CPC POWERTEC, INC. (2)-2011 - Laserfiche WebLink

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(8) When You Ara Added As An Additional Insured To Other Insurance That Is other Insurance avallabla to you covering liability for damages arising out of lha premises or operations, or products and completed operations, for which you have bean added as en 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 addlllonal Insured. However, the following provisions apply to other Insurance available to any person or organlzatlon who Is an additional Insured under this Coverage Pari_ (a) Primary Insurance When Required By Contract This Insurance Is primary If you havo agreed in a written contract, written agreement or permit That This insurance be primary. If other insurance Is also primary, we will share with all that other Insurance by the method described in c. below. (b) Primary 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 Insured's own insurance, this Insurance fs primary and we will no! seek contrtbutlon from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional Insured has 'been added as an additional insured. When this Insurance Is excess, wa will have no duty under Ihls Coverage Part to defend the Insured agelnst any "suit" if any other Insurer has a duty to defend the Insured against that "cult". tf no other insurer defends, we will undertake to do so, but we will be entitled to the Insured's rights agelnst all those other Insurers. BUSINESS LIABILITY COVERAGE FORM When lids Insurance Is excess over other Insurance, eve will pay only our share of the amount of the loss, If any, titer exceeds the sum of: (1) The total amount that all such other Insurance would pay for the loss In lira 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 fn Ihls Excess insurance provision and was not bought specifically to apply In excess of the Limits of Insurance shown fn the Declarations of this Coverage Part. c. Method Of Sharing If all tits other insuranco permits conlributlon by equal shares, wo will follow this method also. Under this approach, each Insurer contributes -equal amounts until It has paid Its applicable Ifmlt of insurance or none of the loss remains, whichever comes first. if any of the other insuranco dons not permit contribution by equal shares, we will conlrifwla by limits. Under tills method, each Insurer's share is based $ lha ratio of Its applicable Ilmlt of Insur?it?a to the total applicable fimlls of Insurance of all Insurers. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the Insured has rlghis to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, (hose rights are transferred to us. The Insured must do nothing after foss to Impair them. At our request, fire Insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does trot apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the Insured has waived any rights of recovery against any person or organlzatlon for all or pact al any payment, Including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the Insured waived their rights of recovery agelnst such person or organlzatlon In a contracF, agreement or permit that was executed prior to the In)ury or damage. Form SS 00 08 04 OS Page 17 of 24