Orange County NC Website
Browse       Search
DocuSign Envelope ID: D9F8096F-FD8F-4DEF-97BC-32AEDC172lF9 <br /> We will have the right and duty to defend the insured against any suit seeking those damages. However, <br /> we will have no duty to defend the insured against any suit seeking damages for bodily injury or property <br /> damage to which this insurance does not apply or when this insurance is excess. We may, at our discretion, <br /> investigate any occurrence and settle any claim or suit that may result. But, the amount we will pay for <br /> damages is limited as described in SECTION IV-LIMITS OF INSURANCE. Our right and duty to defend <br /> end when we have used up the applicable limit of insurance in the payment of judgments or settlements <br /> under Coverage A. <br /> (b) Our obligation to pay damages on behalf of any insured applies only to the amount of damages in excess of <br /> any deductible amounts stated in this policy.The terms of this insurance apply irrespective of the application <br /> of the deductible amount. We may pay any part or the entire deductible amount to effect settlement of any <br /> claim or suit and, upon notification that we have made any such payment, the first Named Insured shall <br /> promptly reimburse us for any deductible amount we paid. <br /> (c) No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided <br /> for in SUPPLEMENTARY PAYMENTS below. <br /> 2. Exclusions. <br /> In addition to the exclusions contained in SECTION II — GENERAL POLICY EXCLUSIONS, the following <br /> exclusions apply to Coverage A. <br /> This insurance does not apply to: <br /> (a) EXPECTED OR INTENDED INJURY <br /> Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion <br /> (a) does not apply to bodily injury or property damage resulting from the use of reasonable force to <br /> protect persons or property. <br /> (b) CONTRACTUAL LIABILITY <br /> Bodily injury or property damage for which the insured is obligated to pay damages by reason of the <br /> assumption of liability in a contract or agreement. This exclusion(b)does not apply to liability for <br /> damages: <br /> (1) That the insured would have in the absence of the contract or agreement; or <br /> (2) Assumed in a contract or agreement that is an insured contract,provided the bodily injury or property <br /> damage occurs subsequent to the execution of the contract or agreement. <br /> (c) WORKERS COMPENSATION AND SIMILAR LAWS <br /> Any obligation for which the insured or any carrier as the insured's insurer may be held liable under any <br /> workers' compensation,unemployment compensation or disability benefits law, or under any similar law. <br /> (d) EMPLOYER'S LIABILITY <br /> Bodily injury to: <br /> (1) An employee of the insured arising out of and in the course of employment by the insured; or <br /> (2) The spouse, child, parent, brother or sister of that employee as a consequence of Paragraph (d) (1) <br /> above. <br /> This exclusion(d)applies: <br /> (A) Whether the insured may be liable as an employer or in any other capacity; and <br /> (B) To any obligation to share damages with or repay someone else who must pay damages <br /> because of the injury. <br /> This exclusion (d) does not apply to liability for damages assumed in a contract or agreement that is an <br /> insured contract,provided the bodily injury or property damage occurs subsequent to the execution of the <br /> contract or agreement. <br /> UAS (June 15,2018) Page 2 of 20 <br /> Includes copyrighted material of Insurance Services Office,Inc.,with its permission. <br />