ELKS BUILDING ASSOCIATION OF SANTA ANA

Home Browse Search

081 * 06/07/2021 * UMB 3952752 00 GREAT AMERICAN ALLIANCE INS CO *D/B* 121126296 255044 Q. Transfer of Rights of Recovery Against Others to Us If any "Insured" has rights to recover all or part of any payment we have made under this Policy, those rights are transferred to us. The "Insured" must do nothing after loss to impair those rights and must help us enforce them. At our request, the "Insured" will bring "suit" or transfer those rights to us and help us enforce them. Any recoveries will be applied as follows: 1. any interests, including the "Insured," that have paid an amount in excess of our payment under this Policy will be reimbursed first; 2. we then will be reimbursed up to the amount we have paid; and 3. lastly, any interests, including the "Insured," over which our insurance is excess, are entitled to claim the residue. Expenses incurred in the exercise of rights of recovery will be apportioned between the interests, including the "Insured," in the ratio of their respective recoveries as finally settled. R. Terms Conformed to Statute The terms of this Policy which are in conflict with the statutes of the state where this Policy is issued are amended to conform to the minimum mandatory requirements of such statutes. If we are prevented by law or statute from paying on behalf of an "Insured," then we will, where permitted by law or statute, indemnify the "Insured" for those sums in excess of the "retained limit." S. Titles and Headings Headings and titles contained in this Policy are for purposes of organization and reference only. They do not, and shall not be deemed to, control or affect the meaning or construction of any provision of this Policy. T. Transfer of Your Rights And Duties No "Insured" may transfer any of its rights or duties under this Policy without our written consent. If you die or are legally declared bankrupt, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. However, notice of cancellation sent to the first Named Insured designated in Item 1. of the Declarations and mailed to the address shown in this Policy will be sufficient notice to effect cancellation of this Policy, even if you have died or been legally declared bankrupt. U. Unintentional Failure to Disclose Hazards An "Insured's" failure to disclose all hazards existing as of the inception date of this Policy will not prejudice that "Insured's" insurance with respect to the coverage afforded by this Policy, provided such failure is both: a. not intentional on the part of that "Insured" and GAI 6002 (Ed. 04/10) XS (Page 25 of 26)