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Apr 23 07 11,13a Cal Waters <br />(21 Authorize us to obtain records and other <br />information; <br />(3) Cooperate with us in the investigation or <br />settlement of the claim or defense against <br />the "suit"; and <br />14) Assist us, upon our request, in the en- <br />forcement of any right against any person <br />or organization which may be liable to the <br />insured because of injury or damage to <br />which this insurance may also apply. <br />d. No insured will, except at that insured's own <br />cost, voluntarily make a payment, assume any <br />obligation, or incur any expense, other than <br />for first aid, without our consent. <br />3. Legal Action Against Els <br />No person or organization has a right under this <br />Coverage Part: <br />a. To join us as a party or otherwise bring us in- <br />to a "suit" asking for damages from an in- <br />sured; or <br />b. To sue us on this Coverage Part unless all of <br />its terms have been fully complied with. <br />A person or organization may sue us to recover <br />or, an agreed settlement or on a final judgment <br />against an insured; but we will not be liable for <br />camages that are not payable under the terms of <br />this Coverage Part or that are in excess of the ap- <br />plicable limit of insurance. An agreed settlement <br />means a settlement and release of liability signed <br />by us, the insured and the claimant or the claim- <br />ant's legal representative. <br />4. Other Insurance <br />If other valid and collectible insurance is available <br />to the insured for a loss we cover under Cover- <br />ages A or B of this Coverage Part, our obligations <br />are limited as follows: <br />a. Primary Insurance <br />This insurance is primary except when b. be- <br />low applies. If this insurance is primary, our <br />obligations are not affected unless any of the <br />other insurance is also primary. Then, we will <br />share with all that other insurance by the c <br />method described in c. below. <br />b. Excess Insurance <br />This insurance is excess over: <br />(1) Any of the other insurance, whether pri- <br />mary, excess, contingent or on any other <br />basis: <br />(a) That is Fire, Extended Coverage, <br />Builder's Risk, Installation Risk or simi- <br />lar coverage for "your work"; <br />A. �. <br />CG 00 01 10 01Copytighf; ISO;F�Voperties, <br />714-378-4797 1 <br />(b) That is Fire insurance for premises <br />rented to you or temporarily occupied <br />by you with permission of the owner; <br />(c) That is insurance purchased by you to <br />cover your liability as a tenant for <br />"property damage" to premises rented <br />to you or temporarily occupied by you <br />with permission of the owner; or <br />(d) If the loss arises out of the main- <br />tenance or use of aircraft, "autos" or <br />watercraft to the extent not subject to <br />Exclusion g. of Section I- Coverage A <br />- Bodily Injury And Property Damage <br />Liability. <br />(2) Any other primary insurance available to <br />you covering liability for damages arising <br />out of the premises or operations for <br />which you have been added as an addi- <br />tional insured by attachment of an en- <br />dorsement. <br />When this insurance is excess, we will have <br />no duty under Coverages A or B to defend the <br />insured against any "suit' if any other insurer <br />has a duty to defend the insured against that <br />"suit", If no other insurer defends, we will un- <br />dertake to do so, but we will be entitled to <br />the insured's rights against all those other in- <br />surers. <br />When this insurance is excess over other in- <br />surance, 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 insur- <br />ance would pay for the loss in the ab- <br />sence 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 />Method Of Sharing <br />If all of the other insurance permits contribu- <br />tion by equal shares, we will follow this meth- <br />od also. Under this approach each insurer <br />contributes equal amounts until it has paid its <br />applicable limit of insurance or none of the <br />loss remains, whichever comes first. <br />If any of the other insurance does not permit <br />contribution by equal shares, we will con- <br />tribute by limits. Under this method, each in- <br />surer's share is based on the ratio of its appli- <br />cable limit of insurance to the total applicable <br />limits of insurance of all insurers. <br />Inc., 2000 <br />Page 10 of 14 <br />