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 c. You and any other involved insured must: b. Method of Sharing (1) Immediately send us copies of any de- If all of the other insurance permits contribution mands, notices, summonses or legal pa- by equal shares, we will follow this method pers received in connection with the claim also. Under this approach each insurer contrib- or"suit"; utes equal amounts until it has paid its applica- (2) Authorize us to obtain records and other ble limit of insurance or none of the loss re information; mains, whichever comes first. (3) Cooperate with us in the investigation or If any of the other insurance does not permit settlement of the claim or defense against contribution by equal shares, we will contribute the"suit"; and by limits. Under this method, each insurers share is based on the ratio of its applicable limit (4) Assist us, upon our request, in the en- of insurance to the total applicable limits of en- forcement of any right against any person or surance of all insurers. organization which may be liable to the in- sured because of "injury' to which this in- surance may also apply. a. We will compute all premiums for this Cover- d. No insured will, except at that insured's own age Part in accordance with our rules and cost, voluntarily make a payment, assume any rates. obligation, or incur any expense, other than for b. Premium shown in this Coverage Part as ad- first aid,without our consent. vance premium is a deposit premium only. At 3. Legal Action Against Us the close of each audit period we will compute the earned premium for that period. Audit pre- No person or organization has a right under this miums are due and payable on notice to the Coverage Part: first Named Insured. If the sum of the advance a. To join us as a party or otherwise bring us into and audit premiums paid for the policy period is a"suit"asking for damages from an insured; or greater than the earned premium, we will return b. To sue us on this Coverage Part unless all of the excess to the first Named Insured. its terms have been fully complied with. c. The first Named Insured must keep records of A person or organization may sue us to recover on the information we need for premium computa an agreed settlement or on a final judgment tion, and send us copies at such times as we against an insured obtained after an actual trial; may request. but we will not be liable for damages that are not 6. Representations payable under the terms of this Coverage Part or By accepting this policy, you agree: that are in excess of the applicable limit of insur- ance. An agreed settlement means a settlement a. The statements in the Declarations are accu and release of liability signed by us, the insured rate and complete; and the claimant or the claimant's legal represen- b. Those statements are based upon representa- tative. tions you made to us; and 4. Other Insurance c. We have issued this policy in reliance upon If other valid and collectible insurance is available your representations. to the insured for a loss we cover under this Cov- 7. Separation Of Insureds erage Part, our obligations are limited as follows: Except with respect to the Limits of Insurance, and a. Primary Insurance any rights or duties specifically assigned in this This insurance is primary. Our obligations are Coverage Part to the first Named Insured, this in not affected unless any of the other insurance surance applies: is also primary. Then, we will share with all that a. As if each Named Insured were the only other insurance by the method described in b. Named Insured;and below. b. Separately to each insured against whom claim is made or"suit" is brought. Page 4 of 5 Copyright, Insurance Services Office, Inc., 1994 CG 00 33 01 96 ❑