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SECTION IV - COMMERCIAL GF.NFRAt. t roan 1r <br />SECTION IV - COMMERCIAL GENERAL LIABILITY <br />CONDITIONS <br />I. Bankruptcy. <br />Bankruptcy or insolvency of the insured or of the <br />insured's estate will not relieve us of our obligations <br />under this Coverage Part. <br />2. Duties in The Event of Occurrence, Claim or Suit. <br />a. You must see to it that we are notified as soon <br />as practicable of an "occurrence" or an offense <br />which may result in a claim. To the extent <br />Possible, notice should include: <br />(1) How, when and where the "occurrence" or <br />offense took place; <br />(2) The names and addresses of any injured <br />persons and witnesses; and <br />(3) The nature and location of any injury or <br />damage arising out of the "occurrence" or <br />offense. <br />b. If a claim is made or "suit" is brought against any <br />insured, you must: <br />(1) Immediately record the specifics of the <br />claim or "suit" and the date received; and <br />(2) Notify us as soon as practicable. <br />You must see to it that we receive written notice <br />of the claim or "suit" as soon as practicable. <br />c. You and any other involved insured must: <br />(1) Immediately send us copies of any <br />demands, notices, summonses or legal <br />papers received in connection with the <br />claim or "suit;" <br />(2) Authorize us to obtain records and other <br />information; <br />(3) Cooperate with us in the investigation, <br />settlement or defense of the claim or "suit;" <br />and <br />(4) Assist us, upon our request, in the <br />enforcement 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 insureds will, except at their own cost, <br />voluntarily make a payment, assume any <br />obligation, or incur any expense, other than for <br />first aid, without our consent. <br />3. Legal Action Against Us. <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 into a <br />"suit" asking for damages from an insured; or <br />b. To sue us on this Coverage Part unless all of its <br />terms have been fully complied with. <br />A person or organization may sue us to recover on an <br />agreed settlement or on a final judgment against an <br />insured obtained after an actual trial; but we will not <br />be liable for damages that are not payable under the <br />terms of this Coverage Part or that are in excess of <br />CG 0001 (11 /88) <br />the applicable limit of insurance. An agreed <br />the applicable limit of insurance. An agreed <br />settlement means a settlement and release of <br />liability signed by us, the insured and the claimant or <br />the claimant's legal representative. <br />4. 'Otherinsurance <br />If other valid and collectible insurance is available to <br />the insured for a loss we cover under Coverages A or <br />B of this Coverage Part, our obligations are limited <br />as follows: <br />a. Primary', Insurance <br />0 <br />Excess Insurance <br />This insurance is excess over any of the other <br />insurance, whether primary, excess, contingent <br />or on any other basis: <br />(1) That is Fire, Extended Coverage, Builder's <br />Risk, Installation Risk or similar coverage <br />for "your work;" <br />(2) That is Fire insurance for premises rented <br />to you; or <br />(3) If the loss arises out of the maintenance or <br />use of aircraft, "autos" or watercraft to the <br />extent not subject to Exclusion g. of <br />Coverage A (Section I). <br />When this insurance is excess, we will have no <br />duty under Coverage A or B to defend any claim <br />or "suit" that any other insurer has a duty to <br />defend. If no other insurer defends, we will <br />undertake to do so, but we will be entitled to the <br />insured's rights against all those other insurers. <br />When this insurance is excess over other <br />insurance, we will pay only our share of the <br />amount of the loss, if any, that exceeds the sum <br />of: <br />(1) The total amount that all such other <br />insurance would pay for the loss in the <br />absence 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 this <br />Excess Insurance provision and was not bought <br />specific -ally to apply in excess of the Limits of <br />Insurance shown in the Declarations of this <br />Coverage Part. <br />C. Method of Sharing <br />If all of the other insurance permits contribution <br />by equal shares, we will follow this method also. <br />Under this approach each insurer contributes <br />equal amounts until it has paid its applicable <br />limit of insurance or none of the loss remains, <br />whichever comes first. <br />If any of the other insurance does not permit <br />Page 6 of 9 <br />