LABELLE-MARVIN 1B - 2008 - Laserfiche WebLink

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(6) When You Are Added As An Additional insured To Other Insurance That is other Insurance available to YOU covering liability for damages arising out of the premises or Operations, or products and completed operations, for which you have been added as an additional insured by that Insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any, person or organization who Is an additional insured under this Coverage Part; (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this Insurance be primary. If other In surance Is also primary, we wily share with all that other insurance by the method described in c. below. (b) *rimory And Non -Contributory' To ' Other Insurance When Required By Contract If you have agreed In a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insurecrs own Insurance, this Insurance is Primary and we will not seek contribution from that other Insurance. Paragraphs (a) and (b) do not apply to other Insuranceto which the additional insured has been added as an additional insured. When this insurance Is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" If any other insurer has a duty to defend the Insured against that "suit. If no other Insurer defends, we will undertake to do $o, but we will be entitled to the insured -s rights against all those other insurers. Form SS 04 08 04 Da BUS" '_ -SS LIABILITY COVERAGE FORM When this insurance is excess over other. Insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of. (1) The total amount that all such other Insurance would pay for the loss In the absence of this insurance; and (2) The total of all deductible and self- insured amounts under all that other Insurance. We will share the remaining loss, If any, with any other insurance that is not described In this Excess btsuranos provision and was not bought specifically to apply In exc m of the Units of Insurance shown in the Declarations of this Coverage Part: C. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of Insurance or none of the loss remains, whichever comes first. if any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the Talo of its applicable limit of Insurance to the total applicable limits of Insurance of all inwnrs. 8. Transfer Of Rights Of Recovery Agait? i Others T*,Us a. Transfer Of Rtghts Of Recovery If the insured has rights to recover all or Part of any Payment, including Supplementary Payments, we have made under this Coverage Part, those rights are' transferred to us. The insured must do nothing atter foss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage, b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) It the insured has waived any rights of recovery against any person or orpantzailon for all or part of any payment, Including Supplamentmy Payments, we have made under this Coverage part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the Injury or damage. Page 17 of 24