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Allstate Life Insurance Co of New York – ‘POS AM’ on 4/1/16 – ‘EX-10.9’

On:  Friday, 4/1/16, at 1:59pm ET   ·   Accession #:  1193125-16-527565   ·   File #:  333-203177

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  As Of               Filer                 Filing    For·On·As Docs:Size             Issuer                      Filing Agent

 4/01/16  Allstate Life Ins Co of New York  POS AM               116:14M                                    Donnelley … Solutions/FA

Post-Effective Amendment of a Registration Statement
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: POS AM      Alic of New York                                    HTML   3.49M 
 2: EX-1.(C)    Amended and Restated Principal Underwriting         HTML     71K 
                Agreement                                                        
 3: EX-1.(D)    Amended and Restated Principal Underwriting         HTML     62K 
                Agreement (As Successor)                                         
 4: EX-10.8     Amended and Restated Principal Underwriting         HTML     71K 
                Agreement                                                        
 5: EX-10.9     Amended and Restated Principal Underwriting         HTML     62K 
                Agreement (As Successor)                                         
 6: EX-23       Consent of Independent Registered Public            HTML     33K 
                Accounting Firm                                                  
 7: EX-24       Powers of Attorney                                  HTML     52K 
 8: EX-99.(A)   Certified Copy of Amended and Restated By-Laws      HTML     83K 
 9: EX-99.(B)   Experts                                             HTML     32K 
16: R1          Document and Entity Information                     HTML     45K 
17: R2          Statements of Operations and Comprehensive Income   HTML     99K 
18: R3          Statements of Operations and Comprehensive Income   HTML     42K 
                (Parenthetical)                                                  
19: R4          Statements of Financial Position                    HTML    147K 
20: R5          Statements of Financial Position (Parenthetical)    HTML     50K 
21: R6          Statements of Shareholder's Equity                  HTML     54K 
22: R7          Statements of Cash Flows                            HTML    116K 
23: R8          General                                             HTML     52K 
24: R9          Summary of Significant Accounting Policies          HTML     76K 
25: R10         Supplemental Cash Flow Information                  HTML     44K 
26: R11         Related Party Transactions                          HTML     47K 
27: R12         Investments                                         HTML    252K 
28: R13         Fair Value of Assets and Liabilities                HTML    262K 
29: R14         Derivative Financial Instruments and Off-balance    HTML    133K 
                sheet Financial Instruments                                      
30: R15         Reserve for Life-Contingent Contract Benefits and   HTML    104K 
                Contractholder Funds                                             
31: R16         Reinsurance                                         HTML     60K 
32: R17         Deferred Policy Acquisition and Sales Inducement    HTML     46K 
                Costs                                                            
33: R18         Guarantees and Contingent Liabilities               HTML     41K 
34: R19         Income Taxes                                        HTML     58K 
35: R20         Statutory Financial Information and Dividend        HTML     39K 
                Limitations                                                      
36: R21         Benefit Plans                                       HTML     38K 
37: R22         Other Comprehensive Income                          HTML     56K 
38: R23         Summary of Investments Other Than Investments in    HTML     57K 
                Related Parties                                                  
39: R24         Reinsurance                                         HTML     61K 
40: R25         Valuation Allowances and Qualifying Accounts        HTML     43K 
41: R26         Summary of Significant Accounting Policies          HTML    114K 
                (Policies)                                                       
42: R27         General (Tables)                                    HTML     44K 
43: R28         Supplemental Cash Flow Information (Tables)         HTML     42K 
44: R29         Investments (Tables)                                HTML    265K 
45: R30         Fair Value of Assets and Liabilities (Tables)       HTML    239K 
46: R31         Derivative Financial Instruments and Off-balance    HTML    126K 
                sheet Financial Instruments (Tables)                             
47: R32         Reserve for Life-Contingent Contract Benefits and   HTML    112K 
                Contractholder Funds (Tables)                                    
48: R33         Reinsurance (Tables)                                HTML     56K 
49: R34         Deferred Policy Acquisition and Sales Inducement    HTML     47K 
                Costs (Tables)                                                   
50: R35         Income Taxes (Tables)                               HTML     58K 
51: R36         Other Comprehensive Income (Tables)                 HTML     53K 
52: R37         Summary of Premiums and Contract Charges by         HTML     55K 
                Product (Detail)                                                 
