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DocuSign Envelope ID:656DF690-72BC-42BC-9E47-7038084D8FFA <br /> 4 <br /> Healthcare Professional Liability <br /> such Claim or Suit, the Company shall be entitled to the Insured's rights against all such other <br /> insurers or self-insurers for any Claims Expenses incurred by the Company. <br /> When both this insurance and other insurance or self-insurance apply to the loss on the same basis, <br /> whether primary, excess or contingent, the Company shall not be liable under this policy for a greater <br /> proportion of the loss or defense costs than the applicable Limit of Liability under this policy for such loss <br /> bears to the total applicable Limit of Liability of all valid and collectible insurance against such loss. <br /> Subject to the foregoing,if a loss occurs involving two or more policies, each of which provides that its <br /> insurance shall be excess,each will contribute pro-rata. <br /> E. SUBROGATION <br /> In the event of any payment under this policy,the Company shall be subrogated to all the Insured's rights <br /> of recovery therefore against any person,organization or entity and the Insured shall execute and deliver <br /> instruments and papers and do whatever else is necessary to secure such rights. The Insured shall do <br /> nothing after any loss to prejudice such rights. <br /> F. CHANGES <br /> The terms of this policy shall not be waived or changed,except by endorsements issued to form a part of <br /> this policy. <br /> G. BANKRUPTCY OR INSOLVENCY OF INSURED <br /> Bankruptcy or insolvency of the Insured or of the Insured's estate shall not relieve the Company of any <br /> of its obligations hereunder. <br /> H. C ANCELL ATION <br /> This insurance may be cancelled 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 /> This insurance may also be cancelled,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 certified 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 (thirty) days written notice of <br /> cancellation must be given by the Company. <br /> Cancellation by the Company shall only be effective if based on one or more of the following reasons: <br /> 1. nonpayment of premium; <br /> 2. the policy was obtained through a material misrepresentation; <br /> 3. violation of any of the terms and conditions of the policy; <br /> 4. the risk originally accepted has measurably increased;or <br /> 5. loss by the Company of reinsurance which provided coverage for all or a substantial part of the risk <br /> insured. <br /> I. NONRENEWAL <br /> j <br /> j 10 <br /> HCPL-2026(Ed. 11/09) <br />