Orange County NC Website
DocuSign Envelope ID:B4147DBA-A745-4301-8830-4D6AA065FFFF <br /> Zurich Policy#AUC2791382-22(Policy Term 4/1/2019-4/1/2020) <br /> 2. Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or <br /> from computer software, including systems and applications software, hard or floppy disks, Ca-RAMS, tapes, <br /> drives, cells, data processing devices or any other media which are used with electronically controlled <br /> equipment. <br /> 3. Loss means those sums actually paid that the insured is legally obligated to pay as damages for the settlement <br /> or satisfaction of a claim because of injury or offense, after making proper deductions for all recoveries and <br /> salvage. However: <br /> a. Under Coverage A: <br /> (1) Loss also includes defense expenses and supplementary payments if underlying insurance includes <br /> defense expenses and supplementary payments in the Limits of Insurance; and <br /> (2) Loss does not include defense expenses and supplementary payments if underlying insurance does <br /> not include defense expenses and supplementary payments in the Limits of Insurance. <br /> b. Under Coverage B., loss does not include defense expenses and supplementary payments. <br /> 4. Other insurance means a policy of insurance providing coverage that this policy also provides. Other <br /> insurance includes any type of self-insurance or other mechanisms by which an insured arranges for funding <br /> of legal liabilities. <br /> Other insurance does not include underlying insurance or a policy of insurance specifically purchased to be <br /> excess of this policy providing coverage that this policy also provides. <br /> 5. Pollutants mean any man-made or naturally occurring solid, liquid, gaseous or thermal irritant or contaminant, <br /> including but not limited to: smoke; vapor; soot; fumes; acids; alkalis; chemicals and waste. Waste includes <br /> materials to be recycled, reconditioned or reclaimed. <br /> 6. Suit means a civil proceeding in which injuries or damages to which this insurance applies are alleged. Suit <br /> includes: <br /> a. An arbitration proceeding in which such damages are claimed and to which the insured must submit <br /> pursuant to law or contract or does submit with our consent; or <br /> b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the <br /> insured submits with our consent. <br /> 7. Underlying insurance means the policy or policies of insurance listed in the Schedule of Underlying Insurance <br /> forming a part of this policy. We will only be liable for amounts in excess of the Limits of Insurance shown in the <br /> Schedule of Underlying Insurance for any underlying insurance. <br /> B. The following definitions are applicable to Coverage A only: <br /> 1. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. <br /> 2. Insured means: <br /> a. You; <br /> b. Any person or organization included as an insured in underlying insurance; and <br /> c. Any person or organization qualifying as an additional insured in underlying insurance but only to the <br /> same extent that such person or organization is an additional insured under such underlying insurance. <br /> 3. Non-Admitted Jurisdiction means: <br /> a. Any country or political subdivision in which we are not licensed or permitted to insure risks and where <br /> doing so would violate the insurance laws and regulations of such jurisdiction; or <br /> b. Any country or political subdivision where we are prevented by law from investigating,defending or settling <br /> an occurrence or suit. <br /> 4. Occurrence means a covered event as defined in underlying insurance. <br /> 5. Qualified Entity means any entity, person or organization that is not an insured under this policy and would <br /> qualify as an insured under this policy, but for the fact that the entity is registered, domiciled or has ongoing <br /> operations in a non-admitted jurisdiction. <br /> U-UMB-103-C CW(03/10) <br /> Page 10 of 19 <br />