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<br />ANI-RRG-ISCET 05 20 Page 6 of 9 <br /> <br />under the terms of this policy or that are in excess of the applicable limit of insurance. <br /> <br />An agreed settlement means a settlement and release of liability signed by us, an insured and the <br />claimant or the claimant's legal representative. <br /> <br />4. Other Insurance. <br /> <br />a. Primary Insurance. This insurance is primary except when b. below applies. If this insurance is <br />primary, our obligations are not affected unless any of the other insurance is also primary. <br />Then, we will share with all that other insurance by the method described in c. below. <br /> <br />b. This insurance is excess over: <br /> <br />(1) Any other applicable insurance, whether primary, excess, contingent or on any other basis, <br />that is written on a claims-made basis; or <br /> <br />(2) Any other primary insurance available to any insured covering “damages” arising from <br />“improper sexual conduct” or “physical abuse” for which that insured has been added as <br />an additional insured by an endorsement to that other primary insurance. <br /> <br />When this insurance is excess, we will have no duty under this coverage to defend any “claim”, "claims" <br />or "suit" that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do <br />so, but we will be entitled to the insured's rights against that other insurer or insurers. When this <br />insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, <br />that exceeds the sum of: <br /> <br />(1) The total amount that all such other insurance would pay for the loss in the absence of this <br />insurance; and <br /> <br />(2) The total of all deductible and self-insured amounts under all that other insurance. <br /> <br />We will share the remaining loss, if any, with any other insurance that is not described in this excess <br />insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown <br />in the Declarations of this Coverage. <br /> <br />c. Method of Sharing. <br /> <br />If all of the other insurance permits contribution by equal shares, we will follow this method also. Under <br />this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or <br />none of the loss remains, whichever comes first. <br /> <br />If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. <br />Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the <br />total applicable limits of insurance of all insurers. <br /> <br />d. No coverage shall be afforded by this policy if coverage for the “claim”, “claims” or “suit” is <br />afforded under any other policy issued by us. <br /> <br />5. Premium Audit. <br /> <br />a. We will compute all premiums for this policy in accordance with our rules and rates. <br /> <br />b. The premium shown in this policy as advance premium is a deposit premium only. At the close <br />of each audit period we will compute the earned premium for that period. Audit premiums are <br />due and payable on notice to you. If the sum of the advance and audit premiums paid for the <br />policy term is greater than the earned premium, we will return the excess you. <br /> <br />DocuSign Envelope ID: 81A61471-345A-47F9-8A2D-36F7929A6637