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Docusign Envelope ID: 921 F7A24-D5CE-4BCC-9F3C-5E7844661266 <br />or other written communications delivered by Insurer to Administrator for delivery to Eligible Persons shall <br />be delivered by Administrator promptly, after receipt of instructions from Insurer to deliver them. Louisi- <br />ana Rev. Stat. § 22:1650. <br />9. Underwriting. The Parties agree that Administrator does not provide any underwriting services to <br />Insurer. Insurer understands and agrees that all underwriting decisions pertaining to the plan are solely the <br />responsibility of Insurer. Louisiana Rev. Stat. § 22:1642(8). <br />10. Insurer Obligations. Insurer shall fulfill any lawful obligations with respect to policies affected <br />by the Agreement, regardless of any dispute between Insurer and Administrator. Louisiana Rev. Stat. § <br />22:1642(C). <br />11. Premium Collection and Payment of Claims. <br />11.1 The Parties agree that Administrator will not collect insurance charges or premiums or plan <br />contributions on behalf of or for Insurer, and the return of premiums received from Insurer, if any, shall be <br />held by Administrator in a fiduciary capacity. Such funds shall be immediately remitted to the person or <br />persons entitled to them or shall be deposited promptly in a fiduciary account established and maintained <br />by Administrator in a federally or state Eligible Person financial institution. Funds held in a fiduciary ac- <br />count or a Claims paying account shall not be used for payment of any business operating expenses of <br />Administrator. Administrator shall periodically render an accounting to Insurer detailing all transactions <br />performed by Administrator pertaining to the business underwritten by Insurer. Louisiana Rev. Stat. § <br />22:1647(A). <br />11.2 If charges deposited in a fiduciary account have been collected on behalf of or for one or <br />more insurers, Administrator shall keep records clearly recording the deposits in and withdrawals from the <br />account on behalf of each insurer. Administrator shall keep copies of all the records and, upon request of <br />Insurer, shall furnish Insurer with copies of the records pertaining to such deposits and withdrawals. Lou- <br />isiana Rev. Stat. § 22:1647(B). <br />11.3 Administrator shall not pay any Claim by withdrawals from a fiduciary account in which <br />charges are deposited. Any withdrawal from such account shall be made as provided in the Agreement. The <br />Agreement shall address but not be limited to the following: (1) Remittance to Insurer entitled to remittance. <br />(2) Deposit in an account maintained in the name of Insurer. (3) Transfer to and deposit in a Claims -paying <br />account, with Claims to be paid in full compliance with this section. (4) Payment to a group policyholder <br />for remittance to Insurer entitled to such remittance. (5) Payment to Administrator of its commissions, fees, <br />or charges. (6) Remittance of return premium to the person or persons entitled to such return premium. Lou- <br />isiana Rev. Stat. § 22:1647(C). <br />123 <br />This document is CONFIDENTIAL AND PROPRIETARY to RIGHTWAY Healthcare, Inc. and may not be reproduced, <br />transmitted, published, or disclosed to others without the prior written authorization of RIGHTWAY Healthcare, Inc. <br />