2016-325-E Health - The NC Public Health Foundation for smoking cessation counseling

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DocuSign Envelope ID:91 F43AFA-8CB4-4861-887A-F304C7A6614B b. We will make these payments regardless of e. All costs taxed against the insured in the "suit". fault. These payments will not exceed the ap- f. Prejudgment interest awarded against the plicable limit of insurance. We will pay reason- insured on that part of the judgment we pay. If able expenses for: we make an offer to pay the applicable limit of (1) First aid administered at the time of an insurance, we will not pay any prejudgment in- accident; terest based on that period of time after the of- (2) Necessary medical, surgical, x-ray and fer. dental services, including prosthetic de- g. All interest on the full amount of any judgment vices; and that accrues after entry of the judgment and be- (3) Necessary ambulance, hospital, profes fore we have paid, offered to pay, or deposited sional nursing and funeral services. in court the part of the judgment that is within the applicable limit of insurance. 2. Exclusions These payments will not reduce the limits of insur- We will not pay expenses for"bodily injury': ance. a. To any insured. 2. If we defend an insured against a "suit" and an b. To a person hired to do work for or on behalf of indemnitee of the insured is also named as a party any insured or a tenant of any insured. to the "suit", we will defend that indemnitee if all of c. To a person injured on that part of premises the following conditions are met: you own or rent that the person normally occu- a. The "suit" against the indemnitee seeks dam- pies. ages for which the insured has assumed the li- d. To a person, whether or not an "employee" of ability of the indemnitee in a contract or agree- any insured, if benefits for the"bodily injury'are ment that is an "insured contract"; payable or must be provided under a workers' b. This insurance applies to such liability assumed compensation or disability benefits law or a by the insured; similar law. c. The obligation to defend, or the cost of the e. To a person injured while taking part in athlet- defense of, that indemnitee, has also been as- ics. sumed by the insured in the same "insured f. Included within the "products-completed opera- contract"; tions hazard". d. The allegations in the "suit" and the information g. Excluded under Coverage A. we know about the "occurrence" are such that no conflict appears to exist between the inter- h. Due to war, whether or not declared, or any act ests of the insured and the interests of the in- or condition incident to war. War includes civil demnitee; war, insurrection, rebellion or revolution. e. The indemnitee and the insured ask us to con- SUPPLEMENTARY PAYMENTS—COVERAGES A duct and control the defense of that indemnitee AND B against such "suit" and agree that we can as- 1. We will pay, with respect to any claim we investi- sign the same counsel to defend the insured gate or settle, or any "suit" against an insured we and the indemnitee;and defend: f. The indemnitee: a. All expenses we incur. (1) Agrees in writing to: b. Up to $250 for cost of bail bonds required be- (a) Cooperate with us in the investigation, cause of accidents or traffic law violations aris- settlement or defense of the"suit"; ing out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do (b) Immediately send us copies of any de not have to furnish these bonds. mands, notices, summonses or legal papers received in connection with the c. The cost of bonds to release attachments, but "suit"; only for bond amounts within the applicable (c) Notify any other insurer whose coverage limit of insurance. We do not have to furnish these bonds. is available to the indemnitee; and d. All reasonable expenses incurred by the in- (d) Cooperate with us with respect to coor sured at our request to assist us in the investi dinating other applicable insurance gation or defense of the claim or "suit", includ- ing to the indemnitee; and ing actual loss of earnings up to $250 a day because of time off from work. Page 6 of 13 Copyright, Insurance Services Office, Inc., 1997 CG 00 01 07 98 ❑