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ZD2 A738713 03 0901489 <br /> 2. Duties In The Event Of Injury, Claim Or Suit A person or organization may sue us to recover on <br /> a. You must see to it that we are notified as soon an agreed settlement or on a final judgment <br /> as practicable of an "injury"which may result in against an insured; but we will not be liable for <br /> a claim. To the extent possible, notice should damages that are not payable under the terms of <br /> include: this Coverage Part or that are in excess of the <br /> applicable limit of insurance.An agreed settlement <br /> (1) How, when and where the "injury" took means a settlement and release of liability signed <br /> place; by us, the insured and the claimant or the <br /> (2) The names and addresses of any injured claimant's legal representative. <br /> persons and witnesses; and 4. Other Insurance <br /> (3) The nature and location of any"injury". If other valid and collectible insurance is available <br /> b. If a claim is made or "suit" is brought against to the insured for a loss we cover under this <br /> any insured, you must: Coverage Part, our obligations are limited as <br /> (1) Immediately record the specifics of the follows: <br /> claim or"suit"and the date received; and a. Primary Insurance <br /> (2) Notify us as soon as practicable. This insurance is primary. Our obligations are <br /> You must see to it that we receive written not affected unless any of the other insurance <br /> notice of the claim or "suit" as soon as is also primary. Then, we will share with all that <br /> practicable. other insurance by the method described in b. <br /> below. <br /> c. You and any other involved insured must: b. Method Of Sharing <br /> (1) Immediately send us copies of any If all of the other insurance permits contribution <br /> demands, notices, summonses or legal by equal shares, we will follow this method <br /> papers received in connection with the also. Under this approach each insurer <br /> claim or"suit"; contributes equal amounts until it has paid its <br /> (2) Authorize us to obtain records and other applicable limit of insurance or none of the loss <br /> information; remains,whichever comes first. <br /> (3) Cooperate with us in the investigation or If any of the other insurance does not permit <br /> settlement of the claim or defense against contribution by equal shares, we will contribute <br /> the "suit"; and by limits. Under this method, each insurer's <br /> (4) Assist us, upon our request, in the share is based on the ratio of its applicable <br /> enforcement of any right against any limit of insurance to the total applicable limits of <br /> person or organization which may be liable insurance of all insurers. <br /> to the insured because of "injury" to which 5. Premium Audit <br /> this insurance may also apply. <br /> a. We will compute all premiums for this <br /> d. No insured will, except at that insured's own Coverage Part in accordance with our rules <br /> cost, voluntarily make a payment, assume any and rates. <br /> obligation, or incur any expense, other than for b. Premium shown in this Coverage Part as <br /> first aid, without our consent. advance premium is a deposit premium only. <br /> 3. Legal Action Against Us At the close of each audit period we will <br /> No person or organization has a right under this compute the earned premium for that period <br /> Coverage Part: and send notice to the first Named Insured. <br /> a. To join us as a party or otherwise bring us into The due date for audit and retrospective <br /> a"suit" asking for damages from an insured; or premiums is the date shown as the due date <br /> on the bill. If the sum of the advance and audit <br /> b. To sue us on this Coverage Part unless all of premiums paid for the policy period is greater <br /> its terms have been fully complied with. than the earned premium, we will return the <br /> excess to the first Named Insured. <br /> Page 4 of 6 ©Insurance Services Office, Inc., 2012 CG 00 33 04 13 <br />