Orange County NC Website
Browse       Search
<br />EPS++ <br />tech + pro + media + security + privacy <br /> <br />GSL2302XX (Ed 6/11) <br />Page 3 <br />Copyright © 2011 CNA. All Rights Reserved. <br />Regulation Investigation or Extortion Demand in accordance with Section VI. CONDITIONS, <br />paragraph B. NOTICE OF CLAIM OR CIRCUMSTANCE/PRE-CLAIMS ASSISTANCE/DATE OF CLAIM , <br />and such amounts are consented to in writing by the Insurer, such consent not to be unreasonably <br />withheld. <br />E. VICARIOUS LIABILITY <br />1. Third Party Vicarious Liability Coverage <br />Any entity or natural person the Insured Entity is required by written contract to include as an insured for <br />liability of such entity or natural person for an Insured’s Wrongful Acts shall be insured under this Policy but <br />solely to the extent that a Claim is made against such entity or natural person for a Wrongful Act of an <br />Insured, and only so long as the written contract is entered into before such Claim occurs, provided: <br />a. there shall be no coverage afforded to such entity or natural person for its Wrongful Acts; and, <br />b. nothing herein shall serve to confer any rights or duties to such person or entity under this Policy, other <br />than as provided in this paragraph. <br />2. Assumed Liability of Insured <br />The Insured Entity is insured for liability it assumes in a written contract or agreement under which it <br />assumes the tort liability (liability that would be imposed by law in the absence of any contract or agreement) <br />of another party incurred by such third party as a result of an Insured’s Wrongful Act provided the Wrongful <br />Act gives rise to a Claim and occurs subsequent to the execution of such contract or agreement. Solely for <br />the purposes of liability assumed by the Insured Entity in such contract or agreement reasonable attorney <br />fees and necessary litigation expenses incurred by or for a party other than an Insured are deemed to be <br />Damages provided: <br />a. liability to such party for, or for the cost of, that party's defense has also been assumed in such contract or <br />agreement; and, <br />b. such attorney fees and litigation expenses are for defense of that party against a civil or alternative <br />dispute resolution proceeding in which Damages to which this insurance applies are alleged. <br />Any coverage afforded by this paragraph is subject always to all of the Policy’s terms, conditions and exclusions. <br />II. DEFINITIONS <br />The following defined words shall have the same meaning throughout this Policy, whether expressed in the singular or <br />the plural. <br />Application means all signed applications, any attachments to such applications, other materials submitted therewith <br />or incorporated therein, and any other documents submitted in connection with the underwriting of this Policy by the <br />Insurer, or any other policy underwritten by the Insurer or its affiliates of which this Policy is a direct or indirect renewal <br />or replacement. <br />Assumed Under Contract means liability of others, for Matter furnished by the Insured, that the Insured agrees to <br />assume under a hold harmless or indemnity agreement but only to the extent such liability arises out of any Wrongful <br />Act. <br />DocuSign Envelope ID: 57A293A7-E790-41D7-BF18-E42777ABBC47