2021-347-County Mgr-E-Voices Together-FY20-21 Outside agency funding

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ANI RRG E32 01 17 Page 7 of 10 3. Legal Action Against Us No person or organization has a right under this Coverage Form: a. To join us as a party or otherwise bring us into a “suit” asking for “damages” from an insured; or b. To sue us on this Coverage Form unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for “damages” that are not payable under the terms of this Coverage Form or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant’s legal representative. 4. Other Insurance If other valid and collectible insurance is available to an insured for a loss we cover under this Coverage Form, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance (1) This insurance is excess over any other insurance, whether primary, excess, contingent or on any other basis: (a) That covers you or an insured as an additional insured, or to which an insured has tendered a defense, which tender has been accepted; (b) That incepted prior to the inception date of this coverage form and to which you or an insured have tendered a defense, which tender has been accepted (c) That incepted subsequent to the inception date of this policy and to which you or an insured have tendered a defense, which defense has been accepted. (2) When this insurance is excess, we will have no duty to defend an insured against any “suit” if any other insurer has a duty to defend that insured against the “suit.” If no other insurer defends, we will undertake to do so, but we will be entitled to that insured’s rights against any other insurer or insurers. (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount of all such other insurance that would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self-insured amounts under all that other insurance. (4) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not obtained specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Form. c. Method Of Sharing (1) If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach we and each other insurer will contribute equally until each has paid its applicable limit of insurance or none of the loss remains, whichever comes first. (2) If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, we and each insurer’s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Form to the Named Insured, this Coverage Form applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or “suit” is brought. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; DocuSign Envelope ID: 81A61471-345A-47F9-8A2D-36F7929A6637