PELLETIER & ASSOCIATES - 2008 - Laserfiche WebLink

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FORM (8) When You Are Added As An Addlllooal Insured To Other Insurance Thal Is olhef Insurance available to you covering liability for damages arising out of the premises or operallons, or products and completed operations, for which you have been added as an additional Insured by Nat insurance; or (T When You Add Others As An Additional Insured To This Insurance That Is othet Insurance available to an additional insured. However, the following provisions apply to other Insurance available la any poison or ovirctation who Is or additional Insured uotlerthis Coverage Part (a) Primary Insurance When Requhed By Contract This insurance Is primary if you have agreed in a written conlrect, written agreement or permit Thal thlsinsurance6eprlmery Ifolh¢r insurance is also primary, wa will share with all Ihal other Insurance by the memotl described in c. below (h� Primary Antl Non•Cantrlbutory To Other Insurance When Required By Contract II you have agreed In a wrtlen conlrecl, writlen agreement or p¢rmlt that this Nsuraoce Is primary and noo•oonUlbulory whh the adtlltiooal Insur¢tl's arm insurance, this Nsurance Is primary and wa will hot seek conldhullon Irom that other Insurance Paragraphs (a(aotl (b) du not apply to other losurence to which the adtlilional insured has been added as an additional Insmatl When this insurance Is excess, wa will have noduty under this Covar3ge Pad N defantlthelnsutatlagelnslahy "suit "lfaoy other i!mura� has a duty to defend Na insured against that "suiP'. If no other insurer defends, wa will wtl¢rlaka to tlo so, but w¢ will he entitled to Iha Insureds rights against all those other insurers. BUSINESS LIABILITY COVERAGE When this insurance is excess over olher msurenc¢, we udll pay only our share of N amount of the loss, if any, that exceeds the sum of: III The total amount that all such other Insuraaca would pay for the lass In the absence of this losulanca', and fig( The total of all tletluclible and self• Insured amour's under all that Bihar Insurance, 'A'e will share me remaining lass, Barry, wiN any other insurance that Is not tlesalhsd In [his Excess Insurance provUgn and was not Xi spactlisally to apply in excess of he Limit of insurance shown in the Decorators of NlsCov¢r�s Pad, c. Method OfSharing If all the other Insurance permits contribution by equal shares, we will follow his melhac also Under his approach, each insurer contributes equal amounts unVl It has paid its applicable Ilmh of Insurance or none of (he loss remains, whichever comes first. If any of Iha other insurance does not permit wnlrlbulian by ¢goal shares, we will wolhbutehylimils WtlarNlsmallo-tl,each Nsurer's share is based on the redo al IN applicable Ilmlt of iosuracc¢ to the total appl ''cebl¢limltsofiosuraoaaofall Insurare S, Transfer Of Rights Of Raoovery Agalhal Olhars io Us a. Transfer OfAigNtsOfRecouery If the insured has rights la recover ell ar part of any payment, Including Supplemanlery Payments, we hav¢ made uotlar this Coverage Part, Nose righls are Imnsferretl to us. The insured mull tlo nothing atlw loss to Impair Ihem. Al our requeal, the Insured vUll bring "suit" or Iransfar Nase righls to us and help us enforce them Thls centlition does ool apply to Matllcel Expenses Coverage, 6. Waiver Of Rights Of Recovery �Walver Of Subrogatloo� If the msuretl has vrelvatl any righls of receuary against any parson ar organhalion far all or part olaoy payment, InclutlNg Supplamemary Payments, wa bads made uotlar Ihis Coverage Part, w¢ also waive that dghl, provided Na Insured waived Nair righls of recovery against such person or organiaalion In a contact, agreement or permit that was exewletl prior to the injury or damage, Form SS 00 08 g4 d5 Paga 11 of Z4