MERCY HOUSE LIVING CENTERS (ESG 2013a)

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Aug 01 13 08,01 a 0000000000 or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a parry or otherwise bring us into a "suit" asking for damages from an in- sured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settle- ment means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the Insured for a loss we cover under Cover- ages A or B of this Coverage Part, our obligations are limited as follows: a 1 Primary insurance This insurance Is primary except when b, be- low applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other Insurance by the method described in c. below. b- Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether pd- mary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "yourwork ", (b) That is Fire insurance for premises rented to you or temporarily occupied by you with permisslon of the owner, 00000000 00 C011 AL GENERAL LIABILI T Y (c) That is inse rance purchased by you to cover yo ,r liability as a tenant to: "property iamage" to premises rented to yc i or temporarily occupied by you with oermissicn of the owner; or (d) If the loss irises out of the mainte- nance or u.e of aircraft. "autos" or watercraft k the extent not subject to Exclusion g of Section I — Coverage A — Bodily njury And Property Dam- age Liability (2) Any other prime ry insurance available to you covering lie ditty for damages arising out of the pre vises or operations for which you have been added as an addi- tional insured t y attachment of an er- dorsement. When this insurance is excess, we will have no duty under Coverages A or B to defend the Insured against any "suit" if any other ir- surer has a duty to c efend the insured against that "suit'. If no othc r insurer defends, we will undertake to do so, but we wiH be entitled :o the insured's rights gainst all those other in- surers. When this insurance is excess over other in- surance, we will pa y only our share of Ere amount of the loss, it any, that exceeds the sum of: (1) The total amou it that all such other in- surance would fay for the loss in the ab- sence of this insurance; and (2) The total of all d,educfible and self - insured amounts under r II that other insurance. We will share the re paining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically t7 apply in excess of the Limits of Insurance : hown in the Declarations of this Coverage Par c. Method Of Sharing If all of the other in_ Arance permits contrfb,- tion by equal shaiss, we will follow :his method also. Under this approach each in- surer contributes ec cal amounts until it has Paid its applicable Ii nit of insurance or none of the loss remains, ,hichever comes first. If any of the other fr surance does not permit contribution by equs shares, we will contrib- APPR0 AS T O )'"CL[idj CG 00 0110 01 J ISO Properties Inc., 2000-- ---- -- �(`°��" q 9 -0{ g LISA E. S- IORCI` Assistant City Attorney