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Liberty <br /> ' international <br /> Healthcare Professional Liability <br /> A. evaluations and resultant recommendations concerning professional practice patterns of others for controlling the <br /> cost of delivery of patient care; <br /> B. determinations and/or recommendations regarding healthcare services to be provided by others to any <br /> participant in any healthcare insurance plan;or <br /> C. determination or consultation in the determination of benefits paid by others to any participant in a healthcare <br /> insurance plan. <br /> VIII. CONDITIONS <br /> A. LEGAL ACTION AGAINST THE COMPANY <br /> A person or organization may bring Suit against the Company including,but not limited to,a Suit to recover on <br /> an agreed settlement or on a final judgement against an Insured; but the Company will not be liable for <br /> Damages that are not payable under the terms of this policy or that are in excess of the applicable limit of <br /> insurance. An agreed settlement means a settlement and release of liability signed by the Company,the Insured <br /> and the claimant or the claimant's legal representative. <br /> However,no action by an Insured shall lie against the Company unless there has been full compliance with all of <br /> the terms of this policy. <br /> B. ASSIGNMENT <br /> Assignment of interest under this policy shall not bind the Company until its consent is endorsed herein; if, <br /> however,the Named Insured shall die, such insurance as afforded by this policy shall apply (1) to the Named <br /> Insured's legal representative as the Named Insured,but only while acting within the scope of his/her duties as <br /> such, and (2) with respect to the property of the Named Insured, to the person having proper temporary <br /> custody thereof,as Insured,but only until the appointment and qualification of the legal representative. <br /> C. ASSISTANCE AND COOPERATION OF INSURED <br /> The Insured shall give written notice to the Company as soon as practicable of any claim made against the <br /> Insured or of any specific circumstances involving a particular person likely to result in a claim. The notice shall <br /> identify the Insured and contain reasonably obtainable information with respect to the time, place and <br /> circumstances of the injury,including the names and addresses of the injured and of available witnesses and the <br /> extent of the type of claim anticipated. If a claim is made or Suit is brought against the Insured,the Insured <br /> shall immediately forward to the Company every demand, notice, summons or other process received by the <br /> Insured or the Insured's representative. <br /> The Insured shall cooperate with the Company and,upon the Company's request,assist in making settlements, <br /> in the conduct of Suits and enforcing any right of contribution or indemnity against any person or organization <br /> who may be liable to the Insured because of injury or Damage with respect to which this insurance is afforded <br /> under this policy;and the Insured shall attend hearings and trials and assist in securing and giving evidence and <br /> obtaining the attendance of witnesses. The Insured shall not,except at the Insured's own cost,voluntarily make <br /> any payments,assume any obligations or incur any expense. <br /> D. BANKRUPTCY OR INSOLVENCY <br /> Bankruptcy or insolvency of the Insured or of the Insured's estate shall not relieve the Company of any of its <br /> obligations hereunder. <br /> E. CANCELLATION AND NONRENEWAL <br /> 1. CANCELLATION <br /> This insurance may be canceled on the customary short-rate basis by the Named Insured at any time by <br /> written notice or by surrender of this insurance to the Company or its authorized representative and the <br /> Company shall refund the paid premium less the earned portion thereof within thirty(30)days of the latter <br /> 12 1111 <br /> HCPL-2037i(01/14) <br />