53: R38         Summary of Significant Accounting Policies -        HTML     49K 
                Additional Information (Detail)                                  
54: R39         Supplemental Cash Flow Information - Additional     HTML     43K 
                Information (Detail)                                             
55: R40         Schedule of Supplemental Cash Flow Information      HTML     45K 
                (Detail)                                                         
56: R41         Related Party Transactions - Additional             HTML     67K 
                Information (Detail)                                             
57: R42         Schedule for Fixed Income Securities at Amortized   HTML     74K 
                Cost, Gross Unrealized Gains and Losses and Fair                 
                Value (Detail)                                                   
58: R43         Schedule for Fixed Income Securities Based on       HTML     73K 
                Contractual Maturities (Detail)                                  
59: R44         Schedule of Net Investment Income (Detail)          HTML     58K 
60: R45         Schedule of Realized Capital Gains and Losses by    HTML     52K 
                Asset Type (Detail)                                              
61: R46         Schedule of Realized Capital Gains and Losses by    HTML     50K 
                Transaction Type (Detail)                                        
62: R47         Investments - Additional Information (Detail)       HTML    100K 
63: R48         Schedule of Other-Than-Temporary Impairment Losses  HTML     68K 
                by Asset Type (Detail)                                           
64: R49         Schedule of Other-Than-Temporary Impairment Losses  HTML     45K 
                on Fixed Income Securities Iincluded in                          
                Accumulated Other Comprehensive Income (Detail)                  
65: R50         Schedule of Rollforwards of Cumulative Credit       HTML     50K 
                Losses Recognized in Earnings for Fixed Income                   
                Securities Held (Detail)                                         
66: R51         Schedule of Unrealized Net Capital Gains and        HTML     89K 
                Losses (Detail)                                                  
67: R52         Schedule of Change in Unrealized net Capital Gains  HTML     61K 
                and Losses (Detail)                                              
68: R53         Summary of Gross Unrealized Losses and Fair Value   HTML    100K 
                of Fixed Income and Equity Securities by Length of               
                Time (Detail)                                                    
69: R54         Schedule of Commercial Mortgage Loans by            HTML     49K 
                Geographic Distribution (Detail)                                 
70: R55         Schedule of Types of Properties Collateralizing     HTML     48K 
                Commercial Mortgage Loans (Detail)                               
71: R56         Schedule of Contractual Maturities of Mortgage      HTML     63K 
                Loans (Detail)                                                   
72: R57         Summary of Carrying Value of Non-Impaired Fixed     HTML     48K 
                and Variable Rate Mortgage Loans by Debt Service                 
                Coverage Ration Distribution (Detail)                            
73: R58         Schedule of Rollforward of Valuation Allowance on   HTML     43K 
                Impaired Mortgage Loans (Detail)                                 
74: R59         Schedule of Municipal Bonds Held For Investment by  HTML     44K 
                Geographic Distribution (Detail)                                 
75: R60         Summary of Assets and Liabilities Measured at Fair  HTML    182K 
                Value on Recurring and Non-Recurring Basis                       
                (Detail)                                                         
76: R61         Summary of Assets and Liabilities Measured at Fair  HTML     36K 
                Value on Recurring and Non-Recurring Basis                       
                (Parenthetical) (Detail)                                         
77: R62         Summary of Quantitative Information About           HTML     49K 
                Significant Unobservable Inputs Used in Level                    
                Three Fair Value Measurements (Detail)                           
78: R63         Fair Value of Assets and Liabilities - Additional   HTML     58K 
                Information (Detail)                                             
79: R64         Schedule of Rollforward of Level 3 Assets and       HTML    187K 
                Liabilities Held at Fair Value on Recurring Basis                
                (Detail)                                                         
80: R65         Schedule of Rollforward of Level 3 Assets and       HTML     53K 
                Liabilities Held at Fair Value on Recurring Basis                
                (Parenthetical) (Detail)                                         
81: R66         Schedule of Change in Unrealized Gains and Losses   HTML     60K 
                Included in Net Income for Level Three Assets and                
                Liabilities Held (Detail)                                        
82: R67         Schedule of Carrying Values and Fair Value          HTML     54K 
                Estimates of Financial Instruments not Carried at                
                Fair Value (Detail)                                              
