KPFF CONSULTING ENGINEERS (4) - Laserfiche WebLink

Home Browse Search

PolicyNumber:03120067 This Policy shall be excess over any other valid policy, whether collectible or not, and whether provided on a primary, excess, contingent or any other basis, provided that such policy is not specifically written to be excess over this Policy. M. SOLE AGENT If there is more than one NamedInsured, the FirstNamed insured shall act on behalf of all Insureds for all purposes, including but not limited to the payment or return of premium, payment of any applicable Deductible, receipt and acceptance of any endorsement issued to form a part of this Policy, complying with all applicable Policy provisions, giving and receiving notice of cancellation or nonrenewal, reimbursement to the Company of any Deductible advanced and the exercise of the rights provided in the Optional Extended Reporting Period or Subrogation provisions of this Policy. N. SUBROGATION SUBROGATION In the event of any payment under this Policy, the Company shall be subrogated to all the Insured's rights of recovery against any person or organization and the Insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Insured shall do nothing to prejudice such rights. The Company agrees to waive its right of subrogation against any client of the Insured for a Claim which is covered by this Policy to the extent that the Insured had, prior to such Claim having been made and reported to the Company, whichever is earliest, a written agreement to waive such rights. Any recoveries shall be applied first to subrogation expenses, second to Damages and Defense Expenses paid by the Company, and third in satisfaction of the Policy Deductible shown in Item 4. of the Declarations. Any additional amounts recovered shall be paid to the First Named Insured. O. SERVICE OF SUIT In the event of the CompanyÓs failure to pay any amount claimed to be due hereunder, the Company, at the InsuredÓs request, will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this condition constitutes or should be understood to constitute a waiver of the CompanyÓs rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service of process in such suit may be made upon counsel, Legal Department, Allied th World Assurance Company (U.S.) Inc., 199 Water Street, 29 Floor, New York, NY 10038 or his or her representative, and that in any suit instituted against the Company upon this Policy, the Company will abide by the final decision of such court or of any appellate court in the event of an appeal. Further, pursuant to any statute of any state, territory, or district of the United States which makes provision therefore, the Company hereby designates the Superintendent, Commissioner or Director of Policy, or other officer specified for that purpose in the statute, or his or her successors in office, as its true and lawful agent upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on the InsuredÓs behalf or any beneficiary hereunder arising out of this Policy of insurance and hereby designates the above named as the person to whom the said officer is authorized to mail such process or a true copy thereof. AE 00002 00 (03/16)16 of 17