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CNA CNA PARAMOUNT Stop Gap Liability Coverage Part Concealment, Misrepresentation and Fraud No concealment, misrepresentation or fraud shall avoid or defeat recovery under this policy unless such concealment, misrepresentation or fraud was material. Concealment, misrepresentation or fraud in the procurement of this policy which if known by the Insurer would have led to refusal by the Insurer to make this contract or provide coverage, or to make this contract or provide coverage on different terms or conditions, will be deemed material. Estates, Legal Representatives and Spouses The estates, heirs, legal representatives and spouse of any natural person Insured shall also be insured under this coverage part; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouse only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such provided. Notice of Claims and Potential Claims A. The Insured must see to it that the Insurer is notified promptly of any act, error or omission committed in the administration of the Named Insured's employee benefit program that may reasonably be expected to be the basis of a claim against the Insured. To the extent possible, notice should include: 1. how, when and where the act, error or omission took place; 2. the names and addresses of any injured persons or organizations and witnesses; and 3. the nature and location of any injury or damage arising out of the occurrence or offense. B. If a claim is made against any Insured, the Insured must: 1. immediately record the specifics of the claim and the date received; and 2. notify the Insurer in writing as soon as possible. C. The Insured must: 1. immediately send the Insurer copies of any demands, notices, summonses or legal papers received in connection with the claim; 2. authorize the Insurer to obtain records and other information. D. no insureds will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense without the Insurer's consent. Other Insurance This insurance is in excess over any other valid and collectible insurance. The Insurer has no duty to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends, the Insurer will undertake to do so, but the Insurer will be entitled to the insured's rights against all those other insurers. If this insurance is excess over other insurance, the Insurer will pay only the Insurer share of the amount of the loss, if any, that exceeds the sum of: A. the total amount of that all such other insurance, would pay for the loss in the absence of this insurance; and B. the total of all deductible and self -insured amounts under all that other insurance. Premium Audit A. The Insurer will compute all premiums for this Coverage part in accordance with the Insurer rules and rates. B. Premium shown in this Coverage part as advance premium is a deposit premium only period the Insurer will compute the earned premium for that period and send notice tc CNA74934XX 01-15 Copyright CNA All Rights Reserved. �oRaN RiskMmRgemerttDiAsfan REVIEWED & APPROVED BY. - Risk Management Analyst