C SE,   PUTEAUX, ZURICH
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
BRANCH
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
T0073501101
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
3.0000000   %
    	
 
    	
TOTAL
    	
 
    	
 
    	
 
    


 

1











 

Fourth Excess

 

	
BUREAU REFERENCE
    	
1101170005248
    


 

	
PROPORTION
    	
 
    	
 
    	
 
    	
 
    
	
%
    	
 
    	
CODE
    	
 
    	
MEMBER COMPANY AND REFERENCE
    
	
1.7500000
    	
 
    	
H5100
    	
 
    	
HOUSTON CASUALTY COMPANY
    
	
 
    	
 
    	
 
    	
 
    	
11ZCF35949BC
    
	
 
    	
 
    	
 
    	
 
    	
 
    
	
1.0000000
    	
 
    	
S7300
    	
 
    	
SCOR GLOBAL P&C SE,   PUTEAUX, ZURICH
    
	
 
    	
 
    	
 
    	
 
    	
BRANCH
    
	
 
    	
 
    	
 
    	
 
    	
T0090761101
    
	
 
    	
 
    	
 
    	
 
    	
 
    
	
2.7500000 %
    	
 
    	
TOTAL
    	
 
    	
 
    


 

1











 

Fourth Excess

 

	
BUREAU REFERENCE
    	
 
    	
 
    	
 
    	
1101170005255
    


 

	
PROPORTION
    	
 
    	
 
    	
 
    	
 
    
	
%
    	
 
    	
CODE
    	
 
    	
MEMBER COMPANY AND REFERENCE
    
	
4.0000000
    	
 
    	
L0304
    	
 
    	
LANCASHIRE INSURANCE COMPANY LIMITED
    
	
 
    	
 
    	
 
    	
 
    	
B31559CXXB11
    
	
 
    	
 
    	
 
    	
 
    	
 
    
	
4.0000000   %
    	
 
    	
TOTAL
    	
 
    	
 
    


 

1











 

Interests and Liabilities Agreement

 

of

 

Certain Underwriting Members of Lloyd’s

shown in the Signing Page(s) attached hereto

(hereinafter referred to as the “Subscribing Reinsurer”)

 

with respect to the

 

Excess Catastrophe

Reinsurance Contract

Effective: January 1, 2011

 

issued to

 

Safety Insurance Company

Safety Indemnity Insurance Company

and

Safety Property and Casualty Insurance Company

all of Boston, Massachusetts

 

The Subscribing Reinsurer hereby accepts the following percentage share(s) in the interests and liabilities of the “Reinsurer” as set forth in the attached Contract captioned above:

 

12.750000% of the First Excess Catastrophe Reinsurance

17.100000% of the Second Excess Catastrophe Reinsurance

14.950000% of the Third Excess Catastrophe Reinsurance

7.650000% of the Fourth Excess Catastrophe Reinsurance

 

This Agreement shall become effective at 12:01 a.m., Eastern Standard Time, January 1, 2011, and shall continue in force until 12:01 a.m., Eastern Standard Time, January 1, 2012, unless earlier terminated in accordance with the provisions of the attached Contract.

 

In any action, suit or proceeding to enforce the Subscribing Reinsurer’s obligations under the attached Contract, service of process may be made upon Mendes & Mount, LLP, 750 Seventh Avenue, New York, New York 10019.

 

Signed for and on behalf of the Subscribing Reinsurer in the Signing Page(s) attached hereto.

 











 

Signing Page

attaching to and forming part of the

Interests and Liabilities Agreement

 

of

 

Certain Underwriting Members of Lloyd’s

 

with respect to the

 

Excess Catastrophe

Reinsurance Contract

Effective: January 1, 2011

 

issued to

 

Safety Insurance Company, et al.,

as defined in the above captioned Contract

 

(Re)Insurer’s Liability Clause - LMA3333

 

(Re)Insurer’s liability several not joint

 

The liability of a (re)insurer under this contract is several and not joint with other (re)insurers party to this contract. A (re)insurer is liable only for the proportion of liability it has underwritten. A (re)insurer is not jointly liable for the proportion of liability underwritten by any other (re)insurer. Nor is a (re)insurer otherwise responsible for any liability of any other (re)insurer that may underwrite this contract.

 

The proportion of liability under this contract underwritten by a (re)insurer (or, in the case of a Lloyd’s syndicate, the total of the proportions underwritten by all the members of the syndicate taken together) is shown next to it’s stamp. This is subject always to the provision concerning “signing” below.

