Orange County NC Website
Form HG 00 01 09 16 Page 11 of 22 <br />(b)Immediately send us copies of any demands, notices, summonses or legal papers received in connection <br />with the "suit"; <br />(c)Notify any other insurer whose coverage is available to the indemnitee; and <br />(d)Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; <br />and <br />(2)Provides us with written authorization to: <br />(a)Obtain records and other information related to the "suit"; and <br />(b)Conduct and control the defense of the indemnitee in such "suit". <br />So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary <br />litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be <br />paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2)of Section I - Coverage A - <br />Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and <br />"property damage" and will not reduce the limits of insurance. <br />Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as <br />Supplementary Payments ends when: <br />a.We have used up the applicable limit of insurance in the payment of judgments or settlements; or <br />b.The conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. <br />SECTION II - WHO IS AN INSURED <br />1.If you are designated in the Declarations as: <br />a.An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you <br />are the sole owner. <br />b.A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also <br />insureds, but only with respect to the conduct of your business. <br />c.A limited liability company, you are an insured. Your members are also insureds, but only with respect to the <br />conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. <br />d.An organization other than a partnership, joint venture or limited liability company, you are an insured. Your <br />"executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. <br />Your stockholders are also insureds, but only with respect to their liability as stockholders. <br />e.A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. <br />2.Each of the following is also an insured: <br />a. Employees And Volunteer Workers <br />Your "volunteer workers" only while performing duties related to the conduct of your business, or your <br />"employees", other than either your "executive officers" (if you are an organization other than a partnership, joint <br />venture or limited liability company) or your managers (if you are a limited liability company), but only for acts <br />within the scope of their employment by you or while performing duties related to the conduct of your business. <br />However, none of these "employees" or "volunteer workers" are insureds for: <br />(1)"Bodily injury" or "personal and advertising injury": <br />(a)To you, to your partners or members (if you are a partnership or joint venture), to your members (if you <br />are a limited liability company), to a co-"employee" while in the course of his or her employment or <br />performing duties related to the conduct of your business, or to your other "volunteer workers" while <br />performing duties related to the conduct of your business; <br />(b)To the spouse, child, parent, brother or sister of that co-"employee" or that "volunteer worker" as a <br />consequence of Paragraph (1)(a) above; <br />(c)For which there is any obligation to share damages with or repay someone else who must pay damages <br />because of the injury described in Paragraphs (1)(a) or (1)(b) above; or <br />(d)Arising out of his or her providing or failing to provide professional health care services. <br />If you are not in the business of providing professional health care services: <br />(a)Subparagraphs (1)(a),(1)(b)and (1)(c)above do not apply to any "employee" or "volunteer worker" <br />providing first aid services; and <br />(b)Subparagraph (1)(d)above does not apply to any nurse, emergency medical technician or paramedic <br />employed by you to provide such services. <br />(2)"Property damage" to property: <br />(a)Owned, occupied or used by, <br />Docusign Envelope ID: C0C02768-82C9-473A-904B-51774C892C63