83: R68         Derivative Financial Instruments and Off-balance    HTML     43K 
                sheet Financial Instruments - Additional                         
                Information (Detail)                                             
84: R69         Summary of Volume and Fair Value Positions of       HTML    112K 
                Derivative Instruments and Reporting Location in                 
                Statement of Financial Position (Detail)                         
85: R70         Schedule of Gross and Net Amount for Company's OTC  HTML     76K 
                Derivatives Subject to Enforceable Master Netting                
                Arrangements (Detail)                                            
86: R71         Summary of Gains and Losses from Valuation and      HTML     77K 
                Settlements For Derivatives Not Designated As                    
                Hedges (Detail)                                                  
87: R72         Summary of Counterparty Credit Exposure by          HTML     57K 
                Counterparty Credit Rating (Detail)                              
88: R73         Schedule of Reserve for Life-Contingent Contract    HTML     49K 
                Benefits (Detail)                                                
89: R74         Schedule of Key Assumptions Used In Calculation     HTML     91K 
                Reserve for Life-Contingent Contract Benefits                    
                (Detail)                                                         
90: R75         Reserve for Life-Contingent Contract Benefits and   HTML     44K 
                Contractholder Funds - Additional Information                    
                (Detail)                                                         
91: R76         Schedule of Contractholder Funds (Detail)           HTML     46K 
92: R77         Schedule of Contract Provisions Related to          HTML     77K 
                Contractholder Funds (Detail)                                    
93: R78         Schedule of Contractholder Funds Activity (Detail)  HTML     51K 
94: R79         Summary of Variable Annuity Contracts with          HTML     57K 
                Guarantees (Detail)                                              
95: R80         Summary of Liabilities for Guarantees (Detail)      HTML     73K 
96: R81         Summary of Liabilities for Guarantees               HTML     56K 
                (Parenthetical) (Detail)                                         
97: R82         Reinsurance - Additional Information (Detail)       HTML     67K 
98: R83         Schedule of Effects of Reinsurance on Premiums and  HTML     48K 
                Contract Charges (Detail)                                        
99: R84         Schedule of Effects of Reinsurance on Contract      HTML     48K 
                Benefits (Detail)                                                
100: R85         Schedule of Effect of Reinsurance on Interest       HTML     46K  
                Credited to Contractholder Funds (Detail)                        
101: R86         Schedule of Deferred Policy Acquisition Costs       HTML     47K  
                (Detail)                                                         
102: R87         Schedule of Deferred Sales Inducement Activity      HTML     43K  
                (Detail)                                                         
103: R88         Guarantees and Contingent Liabilities - Additional  HTML     40K  
                Information (Detail)                                             
104: R89         Income Taxes - Additional Information (Detail)      HTML     51K  
105: R90         Components of Deferred Income Tax Assets and        HTML     66K  
                Liabilities (Detail)                                             
106: R91         Components of Income Tax Expense (Detail)           HTML     45K  
107: R92         Reconciliation of Statutory Federal Income Tax      HTML     47K  
                Rate to Effective Income Tax Rate (Detail)                       
108: R93         Statutory Financial Information - Additional        HTML     47K  
                Information (Detail)                                             
109: R94         Benefit Plans - Additional Information (Detail)     HTML     41K  
110: R95         Schedule of Components of Other Comprehensive       HTML     81K  
                Income on Pre-Tax and After-Tax Basis (Detail)                   
111: R96         Schedule I - Summary of Investments Other Than      HTML    101K  
                Investments in Related Parties (Detail)                          
112: R97         Schedule IV - Reinsurance (Detail)                  HTML     70K  
113: R98         Schedule V - Valuation Allowances and Qualifying    HTML     47K  
                Accounts (Detail)                                                
115: XML         IDEA XML File -- Filing Summary                      XML    219K  
114: EXCEL       IDEA Workbook of Financial Reports                  XLSX    157K  
10: EX-101.INS  XBRL Instance -- ck0000839759-20151231               XML   4.02M 
12: EX-101.CAL  XBRL Calculations -- ck0000839759-20151231_cal       XML    344K 
13: EX-101.DEF  XBRL Definitions -- ck0000839759-20151231_def        XML   1.62M 
14: EX-101.LAB  XBRL Labels -- ck0000839759-20151231_lab             XML   2.11M 
15: EX-101.PRE  XBRL Presentations -- ck0000839759-20151231_pre      XML   1.83M 
11: EX-101.SCH  XBRL Schema -- ck0000839759-20151231                 XSD    342K 
116: ZIP         XBRL Zipped Folder -- 0001193125-16-527565-xbrl      Zip    337K  