 

In the case of a Lloyd’s syndicate, each member of the syndicate (rather than the syndicate itself) is a (re)insurer. Each member has underwritten a proportion of the total shown for the syndicate (that total itself being the total of the proportions underwritten by all the members of the syndicate taken together). The liability of each member of the syndicate is several and not joint with other members. A member is liable only for that members proportion. A member is not jointly liable for any other member’s proportion. Nor is any member otherwise responsible for any liability of any other (re)insurer that may underwrite this contract. The business address of each member is Lloyd’s, One Lime Street, London EC3M 7HA. The identity of each member of a Lloyd’s syndicate and their respective proportion may be obtained by writing to Market Services, Lloyd’s, at the above address.

 

Proportion of liability

 

Unless there is “signing” (see below), the proportion of liability under this contract underwritten by each (re)insurer (or, in the case of a Lloyd’s syndicate, the total of the proportions underwritten by all the members of the syndicate taken together) is shown next to its stamp and is referred to as its “written line”.

 

Where this contract permits, written lines, or certain written lines, may be adjusted (“signed”). In that case a schedule is to be appended to this contract to show the definitive proportion of liability under this contract underwritten by each (re)insurer (or, in the case of a Lloyd’s syndicate, the total of the proportions underwritten by all the members of the syndicate taken together). A definitive proportion (or, in the case of a Lloyd’s syndicate, the total of the proportions underwritten by all the members of a Lloyd’s syndicate taken together) is referred to as a “signed line”. The signed lines shown in the schedule will prevail over the written lines unless a proven error in calculation has occurred.

 

Although reference is made at various points in this clause to “this contract” in the singular, where the circumstances so require this should be read as a reference to contracts in the plural.

 











 

In Witness whereof the General Manager of Lloyd’s Policy Signing Office has subscribed his name on behalf of each of us.

 

	
 
    	
LLOYD’S POLICY SIGNING OFFICE,
    
	
 
    	
 
    
	
 
    	
 
    
	
 
    	
/s/ Illegible
    
	
 
    	
 
    
	
 
    	
 
    
	
 
    	
General   Manager
    


 

If this policy (or any subsequent endorsement) has been produced to you in electronic form, the original

document is stored on the Insurer’s Market Repository to which your broker has access.

 

(                 N                 M                 )                 

Definitive Numbers of Syndicates and Amount, Percentage or

Proportion of the Total Sum insured hereunder shared between the

Members of those Syndicates.

 











 

The Table of Syndicates referred to on the face of this Policy follows:

 

	
FIRST EXCESS CATASTROPHE
    	
61678
    	
17/01/2011
    	
BROKER NUMBER
    	
1108
    


 

BUREAU REFERENCE

 

	
PROPORTION %
    	
 
    	
SYNDICATE
    	
 
    	
UNDERWRITER’S REFERENCE
    
	
1.50
    	
 
    	
2001
    	
 
    	
CAC2537811YB
    
	
5.00
    	
 
    	
2003
    	
 
    	
AF8000280322
    
	
0.81
    	
 
    	
2623
    	
 
    	
T9500B11APCC
    
	
0.19
    	
 
    	
623
    	
 
    	
T9500B11APCC
    
	
2.00
    	
 
    	
2010
    	
 
    	
N11A0500B001
    
	
0.75
    	
 
    	
1301
    	
 
    	
11400Q11AA
    
	
2.50
    	
 
    	
4020
    	
 
    	
P0311NA00804
    
	
TOTAL   LINE
    	
 
    	
No. OF   SYNDICATES
    	
 
    	
 
    
	
12.75
    	
 
    	
7
    	
 
    	
 
    


 

THE LIST OF UNDERWRITING MEMBERS

OF LLOYD’S IS IN RESPECT OF 2011

YEAR OF ACCOUNT

 

EFFECTIVE FROM: 01 JAN 2011

 


	
BUREAU USE ONLY
    	
 
    	
 
    	
 
    	
 
    
	
USE3 72 14581
    	
 
    	
RISK CODE: XA
    	
 
    	
 
    




 

1











 

The Table of Syndicates referred to on the face of this Policy follows

 

	
SECOND EXCESS CATASTROPHE
    	
61680
    	
17/01/2011
    	
BROKER NUMBER
    	
1108
    


 

BUREAU REFERENCE

 

	
PROPORTION %
    	
 
    	
SYNDICATE
    	
 
    	
UNDERWRITER’S REFERENCE
    
	
1.50
    	
 
    	
2001
    	
 
    	
CAC0740211SL
    
	
1.75
    	
 
    	
2003
    	
 
    	
AF1000280324
    
	
1.50
    	
 
    	
510
    	
 
    	
UCXR11FUSNAK
    
	
0.60
    	
 
    	
1880
    	
 
    	
UCXQ11FUSNQJ
    
	
0.75
    	
 
    	
2010
    	
 
    	
N11A0500A001
    
	
1.50
    	
 
    	
1084
    	
 
    	
80544J11AA
    
	
1.05
    	
 
    	
2791
    	
 
    	
X1111GG00050
    
	
0.45
    	
 
    	
