OCEAN BLUE ENVIROMENTAL SERVICES, INC.

Home Browse Search

C. Defense We have the right and the duty to defend, including the right to select counsel for, any Claim against you seeking Professional Loss or Pollution Loss to which, this insurance applies, even if any of the allegations are groundless, false or fraudulent. However, we have no duty to defend any Claim against you to which, this insurance does not apply. If we exercise such right set forth above, you must promptly reimburse us for any payments made by us within the Self -Insured Retention Amount, if any. We shall have the right, but not the duty, to defend an Insured against any Claim seeking damages for Professional Loss or Pollution Loss that is within the Self -Insured Retention Amount. D. Consent to Settle As a condition precedent to the coverage hereunder: You shall not admit liability with respect to, or settle, any Claim, Protective Claim or Pollution Protective Claim without our prior written consent. If we recommend a monetary settlement of a Claim: 1, for an amount within the Self -Insured Retention Amount, and you refuse to settle for such recommended amount, we shall not be liable for any Professional Loss, Rectification Expense or Pollution Loss, in excess of the Self -Insured Retention Amount; or 2, for a total amount in excess of the Self -Insured Retention Amount, and you refuse to settle for such recommended amount, our liability for Professional Loss, Rectification Expense or Pollution Loss or for any amount, for which, coverage is or may be applicable, shall be limited to such recommended amount plus the Legal Expense incurred as of the date we recommended such settlement amount that exceeds the Self -Insured Retention Amount, but falls within the Limits of Liability. E. Circumstance Reporting If during the Policy Period, the Named Insured first becomes aware of an actual or alleged negligent act, error or omission in Professional Services or a Pollution Condition, that the Named Insured reasonably believes may result in a Claim (hereafter referred to as a "Circumstance") that this Policy may apply, the Named Insured may provide written notice, of the actual or alleged negligent act, error omission in Professional Services or the Pollution Condition, to us during the Policy Period. Any such Circumstance that subsequently becomes a Claim made against the Named Insured and reported to us, In writing, shall be considered to have been first made and reported during the Policy Period and shall be subject to all of the terms and conditions of this Policy. As a condition precedent to the rights afforded to the Named Insured under this Subsection E., such written notice to us of a Circumstance shall contain all of the following information: 1. the date and details of all actual and alleged negligent acts, errors or omissions in Professional Services that took place, along with the specific nature, date and extent of any injury or damage that has been sustained; 2. the date and details of the Pollution Condition and the Contracting Services that may have caused such condition; 3. copies of any agreements that have been entered into by the Named Insured that are related to the Professional Services or Contracting Services; and 4. details explaining how the Named Insured first became aware of the Circumstance EVPCPocCP 0618 ® 2018 X.L. America, Inc. All Rights Reserved. Page 24 of 28 May not be copied without permission.