Laserfiche WebLink
c. You and any other involved insured must: <br />(1) Immediately send us copies of any <br />demands, notices, summonses or <br />legal papers received in connection <br />with the claim or "suit"; <br />(2) Authorize us to obtain records and <br />other information; <br />(3) Cooperate with us in the investigation, <br />settlement of the claim or defense <br />against the "suit"; and <br />(4) Assist us, upon our request, in the <br />enforcement of any right against any <br />person or organization that may be <br />liable to the insured because of injury <br />or damage to which this insurance <br />may also apply. <br />d. No insureds will, except at their own cost, <br />voluntarily make a payment, assume any <br />obligation, or incur any expense, other <br />than for first aid, without our consent. <br />3. Financial Responsibility Laws <br />a. When this policy is certified as proof of <br />financial responsibility for the future under <br />the provisions of any motor vehicle <br />financial responsibility law, the insurance <br />provided by the policy for "bodily injury" <br />liability and "property damage" liability will <br />comply with the provisions of the law to <br />the extent of the coverage and limits of <br />insurance required by that law. <br />b. With respect to "mobile equipment" to <br />which this insurance applies, we will <br />provide any liability, uninsured motorists, <br />underinsured motorists, no-fault or other <br />coverage required by any motor vehicle <br />law. We will provide the required limits for <br />those coverages. <br />4. Legal Action Against Us <br />No person or organization has a right under <br />this coverage form: <br />a. To join us as a party or otherwise bring us <br />into a "suit" asking for damages from an <br />insured; or <br />b. To sue us on this coverage form unless all <br />of its terms have been fully complied with. <br />A person or organization may sue us to <br />recover on an agreed settlement or on a final <br />judgment against an insured obtained after an <br />actual trial; but we will not be liable for <br />damages that are not payable under the terms <br />of this policy or that are in excess of the <br />applicable limit of insurance. An agreed <br />settlement means a settlement and release of <br />liability signed by us, the insured and the <br />claimant or the claimant's legal representative. <br />(d) If the loss arises out of the <br />maintenance or use of aircraft, <br />"autos' or watercraft to the extent <br />Form SS 00 08 03 00 <br />5. Separation of Insureds <br />Except with respect to the Limits of Insurance, <br />and any rights or duties specifically assigned <br />in this policy to the first Named Insured, this <br />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 />a claim is made or "suit" is brought. <br />6. Unintentional Failure to Disclose Hazards <br />It is agreed that based on our reliance on your <br />representations as to existing hazards, if <br />unintentionally you should fail to disclose all <br />such hazards at the inception date of your <br />policy, we shall not deny any coverage under <br />this Coverage Form because of such failure. <br />7. Other Insurance - Primary Additional <br />Insured <br />If the written contract or agreement or permit <br />requires this insurance to be primary for any <br />person or organization with whom you agree <br />to include in WHO IS AN INSURED, this Other <br />Insurance Provision is applicable. <br />If other valid and collectible insurance is <br />available for a loss we cover under this <br />Business Liability Coverage Form, our <br />obligations are limited as follows: <br />a. Primary Insurance <br />This insurance is primary. We will not <br />seek contributions from other insurance <br />available to the person or organization <br />with whom you agree to include in WHO <br />IS AN INSURED, except when b. applies. <br />b. Excess Insurance <br />This insurance is excess over: <br />(1) Any other insurance, whether primary, <br />excess, contingent or on any other <br />basis: <br />(a) That is Fire, Extended Coverage, <br />Builder's Risk, Installation Risk or <br />similar coverage for "your work"; <br />(b) That is Fire insurance for <br />premises rented to you or <br />temporarily occupied by you with <br />permission of the owner; <br />(c) That is insurance purchased by <br />you to cover your liability as a <br />tenant for "property damage" to <br />premises rented to you or <br />temporarily occupied by you with <br />permission of the owner; or <br />APPROV>/D AS lU riots subject to Exclusion g. of <br />~~/'/ ~~i~ Section A. -Coverages. <br />~~1 ~~. <br />Ls~ura Sfiu Sheedy <br />Assistant City Attm'nc )' <br />