Lynn Shatz 12/3/2019 - Laserfiche WebLink

IOW P � Ir � ' T rinternational Healthcare Professional Liability Umierwriters. 1. If there is other valid insurance (whether primary, excess, contingent or self-insurance) which may apply against a loss or claim covered by this policy, the insurance provided hereunder shall be deemed excess insurance over and above the applicable limit of all other insurance or self-insurance. When this insurance is excess,the Company shall have no duty under this policy to defend any claim or Suit that any other insurer or self-insurer has a duty to defend. If such other insurer or self-insurer refuses to defend such claim or Suit,the Company shall be entitled to the Insured's rights against all such other insurers or self-insurers for any Claims Expenses incurred by the Company. 2. Except as provided in paragraph 3. below,when both this insurance and other insurance or self-insurance apply to the loss on the same basis,whether primary,excess or contingent,the Company shall not be liable under this policy for a greater proportion of the loss or defense costs than the applicable Limit of Liability under this policy for such loss bears to the total applicable limit of liability of all valid and collectible insurance against such loss. Subject to the foregoing,if a loss occurs involving two or more policies,each of which provides that its insurance shall be excess,each will contribute pro-rata. 3. With respect to coverages afforded under Coverage C.,Supplemental Liability,and Supplementary Payments F and G,this policy shall apply as excess above the Insured's Homeowner's or Renter's Liability Policy,if applicable,and,if applicable,any Personal Umbrella Liability specifically stated to apply as excess above such Homeowner's or Renter's Liability Policy,regardless of how such policy(ies)is(are)characterized as applying in the event of other applicable insurance.To the extent applicable under any such Homeowner's or Renter's policy,Exclusions 3,4 5,14,15,and 16 are modified in accordance with such policy's terms,conditions and exclusions. I. REIMBURSEMENT While the Company has no duty to do so,if the Company pays Damages or Claims Expenses: a. within the amount of the applicable Deductible; b. in excess of the applicable Limit of Liability, all Insureds shall be jointly and severally liable to the Company for such amounts. Upon written demand, the Insured shall repay such amounts to the Company within thirty (30) days thereof. Failure to pay any amount indicated may lead to policy cancellation. J. SUBROGATION To the extent of any payment under this policy,the Company shall be subrogated to all the Insured's rights of recovery therefore against any person, organization or entity and the Insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Insured shall do nothing after any loss to prejudice such rights. K. PREMIUM All premiums for this policy shall be computed in accordance with the Company's rules, rates, rating plans, premiums and minimum premiums applicable to the insurance afforded herein. Premium designated in this policy is a deposit premium only which shall be credited to the amount of the earned premium due at the end of the Policy Period. At the close of each period (or part thereof terminating with the end of the Policy Period) designated in the Declarations as the audit period the earned premium shall be computed for such period,and upon notice thereof to the Named Insured, shall become due and payable. If the total earned premium for the Policy Period is less than the premium previously paid, the Company shall return to the Named Insured the unearned portion paid by the Named Insured. The Named Insured shall maintain records of such information as is necessary for premium computation,and shall send copies of such records to the Company at the end of the Policy Period and at such times during the Policy Period as the Company may direct. L. INSPECTION AND AUDIT 14 15 HCPL-2037i(01/14)