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<br />BUSINESS LIABILITY COVER;. .: FORM <br /> <br />(2) Notify us as soon as practicable, <br />You must see to it that we receive a <br />written notice of the claim or "suit" as soon <br />as practicable, <br />But this condition will not be considered <br />breached unless the breach occurs after <br />such claim or "suit" is known to anyone <br />listed in 2 .a. (1) through (5) above, <br /> <br />c. You and any other involved insured must: <br /> <br />(1) Immediately send us copies of any <br />demands, notices, summonses or <br />legal papers received in connection <br />with the claim or "suif'; <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 the <br />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 /> <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 /> <br />A person or organization may sue us to <br />recover on an agreed settlement or on a final <br />judgment against an insured; but we will not be <br />liable for damages that are not payable under <br />the terms of this insurance or that are in <br />excess of the applicable limit of insurance, An <br />agreed settlement means a settlement and <br />release of liability signed by us, the insured <br />and the claimant or the claimant's legal <br />representative, <br /> <br />5. Separation of Insureds <br /> <br />Except with respect to the Limits of Insurance, <br />and any rights or duties specifically assigned in <br />this policy to the first Named Insured, this <br />insurance applies: <br /> <br />a. As if each Named Insured were the only <br />Named Insured; and <br /> <br />b. Separately to each insured against whom <br />a claim is made or "suit" is brought. <br /> <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 /> <br />7. Other Insurance . Primary Additional <br />Insured <br /> <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 to <br />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 /> <br />a. Primary Insurance <br /> <br />This insurance is primary. We will not <br />seek contributions from other insurance <br />available to the person or organization with <br />whom you agree to include in WHO IS AN <br />INSURED, except when b. applies, <br /> <br />b. Excesslnsurance <br /> <br />This insurance is excess over: <br /> <br />(1) Any other insurance, whether primary, <br />excess, contingent or on any other <br />basis: <br /> <br />(a) That is Fire, Extended Coverage, <br />Builder's Risk, Installation Risk or <br />similar coverage for "your work"; <br /> <br />.' l-~_?.) l\..S <br /> <br />. <br />i~ <br /> <br />Page 14 of 20 <br /> <br />~3 ?/;/ <br />/ 0:~J_.,,_ h<_"__~.,,_.__. <br /> <br />Form 55 00 08 04 01 <br /> <br />.~;,. , <br /> <br />; \1 ;\ <br />