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2018-08-22 CC Set Agenda Packet
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2018-08-22 CC Set Agenda Packet
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c. The cost of bonds to release attachments, but (b) Immediately send us copies of any de- <br /> only for bond amounts within the applicable lim- mands, notices, summonses or legal <br /> it of insurance. We do not have to furnish these papers received in connection with the <br /> bonds. "suit'; <br /> d. All reasonable expenses incurred by the in- (c) Notify any other insurer whose coverage <br /> sured at our request to assist us in the investi- is available to the indemnitee; and <br /> gation or defense of the claim or "suit", includ- (d) Cooperate with us with respect to coor- <br /> ing actual loss of earnings up to $250 a day dinating other applicable insurance <br /> because of time off from work. available to the indemnitee;and <br /> e. All costs taxed against the insured in the"suit". (2) Provides us with written authorization to: <br /> f. Prejudgment interest awarded against the (a) Obtain records and other information <br /> insured on that part of the judgment we pay. If related to the"suit';and <br /> we make an offer to pay the applicable limit of <br /> insurance, we will not pay any prejudgment in- (b) Conduct and control the defense of the <br /> terest based on that period of time after the of- indemnitee in such"suit". <br /> fer. So long as the above conditions are met, attor- <br /> . All interest on the full amount of any judgment neys' fees incurred by us in the defense of that in- <br /> that accrues after entry of the judgment and be- demnitee, necessary litigation expenses incurred <br /> fore we have paid, offered to pay, or deposited by us and necessary litigation expenses incurred <br /> in court the part of the judgment that is within by the indemnitee at our request will be paid as <br /> the applicable limit of insurance. Supplementary Payments. Notwithstanding the <br /> TProvisions of Paragraph 2.b.(2) of Section I --Cov- <br /> hese payments will not reduce the limits of incur- <br /> erage A— Bodily Injury And Property Damage Lia- <br /> ance. bility, such payments will not be deemed to be <br /> . If we defend an insured against a "suit" and an damages for"bodily injury' and "property damage" <br /> indemnitee of the insured is also named as a party and will not reduce the limits of insurance. <br /> to the "suit", we will defend that indemnitee if all of Our obligation to defend an insured's indemnitee <br /> the following conditions are met: and to pay for attorneys'fees and necessary litiga- <br /> . The "suit" against the indemnitee seeks dam- tion expenses as Supplementary Payments ends <br /> ages for which the insured has assumed the li- when: <br /> ability of the indemnitee in a contract or agree- . We have used up the applicable limit of insur- <br /> ment that is an"insured contract"; ance in the payment of judgments or settle- <br /> b. This insurance applies to such liability assumed ments;or <br /> by the insured; . The conditions set forth above, or the terms of <br /> c. The obligation to defend, or the cost of the the agreement described in Paragraph f. <br /> defense of, that indemnitee, has also been as- above,are no longer met. <br /> sumed by the insured in the same "insured SECTION II—WHO IS AN INSURED <br /> contract''; <br /> d. The allegations in the "suit" and the information �• If you are designated in the Declarations as: <br /> we know about the "occurrence" are such that a. An individual, you and your spouse are in- <br /> no conflict appears to exist between the inter- sureds, but only with respect to the conduct of <br /> ests of the insured and the interests of the in- a business of which you are the sole owner. <br /> demnitee; b. A partnership or joint venture, you are an in- <br /> . The indemnitee and the insured ask us to con- sured. Your members, your partners, and their <br /> duct and control the defense of that indemnitee spouses are also insureds, but only with re- <br /> against such "suit" and agree that we can as- spect to the conduct of your business. <br /> sign the same counsel to defend the insured c. A limited liability company, you are an insured. <br /> and the indemnitee; and Your members are also insureds, but only with <br /> f. The indemnitee: respect to the conduct of your business. Your <br /> managers are insureds, but only with respect to <br /> (1) Agrees in writing to: their duties as your managers. <br /> (a) Cooperate with us in the investigation, <br /> settlement or defense of the"suit"; <br /> Page 8 of 15 0 ISO Properties, Inc., 2003 CG 00 0112 04 <br />
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