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 When this insurance is excess, we will have no 6. Representations duty under Coverages A or B to defend the in- By accepting this policy, you agree: sured against any"suit" if any other insurer has a duty to defend the insured against that "suit". a. The statements in the Declarations are accu- If no other insurer defends, we will undertake to rate and complete; do so, but we will be entitled to the insured's b. Those statements are based upon representa- rights against all those other insurers. tions you made to us; and When this insurance is excess over other in- c. We have issued this policy in reliance upon surance, we will pay only our share of the your representations. amount of the loss, if any, that exceeds the 7. Separation Of Insureds sum of: (1) The total amount that all such other insur Except with respect to the Limits of Insurance, and ance would pay for the loss in the absence any rights or duties specifically assigned in this a a this insurance; and Coverage Part to the first Named Insured, this in- of this insurance; and surance applies: (2) The total of all deductible and self-insured a. As if each Named Insured were the only amounts under all that other insurance. Named Insured;and We will share the remaining loss, if any, with b. Separately to each insured against whom claim any other insurance that is not described in this is made or"suit" is brought. Excess Insurance provision and was not bought specifically to apply in excess of the 8. Transfer Of Rights Of Recovery Against Others Limits of Insurance shown in the Declarations To Us of this Coverage Part. If the insured has rights to recover all or part of any c. Method Of Sharing payment we have made under this Coverage Part, If all of the other insurance permits contribution those rights are transferred to us. The insured by equal shares, we will follow this method must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer also. Under this approach each insurer contrib- utes equal amounts until it has paid its applica those rights to us and help us enforce them. ble limit of insurance or none of the loss re- 9. When We Do Not Renew mains, whichever comes first. If we decide not to renew this Coverage Part, we If any of the other insurance does not permit will mail or deliver to the first Named Insured contribution by equal shares, we will contribute shown in the Declarations written notice of the by limits. Under this method, each insurers nonrenewal not less than 30 days before the expi- share is based on the ratio of its applicable limit ration date. of insurance to the total applicable limits of in- If notice is mailed, proof of mailing will be sufficient surance of all insurers. proof of notice. 5. Premium Audit SECTION V—DEFINITIONS a. We will compute all premiums for this Cover- 1. "Advertisement" means a notice that is broadcast age Part in accordance with our rules and or published to the general public or specific mar- rates. ket segments about your goods, products or ser- b. Premium shown in this Coverage Part as ad- vices for the purpose of attracting customers or vance premium is a deposit premium only. At supporters. the close of each audit period we will compute 2. "Auto" means a land motor vehicle, trailer or semi- the earned premium for that period. Audit pre- trailer designed for travel on public roads, including miums are due and payable on notice to the any attached machinery or equipment. But "auto" first Named Insured. If the sum of the advance does not include"mobile equipment". and audit premiums paid for the policy period is 3. "Bodily injury' means bodily injury, sickness or greater than the earned premium, we will return disease sustained by a person, including death re- the excess to the first Named Insured. suiting from any of these at any time. c. The first Named Insured must keep records of 4. "Coverage territory"means: the information we need for premium computa- tion, and send us copies at such times as we a. The United States of America (including its may request. territories and possessions), Puerto Rico and Canada; Page 10 of 13 Copyright, Insurance Services Office, Inc., 1997 CG 00 01 07 98 ❑