CASTLR MASONRY 1-2004 - Laserfiche WebLink

Home Browse Search

c. You and any other Involved Insured must: (1) Immediatei)' send us copies 01 any de- mands, notices, summonses or legal pa. pelS received In connection With the claim or "suit"; (2) Authorize us to cblaìn records and other informal/On; (3) Cooperate With us in the Investigation or settlement of the claim or defense against the 'suir; and (4) Assist us, upon our request, In the enforcement of any right against any per- son or organization which may be liable to the Insured beCaUse of injury or dam- age to which this Insurance may also ap- ply, d. No Insured will. except at that Insured's own cost, voIuntarly make a payment, assume any OÞllgation, or incur any expense, other than lor first ald. withoUt our consent. 3. Legal Action AgaInst U. No person or organiZation has a right under this Coverage Part: a. To loin us as a party or otherwise bItng us into a 'suit' asking for damages from an in- sured; or b. To sue us on this Coverage Part unleSS all of Its tenns have been fully complied With. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an Insured obtained after an lIdual trial; but we Will not be liable for damages that are not payable under the terms of this Coverage Part or that are In excess of the applIcable limn of Insurance. An agreed settlement means a settlement and release of liability Signed by us, the imlUred and the claimant or the claimant's legal representative. 4. Ot'- Inslnnce If other va~d and CQJIeçtlble Insurance Is awH- able to the. insured .Ior a loss we cover under *' Coverages A or B d -this Coverage Part, our Db- ;'~ limited Is as follows: .. Insurance ThIS insurance primary except when b. be- low applies, If this insurance is primary, our obligations are not affected unless any of the other Insurance 19 aI9O primary, Then, we will share with all that ofher Insurance by !he method described in Co below. b. Excass Insurance ThIS insurance Is excess over any of the other insurance. whether primary, excess. contin- gent or on any other bosis: (1) That Is Fire, Extended Coverage, Builder's Risk, Installation Risk or simüar coverage for "yOUr work'; (2) ThaI is Are insurance lor premises rented to you or temporarily OCCI.lpÌed by you with permission of the owner. IX (3) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to !he extent not subject to Exclusion g. of Coverage A (Section I), When this Insurance is e~œss, we Will have no duty under Coverages A or B to defend the Insured against any "sui' If any other insurør has a duty to defend the losured against thai 'suit', II no other Insurer defends, we will undertake to do 50, but we wiH be entitled to the Insured's r!ghIs against all Ihose other InsuAHS. When this Insurance is excess over other in. surance, we will pay only ,)Ur share 01 the amount of the loss, If any, that exceeds the sum of: (t) The total amount that all such other in- surance WOUld pay for the loss in the ab- sence of this insurance; and (2) The tøtal of all deductible and sail-Insured amounts under aU that other Insurance, We Will share the remaining loss, If any, With any other insurance thai is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Lìm~s 01 Insurance shown in Ihe Declarations of this Coverage Part. c. Method of Sharing II aN of the other insurance permits contrib- ution by equal shares, we will follow this method also, Under this approach '1!ach insurer contributes equal amounts until it has paid Its applicable limit of insuranèe or none of the loss remaJns, whichever comes first, If any of the other Insurance does not permit contribution by equal shares, we Will contrib- ute by limits. Under thIS method, each insur- er's share is based on lhe ratio of its applicable limit of Insurance to the total ap- plicable IImJfs 01 insurance of all insurers. Page80f13 0 CGOOO10186 Copyright, Insurance Services ptfice. lno,. 1994 ~.Ð g'd 1 ~.q 1.1 e9~:11 ~O GG ~ew