BUSINESS LIABILITY COVERAGE FORM
<br />When this insurance Is excess over other
<br />insurance, we will pay only our share of
<br />the amount of the loss, if any, that
<br />exceeds the sum 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-
<br />insured amounts under all that other
<br />Insurance.
<br />We will share the remaining loss, if any, with
<br />any other insurance that is not described in
<br />this Excess Insurance provision and was not
<br />bought specifically to apply in excess of the
<br />Limits of Insurance shown in the
<br />Declarations ofthis Coverage Part.
<br />c. Method Of Sharing
<br />If all the other insurance permits
<br />contribution by equal shares, we will follow
<br />this method also. Under this approach,
<br />each insurer contributes equal amounts
<br />until it has paid its applicable limit of
<br />insurance or none of the loss remains,
<br />whichever comes first.
<br />if any of the other insurance does not permit
<br />contribution by equal shares, we will
<br />contribute by limits. Under this method, each
<br />insurer's share Is based on the ratio of its
<br />applicable limit of insurance to the total
<br />applicable limits of insurance of all insurers.
<br />8. Transfer Of Rights, Of Recovery Against
<br />Others To Us
<br />a. Transfer Of Rights Of Recovery
<br />if the insured has rights to recover alt or
<br />part of any payment, including
<br />Supplementary Payments, we have made
<br />under this Coverage Part, those rights are
<br />transferred to us. The insured must do
<br />nothing after loss to impair tham_ At our
<br />request, the insured will bring "suit" or
<br />transfer those rights -to us and help us
<br />enforce them. This condition does not
<br />apply to Medical Expenses Coverage.
<br />b. Waiver Of Rights Of Recovery (Waiver
<br />Of Subrogation)
<br />If the insured has waived any rights of
<br />recovery against any person or
<br />organization for all or part of any payment,
<br />Including Supplementary Payments, we
<br />have made under this Coverage Part, we
<br />also waive that right, provided the insured
<br />waived their rights of recovery against
<br />such person or organization in a contract,
<br />agreement or permit that was executed
<br />prior to the injury or damage.
<br />Page 17 of 24
<br />(6) When You Are Added As An
<br />Additional Insured To Other
<br />Insurance
<br />That is other insurance available to
<br />you covering liability for damages
<br />arising out of the premises or
<br />operations, or products and completed
<br />operations, for which you have been
<br />added as an additional Insured by that
<br />insurance; or
<br />(7) When You Add Others As An
<br />Additional insured To This
<br />N
<br />c�
<br />insurance
<br />o
<br />That Is other insurance available to an
<br />additional insured.
<br />'
<br />However, the following provisions
<br />apply to other insurance available to
<br />any person or organization who Is an
<br />additional insured under this Coverage
<br />Part.
<br />(a) Primary Insurance When
<br />C-4
<br />Required By Contract
<br />This insurance Is primary if you
<br />have agreed in a written contract,
<br />written agreement or permit that
<br />CM5_!5A
<br />this insurance be primary. If other
<br />insurance is also primary, we will
<br />share with all that other Insurance
<br />by the method described in c.
<br />below.
<br />(b) Primary And Non -Contributory
<br />To Other Insurance When
<br />Required By Contract
<br />If you have agreed in a written
<br />contract, written agreement or
<br />permit that this Insurance is
<br />primary and non-contributory with
<br />the additional insured's own
<br />insurance, this Insurance Is
<br />primary and we will not seek
<br />contribution from that other
<br />insurance.
<br />Paragraphs (a) and (b) do not apply to
<br />other Insurance to which the additional
<br />Insured has been added as an
<br />sf�
<br />additional Insured.
<br />When this Insurance is excess, we will
<br />have no duty under this Coverage Part to
<br />s�
<br />defend the insured against any "suit" If any
<br />other insurer has a duty to defend the
<br />insured against that "suit". if no other
<br />insurer defends, we will undertake to do
<br />so, but we will be entitled to the Insured's
<br />rights against all those other insurers.
<br />BUSINESS LIABILITY COVERAGE FORM
<br />When this insurance Is excess over other
<br />insurance, we will pay only our share of
<br />the amount of the loss, if any, that
<br />exceeds the sum 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-
<br />insured amounts under all that other
<br />Insurance.
<br />We will share the remaining loss, if any, with
<br />any other insurance that is not described in
<br />this Excess Insurance provision and was not
<br />bought specifically to apply in excess of the
<br />Limits of Insurance shown in the
<br />Declarations ofthis Coverage Part.
<br />c. Method Of Sharing
<br />If all the other insurance permits
<br />contribution by equal shares, we will follow
<br />this method also. Under this approach,
<br />each insurer contributes equal amounts
<br />until it has paid its applicable limit of
<br />insurance or none of the loss remains,
<br />whichever comes first.
<br />if any of the other insurance does not permit
<br />contribution by equal shares, we will
<br />contribute by limits. Under this method, each
<br />insurer's share Is based on the ratio of its
<br />applicable limit of insurance to the total
<br />applicable limits of insurance of all insurers.
<br />8. Transfer Of Rights, Of Recovery Against
<br />Others To Us
<br />a. Transfer Of Rights Of Recovery
<br />if the insured has rights to recover alt or
<br />part of any payment, including
<br />Supplementary Payments, we have made
<br />under this Coverage Part, those rights are
<br />transferred to us. The insured must do
<br />nothing after loss to impair tham_ At our
<br />request, the insured will bring "suit" or
<br />transfer those rights -to us and help us
<br />enforce them. This condition does not
<br />apply to Medical Expenses Coverage.
<br />b. Waiver Of Rights Of Recovery (Waiver
<br />Of Subrogation)
<br />If the insured has waived any rights of
<br />recovery against any person or
<br />organization for all or part of any payment,
<br />Including Supplementary Payments, we
<br />have made under this Coverage Part, we
<br />also waive that right, provided the insured
<br />waived their rights of recovery against
<br />such person or organization in a contract,
<br />agreement or permit that was executed
<br />prior to the injury or damage.
<br />Page 17 of 24
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