LD 933
pg. 24
Page 23 of 38 PUBLIC Law Chapter 346 Page 25 of 38
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LR 2060
Item 1

 
B.__The association is entitled to any amounts payable by
the reinsurer under the agreements with respect to losses or
events that occur in periods after the coverage date and
that relate to contracts covered by the association in whole
or in part, except that, upon receipt of any such amounts,
the association is obliged to pay to the beneficiary under
the policy or contract on account of which the amounts were
paid a portion of the amount equal to the excess of the
amount received by the association over the benefits paid by
the association on account of the policy or contract less
the retention of the impaired or insolvent insurer
applicable to the loss or event.

 
C.__Within 30 days following the association's election, the
association and each indemnity reinsurer shall calculate the
net balance due to or from the association under each
reinsurance agreement as of the date of the association's
election, giving full credit to all items paid by either the
member insurer or its receiver, rehabilitator or liquidator
or the indemnity reinsurer during the period between the
coverage date and the date of the association's election.__
Either the association or indemnity reinsurer shall pay the
net balance due the other within 5 days of the completion of
the calculation.__If the receiver, rehabilitator or
liquidator has received any amounts due the association
pursuant to paragraph B, the receiver, rehabilitator or
liquidator shall remit them to the association as promptly
as practicable.

 
D.__If the association, within 60 days of the election, pays
the premiums due for periods both before and after the
coverage date that relate to contracts covered by the
association in whole or in part, the reinsurer is not
entitled to terminate the reinsurance agreements insofar as
the agreements relate to contracts covered by the
association in whole or in part and is not entitled to set
off any unpaid premium due for periods prior to the coverage
date against amounts due the association.

 
E.__In the event the association transfers its obligations
to another insurer and if the association and the other
insurer agree, the other insurer must succeed to the rights
and obligations of the association under this chapter
effective as of the date agreed upon by the association and

 
the other insurer and regardless of whether the association
has made the election referred to in this subsection, except
that:

 
(1)__The indemnity reinsurance agreements automatically terminate
for new reinsurance unless the indemnity


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