‘EX-10.9’   —   Amended and Restated Principal Underwriting Agreement (As Successor)


This Exhibit is an HTML Document rendered as filed.  [ Alternative Formats ]



  Amended and Restated Principal Underwriting Agreement (as successor)  

Exhibit 10.9

AMENDED AND RESTATED PRINCIPAL UNDERWRITING AGREEMENT

This Amended and Restated Principal Underwriting Agreement (hereinafter this “Agreement”) is made and entered into as of this 1st day of June, 2006, by and between Allstate Life Insurance Company of New York (“ALNY”) a life insurance company organized under the laws of the state of New York on its own and on behalf of each separate account of ALNY set forth on Schedule A, as such Schedule may be amended from time (each such account herein referred to as the “Account”), and ALFS, Inc. (“ALFS”), a corporation organized under the laws of the state of Delaware.

WHEREAS, ALFS has acted as the principal underwriter for the variable annuity contracts set forth on Schedule A since the respective effective dates set forth herein;

WHEREAS, the parties desire to amend and restate any and all previous Principal Underwriting Agreements or arrangements with respect to variable annuity products; and

NOW THEREFORE, in consideration of the mutual promises and covenants exchanged by the parties in this Agreement, the parties hereby amend and restate such Principal Underwriting Agreement in its entirety to read as follows. ALNY confirms its grant to ALFS of the right to be and ALFS agrees to serve as Principal Underwriter for the sale of such variable annuity contracts during the term of this Agreement and the parties agree as follows:

ARTICLE I.

ALFS DUTIES AND OBLIGATIONS

1.01. ALFS, a broker-dealer registered under the Securities Exchange Act of 1934 (the “1934 Act”) and a member of the National Association of Securities Dealers, Inc. (“NASD”), will serve as principal underwriter and distributor for the variable annuity contracts listed in Schedule A (the Contracts) which will be issued by ALNY.

1.02. ALFS shall be duly registered or licensed or otherwise qualified under the insurance and securities laws of the states in which the Contracts are authorized for sale.

1.03. ALFS proposes to act as principal underwriter on an agency best efforts basis in the marketing and distribution of the Contracts. ALFS will use its best efforts to provide information and marketing assistance and related servicing activity to licensed insurance agents and broker-dealers (“Selling Broker-Dealers”) on a continuing basis.

1.04. ALFS shall be responsible for compliance with the requirements of state broker-dealer regulations and the 1934 Act as each applies to ALFS in connection with its duties as distributor of the Contracts. Moreover, ALFS shall conduct its affairs in accordance with the Rules of Fair Practice of the NASD.

1.05. As a principal underwriter, ALFS shall permit the offer and sale of Contracts to the public only by and through persons who are appropriately licensed under the securities laws and who are appointed in writing by ALNY to be authorized insurance agents (unless such persons are exempt from such licensing and appointment requirements).


1.06. To the extent that any statements made in applicable registration statements, or any amendment or supplement thereto, are made in reliance upon and in conformity with written information furnished to ALNY by ALFS expressly for use therein, such statements will, when they become effective or are filed with the Securities Exchange Commission (“SEC”), as the case may be, conform in all material respects to the requirements of the Securities Act of 1933 (the “1933 Act”) and the rules and regulations of the Commission thereunder, and will not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein not misleading.

