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Sent By: <br />ALLIED BROKERS; 949 4531244; <br />Jul -26 -07 9:29; Page 10/13 <br />BUSINESS LIABILITY COVERAGE FORM <br />(8) When You Are Added. As An <br />When this Insurance is excess over other <br />Additional Insured To Other <br />insurance, we will pay only our share of <br />Insurance <br />the amount of the loss, if any, that <br />That is. other Insurance available to <br />exceeds the sum of: <br />you covering liability for damages <br />(1) The total amount that all such other <br />arising out of the premises or <br />insurance would pay for the loss In the <br />operations, or products and completed <br />absence of this insurance; and <br />operations, for which you have been <br />(2) The total of all deductible and self - <br />added as an additional Insured by that <br />insured amounts under all that other <br />insurance; or <br />insurance <br />(7) When You Add Others As An <br />We will share the remaining loss, if any, with <br />Additional insured To This <br />any other insurance that is not described in <br />Insurance <br />this Excess Insurance provision and was not <br />m <br />That is other insurance available to an <br />bought speclficaliy to apply in excess of the <br />additional insured. <br />Limits of Insurance shown in the <br />However, the following provisions <br />Declarations of this Coverage Pan. <br />o <br />o <br />apply to other insurance available to <br />- <br />c. Method Of Sharing <br />any person or organization who is an <br />If all the other insurance permits <br />N <br />additional insured under this Coverage <br />contribution by equal shares, we will follow <br />Part: <br />this method also. Under this approach, <br />(a) Primary Insurance When <br />each Insurer contributes equal amounts <br />o <br />Required By Cotttract <br />until it has paid its applicable limit of <br />This Insurance is primary if you <br />Insurance or none of the loss remains, <br />+ <br />have agreed in a written contract, <br />whichever comes first. <br />written agreement or permit that <br />If any of the other insurance does not permit <br />this Insu rance be primary. If other <br />contribution by equal shares, we will <br />insurance Is also primary, we will <br />contribute by limits. Under this method, each <br />share with all. that other insurance <br />insurer's share is based on the ratio of its <br />by the method described in c. <br />applicable limit of insurance to the total <br />= <br />below- <br />applicable limits of insurance of all insurers. <br />(b) Primary And, Non-Contributory <br />8, Transfer Of Rights Of Recovery Against <br />To Other Insurance When <br />Others To Us <br />Required By Contract <br />a. Transfer Of Rights Of Recovery <br />tf you have agreed In a written <br />If the insured has rights to recover all or <br />9552 <br />contract, written agreement or <br />part of any payment, including <br />1= <br />permit that . this insurance is <br />Supplementary Payments, we have made <br />primary.. and non-contributory with <br />under this Coverage Part, those rights are <br />the additional Insured's own <br />transferred to us. The insured must do <br />szza <br />lnsutan.ce, this insurance is <br />nothing after loss to impair them. At our <br />primary and we will not seek <br />request, the insured will bring "suit" or <br />contribution from that other <br />transfer those rights to us and help us <br />IlEm <br />insurance. <br />enforce them. This condition does not <br />Paragraphs (a) and (tx) do riot apply to <br />apply to Medical Expenses coverage. <br />other Insurance to which the additional <br />b. waiver Of Rights Of Recovery (Waiver <br />Sam <br />insured has been added as an <br />Of Subrogation) <br />additlonal insured. <br />If the insured has waived any rights of <br />When this insurance is excess, we will <br />recovery against any person or <br />have no fluty under this (;i6VeragB Part to <br />organization for all or part of any payment, <br />defend: the Inaureal against any "euW' If any <br />including Supplementary Payments, we <br />other Insurer has a duty to .defend the <br />have made under this Coverage Part, we <br />insured against that "suit ". if no other <br />also waive that right, provided the insured <br />insurer. defends, we will undertake to do <br />waived their rights of recovery against <br />so; but we will be entitled to the insured's <br />such person or organization in a contract, <br />rights against all those other insurers. <br />agreement or permit that was executed <br />prior to the injury or damage. <br />Form SS'00 08 04 06 Page 17 of 24 <br />