2791
    	
 
    	
X1111WX02481
    
	
4.00
    	
 
    	
1955
    	
 
    	
0025180111
    
	
1.00
    	
 
    	
1301
    	
 
    	
11400Q11AB
    
	
2.00
    	
 
    	
958
    	
 
    	
FVXAXNEN5121
    
	
0.50
    	
 
    	
1274
    	
 
    	
300294300011
    
	
0.50
    	
 
    	
4020
    	
 
    	
P0311YA00378
    
	
TOTAL   LINE
    	
 
    	
No. OF   SYNDICATES
    	
 
    	
 
    
	
17.10
    	
 
    	
13
    	
 
    	
 
    


 

THE LIST OF UNDERWRITING MEMBERS

OF LLOYD’S IS IN RESPECT OF 2011

YEAR OF ACCOUNT

 

EFFECTIVE FROM: 01 JAN 2011

 


	
BUREAU USE ONLY
    	
 
    	
 
    	
 
    	
 
    
	
USE3 72 24578
    	
 
    	
RISK CODE: XA
    	
 
    	
 
    




 

1











 

	
THIRD EXCESS CATASTROPHE
    	
61682
    	
17/01/2011
    	
BROKER NUMBER
    	
1108
    


 

BUREAU REFERENCE

 

	
PROPORTION %
    	
 
    	
SYNDICATE
    	
 
    	
UNDERWRITER’S REFERENCE
    
	
2.500
    	
 
    	
2001
    	
 
    	
CAC0740311XL
    
	
1.500
    	
 
    	
2003
    	
 
    	
AF8000280325
    
	
0.500
    	
 
    	
609
    	
 
    	
XACCCVY11AXX
    
	
1.500
    	
 
    	
510
    	
 
    	
UCXR11FUKKPK
    
	
0.600
    	
 
    	
1880
    	
 
    	
UCXQ11FUKKQJ
    
	
0.810
    	
 
    	
2623
    	
 
    	
T8767B11APCC
    
	
0.190
    	
 
    	
623
    	
 
    	
T8767B11APCC
    
	
0.750
    	
 
    	
2010
    	
 
    	
N11A0510A001
    
	
0.525
    	
 
    	
2791
    	
 
    	
X1111RG01147
    
	
0.225
    	
 
    	
2791
    	
 
    	
X1111XX02482
    
	
1.000
    	
 
    	
1458
    	
 
    	
D00423032011
    
	
2.000
    	
 
    	
1414
    	
 
    	
XC11CQ225E5X
    
	
0.600
    	
 
    	
1301
    	
 
    	
11400Q11AC
    
	
1.750
    	
 
    	
958
    	
 
    	
FVXAXNEN5828
    
	
0.500
    	
 
    	
4020
    	
 
    	
P0311AA00379
    
	
TOTAL   LINE
    	
 
    	
No. OF   SYNDICATES
    	
 
    	
 
    
	
14.950
    	
 
    	
15
    	
 
    	
 
    


 

THE LIST OF UNDERWRITING MEMBERS

OF LLOYD’S IS IN RESPECT OF 2011

YEAR OF ACCOUNT

 

EFFECTIVE FROM: 01 JAN 2011

 


	
BUREAU USE ONLY
    	
 
    	
 
    	
 
    	
 
    
	
USE3 72 26992
    	
 
    	
RISK CODE: XA
    	
 
    	
 
    




 

1











 

Interests and Liabilities Agreement

Of

 

	
FOURTH EXCESS CATASTROPHE
    	
61683
    	
17/01/2011
    	
BROKER NUMBER
    	
1108
    


 

BUREAU REFERENCE

 

	
PROPORTION %
    	
 
    	
SYNDICATE
    	
 
    	
UNDERWRITER’S REFERENCE
    
	
1.50
    	
 
    	
2003
    	
 
    	
AF5000280326
    
	
1.75
    	
 
    	
33
    	
 
    	
Y0PL5110AKWE
    
	
2.00
    	
 
    	
1458
    	
 
    	
D00423042011
    
	
0.40
    	
 
    	
1955
    	
 
    	
0025180211
    
	
2.00
    	
 
    	
4444
    	
 
    	
L197Y6AAA
    
	
TOTAL LINE
    	
 
    	
No. OF   SYNDICATES
    	
 
    	
 
    
	
7.65
    	
 
    	
5
    	
 
    	
 
    


 

THE LIST OF UNDERWRITING MEMBERS

OF LLOYD’S IS IN RESPECT OF 2011

YEAR OF ACCOUNT

 

EFFECTIVE FROM: 01 JAN 2011

 


	
BUREAU USE ONLY 
    	
 
    	
 
    	
 
    	
 
    
	
USE3 72 9893
    	
 
    	
RISK CODE: XA
    	
 
    	
 
    




 

1