1.07. Subject to agreement with ALNY, ALFS may enter into selling agreements with broker-dealers which are registered under the 1934 Act and/or authorized by applicable law or exemptions to sell the Contracts. Any such contractual arrangement is expressly made subject to this Agreement, and ALFS will at all times be responsible to ALNY for supervision of compliance with federal securities laws regarding distribution of the Contracts.

ARTICLE II.

ALNY’S DUTIES AND OBLIGATIONS

2.01. ALNY is validly existing as a stock life insurance company in good standing under the laws of the State of New York, and has been duly qualified for the transaction of business and is in good standing under the laws of each other jurisdiction in which it owns or leases properties or conducts any business.

2.02. ALNY represents that:

 

  (a) Registration statements for each of the Contracts identified in Schedule A shall have been filed with the SEC in the form previously delivered to ALFS and that copies of any and all amendments thereto will be forwarded to ALFS at the time that they are filed with the SEC;

 

  (b) Each Account is a duly organized, validly existing separate account, established by resolution of the Board of Directors of ALNY for the purpose of issuing the Contracts; and

 

  (c) ALNY has registered or will register the Account as a unit investment trust under the Investment Company Act of 1940 (the “1940 Act”).

2.03. Each registration statement and any further amendments or supplements thereto will, when they became effective, conform in all material respects to the requirements of the 1933 Act and the rules and regulations of the Commission under such Act and will not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading; provided, however, that this representation and warranty shall not apply to any statement or omission made in reliance upon and in conformity with information furnished in writing to ALNY by ALFS expressly for use therein.


2.04. ALNY shall be responsible for the licensing and appointing of registered representatives of Selling Broker-Dealers as required by state insurance laws.

ARTICLE III.

RECORDS

3.01. ALFS shall keep, in a manner and form approved by ALNY and in accordance with Rules 17a-3 and 17a-4 under the 1934 Act, accurate records and books of account as required to be maintained by a registered broker-dealer, acting as principal underwriter, of all transactions entered into on behalf of ALNY with respect its activities under this Agreement. ALFS shall make such records of account available for inspection by the SEC and ALNY shall have the right to inspect, make copies of or take possession of such records and books of account at any time upon demand.

3.02. Subject to applicable SEC or NASD restrictions, ALNY will send confirmations of Contract transactions to Contract owners. ALNY will make such confirmations and records of transactions available to ALFS upon request. ALNY will also maintain Contract owner records on behalf of ALFS to the extent permitted by applicable securities law.

3.03. ALFS and ALNY shall keep confidential the records, books of account and other information (“Records”) concerning the Contract owners, annuitants, insureds, beneficiaries or any persons who have rights arising out of the Contracts. ALFS or ALNY may disclose the Records and such information only if the other has authorized disclosure and if the disclosure is required by applicable law. In the event ALFS or ALNY is served with a subpoena, court order or demand from a regulatory organization which mandates disclosure of the Records or such information, such party must notify the other and allow such other party sufficient time to authorize disclosure or to intervene in the judicial proceeding or matter so as to protect its interest.

3.04. For the purpose of determining the other party’s compliance with this Agreement, each party to this Agreement shall have reasonable access during normal business hours to any Records which are maintained by the other party.

3.05. Both ALNY and ALFS agree to keep all information required by applicable laws, to maintain the books, accounts and records as to clearly and accurately disclose the precise nature and details of the transaction and to assist one another in the timely preparation of any reports required by law.

3.06. ALFS and ALNY shall furnish to the other any reports and information which the other may request for the purpose of meeting reporting and recordkeeping requirements under the laws of New York or any other state or jurisdiction.


ARTICLE IV.

SALES MATERIALS

4.01. ALFS will utilize the currently effective prospectus relating to the Contracts in connection with its underwriting, marketing and distribution efforts. As to other types of sales material, ALFS hereby agrees and will require Selling Broker-Dealers to agree to use only sales materials which have been authorized for use by ALNY, which conform to the requirements of federal and state laws and regulations, and which have been filed where necessary with the appropriate regulatory authorities including the NASD.

4.02. ALFS will not distribute any prospectus, sales literature or any other printed matter or material in the underwriting and distribution of any Contract if, to the knowledge of ALFS, any of the foregoing misstates the duties, obligation or liabilities of ALNY or ALFS.

