Orange County NC Website
<br />ANI RRG E32 01 17 Page 8 of 10 <br /> <br />b. Those statements are based upon representations you made to us; and <br />c. We have issued this policy in reliance upon your representations. <br /> <br />7. Transfer Of Rights Of Recovery Against Others To Us <br />If the insured has rights to recover all or part of any payment we have made under this Coverage Form, <br />those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, <br />the insured will bring “suit” or transfer those rights to us and help us enforce them. <br /> <br />8. Anti-Stacking <br />If two or more coverage parts, forms or policies written by us apply to a claim, loss and/or “suit,” the policy <br />with the greatest limit of liability shall be the sole and only policy written by us applicable to the claim, loss <br />and/or “suit.” <br /> <br />SECTION VI – ARBITRATION <br /> <br />Notwithstanding any other term set forth herein, the parties hereby agree that any dispute which arises under this <br />Coverage Form, including whether the Coverage Form provides coverage or claims handling issues, shall be <br />resolved through binding arbitration. All parties acknowledge that by agreeing to binding arbitration, they are <br />waiving their right to a jury trial. Binding arbitration shall take place in the venue of the domicile of the Named <br />Insured unless otherwise agreed and shall be conducted by a single neutral arbitrator selected by the American <br />Arbitration Association and pursuant to its rules. The arbitrator shall apply the law of the state or District where <br />this Coverage is issued. The costs of the arbitration shall be shared equally by the participants. <br /> <br />SECTION VII – DEFINITIONS <br /> <br />The following definitions are applicable to the insurance provided by this policy. <br /> <br />1. “Auto” means: <br />a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached <br />machinery or equipment; or <br />b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle <br />insurance law where it is licensed or principally garaged. <br />However, “auto” does not include “mobile equipment.” <br /> <br />2. “Coverage territory” means: <br />a. The United States of America (including its territories and possessions), Puerto Rico and Canada; <br />b. International waters or airspace, but only if the injury or damage occurs in the course of travel or <br />transportation between any places included in Paragraph a. above; or <br />c. All other parts of the world if the injury or damage arises out of: <br />(1) Goods or products made or sold by you in the territory described in Paragraph a. above; <br />(2) The activities of a person whose home is in the territory described in Paragraph a. above, but is away <br />for a short time on your business; or <br />(3) An act, error or omission that takes place through the Internet or similar electronic means of <br />communication; <br />provided the insured's responsibility to pay damages is determined in a “suit” on the merits, in the location <br />described in Paragraph a. above or in a settlement we agree to. <br /> <br />3. “Damage(s)” means: <br />a monetary judgment, award or settlement, except those for which insurance is prohibited by applicable law. <br />“Damages” does not include fines, penalties, disputes over fees, deposits, commissions or charges for goods or <br />services, injunctive relief, restitution, statutory damages or punitive, exemplary or multiplied amounts. “Damages” <br />includes reasonable attorneys’ fees and litigation expenses expended on behalf of contractual indemnitees as <br />specified in SECTION II – SUPPLEMENTARY PAYMENTS, paragraph 2. <br />DocuSign Envelope ID: 81A61471-345A-47F9-8A2D-36F7929A6637