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Healthcare Professional Liability <br />The Insured and each of its employees shall cooperate with the Company and, upon the Company's request, <br />assist in making settlements, in the conduct of Suits and enforcing any right of contribution or indemnity <br />against any person or organization who may be liable to the Insured because of injury or Ramage with <br />respect to which this insurance is afforded under this policy, and the Insured, and any of its members, <br />partners, officers, directors, stockholders and employees that the Company deems necessary shall attend <br />beatings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. The <br />Insured shall not, except at the Insured's own cost, voluntarily make any payments, assume any obligations or <br />incur any expense. <br />D. BANKRUPTCY OR INSOLVENCY <br />Bankruptcy or insolvency of the Insured or of the Insured's estate shall not relieve the Company of any of its <br />obligations hereunder. <br />E. CANCELLATION AND NONRENEWAL <br />1. CANCELLATION <br />This insurance may be canceled on the customary short -rate basis by the Named Insured at any time by <br />written notice or by surrender of this insurance to the Company or its authorized representative and the <br />Company shall refund the paid premium less the earned portion thereof within thirty (30) days of the latter <br />of the effective date of cancellation or the date of delivery of the Insured's notice of intent to cancel, <br />subject always to the retention by the Company of any minimum premium stipulated herein (or <br />proportion thereof previously agreed upon). <br />The earned portion of the premium shall be computed on the customary short -rate basis unless any state <br />law or regulation of the state shown in the mailing address of the Named Insured in the Declarations <br />requires that return premium be computed on a pro -rata basis, even in the event of cancellation by the <br />Named Insured. <br />This insurance may also be canceled, with or without the return or tender of the unearned premium, by <br />the Company or by its authorized representative on its behalf, by sending to the Named Insured, by first- <br />class registered or testified mail, at the Named Insured's address last known to the Company or its <br />authorized agent, not less than ninety (90) days written notice stating the specific reason for such <br />cancellation and when the cancellation shall be effective. In such case, the Company shall refund the paid <br />premium less the earned portion thereof within ten (10) business days after the effective date of <br />cancellation, subject always to the retention by the Company of any minimum premium stipulated herein <br />(or proportion thereof previously agreed upon) in the event of cancellation either by the Company or the <br />Named Insured. In case of nonpayment of premium, only thirty (30) days written notice of cancellation <br />must be given by the Company. Minimum premium shall not apply to the return of unearned premium if <br />cancellation is by the Company. <br />Cancellation by the Company shall only be effective if based on one or more of the following reasons: <br />a. nonpayment of premium; <br />b. the policy was obtained through material misrepresentation that was relied on by the Company, and <br />such policy would not have been issued by the Company under the same terms and conditions if <br />correct information had been disclosed; <br />C. material failure to comply with any policy tern, condition or contractual duty; <br />d. the risk originally accepted has measurably increased; or <br />e. loss by the Company of reinsurance which provided coverage for all or a substantial part of the risk <br />insured. <br />2. NONRENEWAL <br />14 <br />HCPL-2037 (Ed. 11/09) <br />