ARTICLE V.

COMPENSATION

5.01. With respect to the Contracts that are sold in the Financial Institution Channel, ALNY shall pay to ALFS a distribution fee equal to one percent (1%) of all premiums paid and received after the date hereof with respect to Contracts issued, in force, and in good standing. The amounts paid under this provision shall be reduced by the actual cost of printing sales materials, brochures, marketing pieces, and point-of-sale materials (including prospectuses) supplied by ALNY as requested by ALFS for use in performing their respective duties with respect to the Agreement unless such costs are paid directly by ALFS or ALNY.

5.02. In addition to amounts payable with respect to the Financial Institution Channel as provided in Section 5.01, but not in duplication of any such amounts, ALNY agrees to reimburse ALFS for direct expenses incurred by ALFS on behalf of ALNY. Such direct expenses shall include, but not be limited to, (a) the marketing allowances paid by ALFS with regards to the Contracts under the Wholesaling and Marketing Support Agreement dated June 1, 2006 between ALNY, ALFS, Allstate Life Insurance Company, American Skandia Marketing, Inc. and Prudential Insurance Agency, LLC, (b) commissions and trail commissions payable under selling agreements in connection with the Contracts among broker-dealers, ALNY and ALFS, (c) the costs of goods and services purchased from outside vendors, (d) travel expenses and (e) state and federal regulatory fees incurred on behalf of ALNY.

5.03. ALFS shall present a statement after the end of each quarter showing the amount due with respect to the Financial Institution Channel as provided in Section 5.01, the amount due with respect to marketing allowances as provided in Section 5.02, and the apportionment of other services rendered and the direct expenses incurred in connection therewith. Settlements are due and payable within thirty days.

ARTICLE VI.

UNDERWRITING TERMS

6.01. ALFS makes no representations or warranties regarding the number of Contracts to be sold by Selling Broker-Dealer and the registered representatives of Selling Broker-Dealer. ALFS does, however, represent that it will actively engage in its duties under this Agreement on a continuous basis while there are effective registration statements with the SEC.


6.02. ALFS will use its best efforts to ensure that the Contracts shall be offered for sale by registered broker-dealers and registered representatives (who are duly licensed as insurance agents) on the terms described in the currently effective prospectus describing such Contracts.

6.03. ALNY will use its best efforts to assure that the Contracts are continuously registered under the 1933 Act (and under any applicable state “blue sky” laws) and to file for approval under state insurance laws when necessary.

ARTICLE VII.

LEGAL AND REGULATORY ACTIONS

7.01. ALNY agrees to advise ALFS immediately of:

 

  (a) any request by the SEC for amendment of the registration statements or for additional information relating to the Contracts;

 

  (b) the issuance by the SEC of any stop order suspending the effectiveness of the registration statements relating to the Contracts or the initiation of any proceedings for that purpose; and

 

  (c) the happening of any known material event which makes untrue any statement made in the registration statements relating to the Contracts or which requires the making of a change therein in order to make any statement made therein not misleading.

7.02. Each of the undersigned parties agrees to notify the other in writing upon being apprised of the institution of any proceeding, investigation or hearing involving the offer or sale of the subject Contracts.

7.03. During any legal action or inquiry, ALNY will furnish to ALFS such information with respect to the Contracts in such form and signed by such of its officers as ALFS may reasonably request and will warrant that the statements therein contained when so signed are true and correct.

7.04. If changes in insurance laws or regulations could reasonably be expected to affect the sales and administration of Contracts under this Agreement, ALNY shall notify ALFS within a reasonable time after ALNY receives notice of those changes. Such notice shall be in writing except, if circumstances so require, the notice may be communicated by telephone or facsimile and confirmed in writing.


ARTICLE VIII.

TERMINATION

8.01. This Agreement shall terminate at either party’s option, without penalty:

 

  (a) without cause, on not less than 180 days’ prior written notice to the other party;

 

  (b) upon the mutual written consent of the parties;

 

  (c) upon written notice of one party to the other in the event of bankruptcy or insolvency of the party to which notice is given;

 

  (d) upon the suspension or revocation of any material license or permit held by a party by the appropriate governmental agency or authority; however, such termination shall extend only to the jurisdiction(s) where the party is prohibited from doing business; or

 

  (e) upon the finding by any regulatory body in a formal proceeding of material wrongdoing by a party regarding its duties under this Agreement.

