(a) undertake in the name of the INSURED defence control or settlement of any claim and for its own
benefit take proceedings in the INSUREDS name to mitigate the loss
(b) pay to the INSURED in settlement of its liability for all claims arising out of any one occurrence or
series of occurrences attributable to one original cause either
(i)
the Limit of Liability of the appropriate Section or
(ii)
such lesser amount for which the claim or claims may be settled
The COMPANY will only provide indemnity for costs fees or expenses incurred up to the date of such
payment less any amounts already paid
5
CLAIMS - INSUREDS ACTION
Whenever anything occurs which might give rise to liability under this Policy the INSURED will
(a) immediately notify the COMPANY and provide such written information or details as may be required
(b) send to the COMPANY immediately on receipt and unacknowledged every letter claim writ summons or
process relating to a claim
6
CLAIMS - CO-OPERATION
The INSURED will provide all help assistance and co-operation required by the COMPANY in connection
with any claim
7
PAYMENT OF PREMIUM
The Premium will be paid prior to the EVENT otherwise all benefit under this Policy will be forfeited and the
Policy will be considered as never having been in force
8
NON CONTRIBUTION
This Policy does not cover any liability for which indemnity is recoverable under any other policy except for
an amount in excess of that recoverable thereunder
9
MISDESCRIPTION
The Policy will be voidable in the event of nondisclosure of any material information or fact or
misrepresentation or misdescription
10
CANCELLATION
The COMPANY may cancel this Policy at any time by giving fourteen days notice by recorded delivery letter
to the INSUREDS last known address and in such event the COMPANY will return the whole of the
premium paid
11
LAW GOVERNING THE POLICY
Where the INSURED is an individual the INSURED has the right to choose the law which shall apply to the
contract however English Law shall apply unless otherwise agreed in writing by the COMPANY
Unless otherwise agreed in writing any dispute or difference concerning liability under or interpretation of this
Policy will be governed by and construed in accordance with English Law and the INSURED will submit
such dispute or difference to the exclusive jurisdiction of the English Courts
12
CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
(a) This Policy is a contract solely between the COMPANY (which term in this Condition shall include
Underwriter or Insurer) and the INSURED or INSUREDs specifically named in the Policy Schedule It is not
intended to confer any contractual rights on any other person (which term in this Condition shall include the
plural bodies corporate and unincorporated associations) unless the COMPANY has agreed thereto in writing
The COMPANY may at its discretion and on such terms as it shall specify grant to the INSURED in writing
the power to designate a person who shall then be entitled to such contractual rights under the Policy as may
be specified and subject to the due observance of the terms and conditions of the Policy and of this Condition
(b) Where the COMPANY has granted rights to a person other than the INSURED named in the Policy
Schedule or where the COMPANY has granted to the INSURED named in the Schedule the power to
designate any other person as being entitled to contractual rights under this Policy such contractual rights shall
be subject to the following additional conditions each of which shall be a condition precedent to the liability of
the COMPANY to grant any indemnity or make any payment to that person under this Policy
(i)
At the time when such contractual rights were granted to such person the Policy shall have
been in full force and no circumstances shall have occurred which whether known or unknown to the
COMPANY would entitle the COMPANY to rescind cancel or avoid the Policy