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Exhibit 10.30
CARVILL
REINSURANCE BROKERS
R.K. CARVILL & CO., LTD.
1 Minster Court
Mincing Lane
London EC3R7AA & at Lloyd's
Tel: 071-9292800
Tlx: 8952946 CARCORP
Fax: 071-9291604
5 October 1994
RCA Mutual Insurance Co
1111 S. Glenstone
Suite 3-102
Springfield, Missouri 65804
USA
REINSURANCE COVER NOTE: 94/1146/RM
This is to certify that, in accordance with your instructions, we have effected
the following placement. Please examine this Cover Note carefully and advise us
immediately if it is in any way incorrect or does not otherwise meet your
requirements.
REASSURED: RCA MUTUAL INSURANCE COMPANY (or name to be agreed by Underwriters)
of Springfield, Missouri.
PERIOD: Annual re-signing at 1st October, 1994, of Contract covering claims
first made against the Reassured during the period 1st October,
1993, to 30th September, 1996, both dates inclusive.
Contract to be re-signed annually, but may be cancelled at any 1st
October anniversary date subject to 90 days prior notice of
cancellation.
In the event of cancellation and non-renewal of this Contract,
Reinsurers hereon shall continue to be liable for all claims first
made against the Reassured during an additional 60 months reporting
period from the effective date of cancellation and non-renewal.
Such 60 months reporting period coverage shall not apply to claims
first made on new or renewal policies incepting after the effective
date of cancellation and non-renewal of this Contract.
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TYPE: PRIMARY EXCESS OF LOSS REINSURANCE TREATY.
CLASS: Covering Medical Practitioners' Liability policies (including
Dentists' Liability,) and all other ancillary coverages as
original.
TERRITORIAL
SCOPE: As per the Reassured's original policies.
LIMITS: To pay:
(A) Up to US$1,600,000 Ultimate Net Loss each and every loss,
each policy and/or insured, excess of US$400,000 Ultimate
Net Loss each and every loss, each policy and/or insured,
and, in addition, where two or more policies and/or insureds
are involved in the same loss occurrence:
(B) Up to US$1,600,000 Ultimate Net Loss each and every loss
occurrence, excess of US$500,000 Ultimate Net Loss each and
every loss occurrence
Recoveries under Section (A) to inure to the benefit of
Section (B).
In the event that two or more policies or insureds are
involved in the same loss occurrence and there is a difference in
the dates claims are made, the date on which the first claim is
made shall establish the date of loss for all related claims
arising out of the same loss occurrence.
Notwithstanding the foregoing, in any loss occurrence, should
any claim made date(s) fall prior to the inception of this
Contract, it is hereby understood and agreed that those specific
loss(es) shall be disregarded for the purposes of determining
recoveries hereunder.
For the purposes of this Contract, the date of loss shall be
the date of receipt by the Reassured of acceptable notice from its
original insured or a representative of its original insured; that
a claim is being or may be made against that original insured.
Maximum recoverable hereon to be 300% of the maximum
reinsurance premium payable hereunder for the Contract Period.
WARRANTY: Warranted Maximom Original Policy Limit US$1,000,000 or so deemed,
except as respects Excess of Original Policy Limits and/or
Extra-Contractual Obligation coverage.
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PREMIUM: Second Annual Provisional Premium US$1,45O,000 payable in quarterly
installments in advance at 1st October, 1994, 1st January, 1995, 1st
April, 1995 and 1st July, 1995 and adjustable at expiry of each
annual period at provisional rates indicated below. Further
adjustable 12 months after expiry of Contract Period and annually
thereafter until all losses for Contract Period are finally settled
or commuted at a rate equivalent to 110% of the cumulative Incurred
Loss Cost, plus the Minimum rate for the Contract Period as
indicated below. In no event however shall the Contract Period
Minimum rate plus 110% of the cumulative Incurred Loss Cost for the
Contract Period exceed the Maximum rate for the applicable Contract
Period as indicated below.
