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BUSINESS LIABILITY COVERAGE FORM <br />(8) When You Are Added As An <br />When this insurance is excess over other <br />Additional Insured To Other <br />insurance, we will pay only our share of <br />Insurance <br />the amount of the loss, if any, that <br />That is other insurance available to <br />exceeds the sum of: <br />you covering liability for damages <br />(1) The total amount that all such other <br />arising out of the premises or <br />insurance would pay for the loss in the <br />operations, or products and completed <br />absence of this insurance; and <br />operations, for which you have been <br />(2) The total of all deductible and self - <br />added as an additional insured by that <br />insured amounts under all that other <br />insurance; or <br />insurance. <br />(7) When You Add Others As An <br />We will share the remaining loss, if any, with <br />Additional Insured To This <br />any other insurance that is not described in <br />Insurance <br />this Excess Insurance provision and was not <br />That is other insurance available to an <br />bought specifically to apply in excess of the <br />additional insured. <br />Limits of Insurance shown in the <br />However, the following provisions <br />Declarations of this Coverage Part. <br />apply to other insurance available to <br />c. Method Of Sharing <br />any person or organization who is an <br />If all the other insurance permits <br />additional insured under this Coverage <br />contribution by equal shares, we will follow <br />Part: <br />this method also. Under this approach, <br />(a) Primary Insurance When <br />each insurer contributes equal amounts <br />Required By Contract <br />until it has paid its applicable limit of <br />This insurance is primary if you <br />insurance or none of the loss remains, <br />have agreed in a written contract, <br />whichever comes first, <br />written agreement or permit that <br />If any of the other insurance does not permit <br />this insurance be primary. If other <br />contribution by equal shares, we will <br />insurance is also primary, we will <br />contribute by limits. Under this method, each <br />share with all that other insurance <br />insurer's share is based on the ratio of its <br />by the method described in c. <br />applicable limit of insurance to the total <br />below. <br />applicable limits of insurance of all insurers. <br />(b) Primary And Non -Contributory <br />8. Transfer Of Rights Of Recovery Against <br />To Other Insurance When <br />Others To Us <br />Required By Contract <br />a. Transfer Of Rights Of Recovery <br />If you have agreed in a written <br />If the insured has rights to recover all or <br />contract, written agreement or <br />part of any payment, including <br />permit that this insurance is <br />Supplementary Payments, we have made <br />primary and non-contributory with <br />under this Coverage Part, those rights are <br />the additional insured's own <br />transferred to us. The insured must do <br />insurance, this insurance is <br />nothing after loss to impair them. At our <br />primary and we will not seek <br />request, the insured will bring "suit" or <br />contribution from that other <br />transfer those rights to us and help us <br />insurance. <br />enforce them. This condition does not <br />Paragraphs (a) and (b) do not apply to <br />apply to Medical Expenses Coverage, <br />other insurance to which the additional <br />b, Waiver Of Rights Of Recovery (Waiver <br />insured has been added as an <br />Of Subrogation) <br />additional insured. <br />If the insured has waived any rights of <br />W <br />When this insurance is excess, we will <br />recovery against any person or <br />have no duty under this Coverage Part to <br />organization for all or part of any payment, <br />defend the insured against any "suit" if any <br />including Supplementary Payments, we <br />other insurer has a duty, to defend the <br />have made under this Coverage Part, we <br />insured against that "suit". If no other <br />also waive that right, provided the insured <br />insurer defends, we will undertake to do <br />waived their rights of recovery against <br />so, but we will be entitled to the insured's <br />such person or organization in a contract, <br />rights against all those other insurers. <br />agreement or permit that was executed <br />prior to the injury or damage. <br />Form SIS 00 08 04 055j` <br />Page 177 24 <br />of <br />+l, <br />j� <br />