Laserfiche WebLink
Paragraphs (a) and (b) do not apply to <br />other insurance to which the additional <br />insured has been added as an additional <br />insured. <br />When this insurance is excess, we will have <br />no duty under Coverages A or B to defend <br />the insured against any "suit" if any other <br />insurer has a duty to defend the insured <br />against that "suit". If no other insurer defends, <br />we will undertake to do so, but we will be <br />entitled to the insured's rights against all <br />those other insurers. <br />When this insurance is excess over other <br />insurance, we will pay only our share of the <br />amount of the loss, if any, that exceeds the <br />sum of: <br />(1) The total amount that all such other <br />insurance would pay for the loss in the <br />absence of this insurance; and <br />(2) The total of all deductible and self -insured <br />amounts under all that other insurance. <br />We will share the remaining loss, if any, with <br />any other insurance that is not described in <br />this Excess Insurance provision and was not <br />bought specifically to apply in excess of the <br />Limits of Insurance shown in the Declarations <br />of this Coverage Part. <br />c. Method Of Sharing <br />If all of the other insurance permits <br />contribution by equal shares, we will follow <br />this method also. Under this approach each <br />insurer contributes equal amounts until it has <br />paid its applicable limit of insurance or none <br />of the loss remains, whichever comes first. <br />If any of the other insurance does not permit <br />contribution by equal shares, we will <br />contribute by limits. Under this method, each <br />insurer's share is based on the ratio of its <br />applicable limit of insurance to the total <br />applicable limits of insurance of all insurers. <br />5. Premium Audit <br />a. We will compute all premiums for this <br />Coverage Part in accordance with our rules <br />and rates. <br />b. Premium shown in this Coverage Part as <br />advance premium is a deposit premium only. <br />At the close of each audit period we will <br />compute the earned premium for that period <br />and send notice to the first Named Insured. <br />The due date for audit and retrospective <br />premiums is the date shown as the due date <br />on the bill. If the sum of the advance and <br />audit premiums paid for the policy period is <br />greater than the earned premium, we will <br />return the excess to the first Named Insured. <br />c. The first Named Insured must keep records of <br />the information we need for premium <br />HIS 00 01 09 16 <br />computation, and send us copies at such <br />times as we may request. <br />6. Representations <br />a. When You Accept This Policy <br />By accepting this policy, you agree: <br />(1) The statements in the Declarations are <br />accurate and complete; <br />(2) Those statements are based upon <br />representations you made to us; and <br />(3) We have issued this policy in reliance <br />upon your representations. <br />b. Unintentional Failure To Disclose Hazards <br />If unintentionally you should fail to disclose all <br />hazards relating to the conduct of your <br />business that exist at the inception date of <br />this Coverage Part, we shall not deny <br />coverage under this Coverage Part because <br />of such failure. <br />7. Separation Of Insureds <br />Except with respect to the Limits of Insurance, <br />and any rights or duties specifically assigned in <br />this Coverage Part to the first Named Insured, <br />this insurance applies: <br />a. As if each Named Insured were the only <br />Named Insured; and <br />b. Separately to each insured against whom <br />claim is made or "suit" is brought. <br />B. Transfer Of Rights Of Recovery Against <br />Others To Us <br />a. Transfer Of Rights Of Recovery <br />If the insured has rights to recover all or part <br />of any payment, including Supplementary <br />Payments, we have made under this <br />Coverage Part, those rights are transferred to <br />us. The insured must do nothing after loss to <br />impair them. At our request, the insured will <br />bring "suit" or transfer those rights to us and <br />help us enforce them. <br />b. Waiver Of Rights Of Recovery (Waiver Of <br />Subrogation) <br />If the insured has waived any rights of <br />recovery against any person or organization <br />for all or part of any payment, including <br />Supplementary Payments, we have made <br />under this Coverage Part, we also waive that <br />right, provided the insured waived their rights <br />of recovery against such person or <br />organization in a contract, agreement or <br />permit that was executed prior to the injury or <br />damage. <br />9. When We Do Not Renew <br />If we decide not to renew this Coverage Part, we <br />will mail or deliver to <br />shown in the Declaratii <br />'$ <br />® <br />1tWeMnwganmtDbAsion " <br />REVIEWED 6 APPROVED aC <br />Risk Management Speaalirt <br />