Annual Period is that period from 1st October, 1993 to 30th
September, 1994, both dates inclusive, and each successive 12 month
period thereof.
Contract Period is that period from 1st October, 1993 to 30th
September, 1996 both dates inclusive, or earlier in the event of
cancellation.
Minimum, Provisional and Maximum Rates as follows:
MIN PROV MAX
If Contract terminated at 1st October 1995 7.50% 17.00% 25.00
If Contract terminated at 1st October 1996 6.00% 16.50% 22.50
For adjustment purposes hereon, rates above calculated on the
cumulative Gross Net Earned Premium Income for original policy
limits up to US$1,000,000 or so deemed.
In the event of cancellation and non-renewal of this Contract any
applicable unearned premium shall accrue back to the last Annual
Period hereof and shall be added to the Reassured's subject Gross
Net Earned Premium Income for the purpose of the premium rating
formula hereunder.
SPECIAL
CONDITION: In the event that the Reassured cancels and non-renews this
Contract and continues to be reinsured hereon for claims first made
during an additional 60 month period, it is agreed that the Maximum
rate for the last Annual Periodhereon shall be automatically
increased by a factor of 1.65 with the resulting Maximum premium
for the Contract Period hereon to be calculated accordingly.
DEDUCTIONS: 1% Federal Excise Tax where applicable.
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CLAIMS
ARRANGEMENTS: Reassured to provide quarterly bordereaux detailing paid
losses hereunder, and quarterly bordereaux detailing all
outstanding losses reserved by the Reassured at US$300,000
Ultimate Net Loss and above.
Settlement of paid losses recoverable hereunder as per
bordereaux to be effected as soon as practicable after
receipt of bordereaux, provided that individual losses of
US$200,000 Ultimate Net Loss or greater hereto shall be
subject to cash loss collection on provision by Reassured of
Proof of Loss.
LOSS RESERVES: Letter of Credit (Citibank N.AScheme) in respect of known
and reported outstanding losses, excluding losses Incurred
But Not Reported ("I.B.N.R") or any application thereto, in
compliance with statutory/regulatory requirements, as
required by Reassured from non-admitted Reinsurers only.
GENERAL
CONDITIONS: Excess of Original Policy Limits and Extra-Contractual
Obligations Inclusion
Clauses, both included within Reassured's Ultimate Net Loss.
Ultimate Net Loss Clause, including Loss Adjustment Expenses.
Net Retained Lines Clause.
Insolvency Clause.
Errors and Omissions Clause.
Currency Clause (U.S. Dollars only).
Access to Records and Claims Review Clause.
Amendments and Alterations Clause.
Arbitration Clause.
Service of Suit Clause - U.S.A. - NMA 1998.
Nuclear Incident Exclusion Clause - Liability -
Reinsurance - U.S.A.
Insolvency Funds Exclusion Clause.
Carvill Intermediary Clause.
COMMUTATION: Reassured to have right one year after end of the Contract
Period or at any time thereafter to commute losses at
their discretionary reserves and relieve Reinsurers of all
further liability hereunder provided rate at that time is
below the maximum rate for the Contract Period hereon.
WORDING: Wording to be agreed by Underwriters.
INFORMATION: 1. Medical Practitioners' Liability
(including Dentists' Liability), and all other ancillary
coverages as original, issued by Reassured on Claims
Paid, Occurrence and Claims Made Policy Form. It is
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hereby understood and agreed that all coverage hereunder
is provided on a claims first made during basis only.
2. Unlimited pre-paid discovery coverage is available
a) Deceased Doctors.
b) Doctors who through
disablement are unable to continue medical
practice.
c) Doctors who retire.
3. Original policies may contain Aggregate Limitation but
no aggregate coverage hereon.
4. Estimated Gross Net Earned Premium Income for 12 months
at 1st October, 1994 US$9,000,000.
HEREON: 100% of the above LIMIT and PREMIUM.
EFFECTED WITH: LLOYD'S UNDERWRITERS
London, England.
R.K. CARVILL & COMPANY LIMITED
Director
E. & O.E.