8.02. If either party breaches this Agreement or is in default in the performance of any of its duties and obligations hereunder (the “Defaulting Party”), the non-defaulting party may give written notice thereof to the Defaulting Party, and if such breach or default is not remedied within 60 days after such written notice is given, then the non-defaulting party may terminate this Agreement by giving 30 days’ prior written notice of such termination to the Defaulting Party.

8.03. The parties agree to cooperate and give reasonable assistance to one another in effecting an orderly transition following termination.

ARTICLE IX.

INDEMNIFICATION

 

  9.01 ALNY agrees to indemnify ALFS for any liability that it may incur to a Contract owner or party-in-interest under a Contract:

 

  (a) arising out of any act or omission in the course of or in connection with rendering services under this Agreement; or

 

  (b) arising out of the purchase, retention or surrender of a contract; provided, however that ALNY will not indemnify ALFS for any such liability that results from the willful misfeasance, bad faith or gross negligence of ALFS or from the reckless disregard by ALFS of its duties and obligations arising under this Agreement.

ARTICLE X.

GENERAL PROVISIONS

10.01 This Agreement shall be subject to the laws of the State of New York.


10.02 This Agreement, along with any schedules attached hereto and incorporated herein by reference, may be amended from time to time by mutual agreement and consent of the under signed parties.

10.03 In case any provision of this Agreement shall be invalid, illegal or unenforceable, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.


SCHEDULE A

 

Separate Account

 

Effective Date

 

Contract(s)

 

Form #(s)

Allstate Life of New York Separate Account A   10/14/96   AIM Lifetime Plus   NYLU349
Allstate Life of New York Separate Account A   1/17/00   AIM Lifetime Plus II   NYLU410
Allstate Life of New York Separate Account A   12/3/01   AIM Lifetime Enhanced Choice  

NYLU509 2% Contract

NYLU510 4% Contract

Allstate Life of New York Separate Account A   6/3/02   AIM Lifetime America Classic   NYLU523
Allstate Life of New York Separate Account A   6/3/02   AIM Lifetime America Regal   NYLU523
Allstate Life of New York Separate Account A   6/3/02   AIM Lifetime America Freedom   NYLU523
Allstate Life of New York Separate Account A   9/8/00   Provider VA   NYLU446
Allstate Life of New York Separate Account A   7/8/02   Provider Ultra   NYLU516

Dates Referenced Herein   and   Documents Incorporated by Reference

This ‘POS AM’ Filing    Date    Other Filings
Filed on:4/1/16
6/1/068-K
 List all Filings 


8 Subsequent Filings that Reference this Filing

  As Of               Filer                 Filing    For·On·As Docs:Size             Issuer                      Filing Agent

 3/29/24  Wilton Reassurance Life Co. of NY S-1                    5:4.1M                                   Broadridge Fin’l So… Inc
 4/11/23  Wilton Reassurance Life Co. of NY POS AM                 5:2.1M                                   Workiva Inc Wde… FA01/FA
 4/28/22  Wilton Reassurance Life Co. of NY POS AM                 1:273K                                   Workiva Inc Wde… FA01/FA
 4/11/22  Wilton Reassurance Life Co. of NY POS AM                 5:2.4M                                   Workiva Inc Wde… FA01/FA
11/01/21  Wilton Reassurance Life Co. of NY S-1        10/29/21    9:7.6M                                   Donnelley … Solutions/FA
 4/27/21  Allstate Life Ins Co. of New York S-1/A       4/26/21  110:22M                                    Workiva Inc Wde… FA01/FA
 4/21/21  Allstate Life Ins Co. of New York CORRESP4/01/24    1:2.7M                                   Workiva Inc Wde… FA01/FA
 3/30/21  Allstate Life Ins Co. of New York S-1                  112:22M                                    Workiva Inc Wde… FA01/FA
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