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Chapter 7 Contract wordings                                                                   7/17




               B4F Offset clause
               This clause allows the parties to offset any balance or amount due from one party to the other under a
               particular reinsurance contract or any others between the parties, whether acting as reinsurer or
               reinsured.

               B4G Co-reinsurance clause
               This clause states the proportion (or percentage) of the particular contract that the reinsured agrees to
               retain ‘net and unreinsured’. The purpose of the clause is to ensure that the reinsured remains
               interested in economic claim settlement.
               In proportional reinsurance, it is more usually described as co-participation rather than co-reinsurance.
               In non-proportional reinsurance, a reinsured assumes an amount or percentage of the reinsurance cover
               (or layer), in addition to the deductible.

               B4H Net retained lines

               This clause states that the contract applies only to the amount of loss retained by the reinsured for its
               own account after relevant deductions.
               Typically, the clause is in two parts. The first part of the clause states that this reinsurance contract only
                                                                                                   Clause is in two parts
               applies to that part of an underlying loss which the reinsured retains net for its own account. In other
               words, any other reinsurances protecting the same loss must be taken into account before applying the
               terms of this contract. This requirement is logical, otherwise the reinsured could potentially recover the
               same loss from more than one reinsurance policy (although, any attempt to do so would probably fall
               foul of local law).
               The clause also recognises that the reinsured and reinsurer may specifically agree that the reinsured
               may purchase additional reinsurance to reduce the amount it retains for its own account after the
               application of this reinsurance contract. In other words, it may protect its retention under this contract.
               The second part of the clause bars a reinsured from seeking to collect under this particular contract any
               amounts which had been reinsured elsewhere but for whatever reason remain unpaid by those         Reference copy for CII Face to Face Training
               reinsurers. In other words, if another reinsurer is unable or unwilling to pay its share of a claim, the
               reinsured cannot increase its UNL by the uncollected amount in order to recover from a contract with a
               net retained lines clause.

                Example:
                    1.  This Agreement applies only to that part of any insurance or reinsurance which the Reinsured retains  Chapter
                       net for its own account and/or that portion of any insurance or reinsurance which the Reinsured  7
                       cedes to its Quota Share Reinsurers and in calculating the amount of any loss hereunder and also in
                       computing the amount in excess of which this Agreement attaches only sums payable in respect of
                       that portion of any insurance or reinsurance which the Reinsured retains net for its own account and/
                       or that portion of any insurance or reinsurance which the Reinsured cedes to its Quota Share
                       Reinsurers shall be included.
                    2.  The amount of the Reinsurers’ liability hereunder in respect of any loss or losses shall not be
                       increased by reason of the inability of the Reinsured to collect from any other reinsurers (whether
                       specific or general) any amounts which may have become due from them whether such inability
                       arises from the insolvency of such other reinsurers or otherwise.


               B5 Boilerplate clauses
               These are standard clauses with little reinsurance content to them. They are, however, essential to
                                                                                                   Essential to making
               making the contract work and to providing the parties with the appropriate protections in the event of a  the contract work
               dispute. More information is given in table 7.2.
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