Orange County NC Website
Browse       Search
Page 23 of 27 <br />PIC-EVCP-002 (07/22) <br />5.In the event similar insurance is in force covering any claims first made during the <br />automatic extended reporting period, there is no coverage under this policy. <br />6.In the event similar insurance is in force covering any claims first made during the <br />supplemental extended reporting period, coverage provided by this policy shall be <br />excess over any such other insurance, including any applicable deductible or self- <br />insured retention amounts of such other insurance. For purposes of this provision, <br />other insurance includes all types of self-insurance, indemnification or other funding <br />arrangement or program that is available to compensate an insured for liability. <br />7.Any extended reporting period does not extend the policy period. Any claim first <br />made against you during an extended reporting period will be deemed to have been <br />first made during the last day of the policy period. <br />X. GENERAL CONDITIONS <br />A. Subrogation <br />If we pay any amount under this policy, we shall be subrogated to the insured’s rights of <br />recovery against any individual, firm or organization. The insured shall execute and deliver <br />instruments and papers and do whatever is necessary to secure such rights. The insured <br />shall not waive or prejudice such rights subsequent to when a claim is first made or when <br />the insured discovers contamination. <br />Any recovery as a result of a subrogation proceeding arising out of payment of a <br />professional loss, loss or remediation expense covered under this insurance shall <br />accrue first to you to the extent of any payments in excess of the Limits of Insurance; then <br />to us to the extent of our payment under the policy; and then to you to the extent of your <br />self-insured retention. Expenses incurred in such subrogation proceedings will be <br />apportioned among the interested parties in the recovery, in the proportion that each <br />interested party’s share in the recovery bears to the total recovery. <br />Notwithstanding the foregoing, we hereby waive our right of subrogation against your client <br />and any entity where required by written contract provided that such contract is fully <br />executed prior to the first commencement of contamination or prior to the rendering or <br />failure to render your professional services, as applicable to which this insurance applies. <br />Such waiver of subrogation within any written contract does not expand, enhance or <br />otherwise increase the terms and conditions of this policy accordingly <br />B. Changes <br />Notwithstanding anything to the contrary, no provision of this policy may be amended, <br />waived or otherwise changed except by endorsement issued by us to form part of this policy. <br />C. Action Against Us <br />No person or organization has a right under this insurance: <br />1.To join us as a party or otherwise bring us into a claim; or <br />2.To sue us under this insurance unless all of its terms have been fully complied with. <br />A person or organization may sue us to recover on a fully executed settlement agreement <br />or on a final judgment against the insured obtained after an actual trial; but we will not be <br />liable for loss, professional loss, remediation expense, emergency expense, or <br />Brown Brothers Plumbing & Heating Co., Inc. Pollution Policy #PPK2690425-000 <br />Docusign Envelope ID: 3CC33832-C157-4833-A3CC-68DABF46CA95