2019/01/23 Council Agenda Packet

ZD2 A738713 03 0901489 4 2. Duties In The Event Of Injury,Claim Or Suit A.person or organization may sue us to recover on a. You must see to it that we are notified as soon an agreed settlement or on a final judgment aswhich may result in against an insured; but we will not be liable for practicable of aninjury a claim. To the extent possible, notice should damages that are not payable under the terms of include: this Coverage Part or that are in excess of the applicable limit of insurance.An agreed settlement (1) Flow, when and where the "injury" took means a settlement and release of liability signed place; by us, the insured and the claimant or the (2) The names and addresses of any injured claimant's legal representative. persons and witnesses;and 4. Other Insurance (3) The nature and location of any"injury". If other valid and collectible insurance is available the insured b. If a claim is made or "suit" is brought against to for a loss we cover under this anyPart, our obligations are �limited as insured,you must: Coverage g follows: (1) Immediately record the specifics of the claim or"suit"and the date received; and a. Primary Insurance (2) Notify us as soon as practicable. This insurance is primary. Our obligations are not affected unless any of the other insurance You must see to it that we receive notice of the claim or "suit" soon written is also primary. Then,we will share with all that asasother insurance by the method described in b. practicable. below. G. You and any other involved insured must: b. Method Of Sharing (1) Immediately send us copies of any If all of the other insurance permits contribution demands, notices, summonses or legal by equal shares, we will follow this method papers received in connection with the also. Under this approach each insurer claim or"suit"; contributes equal amounts until it has paid its (2) Authorize us to obtain records and other applicable limit of insurance or none of the loss information; remains,whichever comes first. (3) Cooperate with us in the investigation or If any of the other insurance does not permit settlement of the claim or defense against' contribution by equal shares, we will contribute the"suit"; and by limits. Under this method, each insurer's . (4) Assist us, upon our request, in the share is based on the ratio of its applicable enforcement _ of any right against any limit of insurance to the total applicable limits of person or organization which may be liable insurance of all insurers. to the insured because of"injury" to which v. Premium Audit this insurance may also apply. . a. We will compute all premiums for this d. No insured will, except at that insured's own Coverage Part in accordance with our rules cost, voluntarily make a payment, assume any and rates. obligation, or incur any expense, other than for b. Premium shown in this Coverage Part as first aid,without our consent. advance premium is a deposit premium only. 3. Legal Action Against Us At the close of each audit period we will No person or organization has a right under this compute the earned-premium-forthat-period - . Coverage Part: and send notice to the first Named Insured. The due date for audit and retrospective a. To join us as a party or otherwise bring us into premiums is the date shown as the due date a"suit"asking for damages from an insured;or on the bill. If the sum of the advance and audit b. To sue us on this Coverage Part unless all of premiums paid for the policy period is greater its terms have been fully complied with. than the earned premium, we will return the excess to the first Named Insured. Page 4 of 6 ©Insurance Services Office, Inc., 2012 CG 00 33 0413 41