2013-208 - Laserfiche WebLink

Home Browse Search

CONDITIONS - CONTINUED other act that in its opinion may be necessary or desirable to or tender payment of the Amount of Insurance under this policy establish the Title, as insured, or to prevent or reduce loss or together with any costs, attorneys ' fees, and expenses incurred damage to the Insured. The Company may take any appropri- by the Insured Claimant that were authorized by the Company ate action under the terms of this policy, whether or not it shall up to the time of payment or tender of payment and that the be liable to the Insured . The exercise of these rights shall not Company is obligated to pay. be an admission of liability or waiver of any provision of this Upon the exercise by the Company of this option, all liability policy. Ifthe Company exercises its rights underthis subsection, it must do so diligently. and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, (c) Whenever the Company brings an action or asserts a defense shall terminate, including any liability or obligation to defend, as required or permitted by this policy, the Company may prosecute, or continue any litigation , pursue the litigation to a final determination by a court of (b) To Pay or Otherwise Settle With Parties Other Than the Insured competent jurisdiction, and it expressly reserves the right, or With the Insured Claimant. in its sole discretion, to appeal any adverse judgment or order. ( i ) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under 6. DUTY OF INSURED CLAIMANT TO COOPERATE this policy. In addition, the Company will pay any costs , (a) In all cases where this policy permits or requires the Company attorneys ' fees, and expenses incurred by the Insured Claim- to prosecute or provide for the defense of any action or proceed- ant that were authorized by the Company up to the time ing and any appeals , the Insured shall secure to the Company of payment and that the Company is obligated to pay ; or the right to so prosecute or provide defense in the action or (ii ) to pay or otherwise settle with the Insured Claimant the loss proceeding, including the right to use, at its option, the name or damage provided for under this policy, together with any of the Insured for this purpose . Whenever requested by the costs, attorneys ' fees, and expenses incurred by the Insured Company, the Insured , at the Company 's expense, shall give the Claimant that were authorized by the Company up to the Company all reasonable aid ( i ) in securing evidence, obtaining time of payment and that the Company is obligated to pay. witnesses , prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in Upon the exercise by the Company of either of the options provided the opinion of the Company may be necessary or desirable to for in subsections (b )( i) or ( ii), the Company 's obligations to the establish the Title or any other matter as insured. If the Company Insured under this policy for the claimed loss or damage, other than is prejudiced by the failure of the Insured to furnish the required the payments required to be made, shall terminate, including any li - cooperation , the Company ' s obligations to the Insured under ability or obligation to defend, prosecute, or continue any litigation . the policy shall terminate, including any liability or obligation g, DETERMINATION AND EXTENT OF LIABILITY to defend, prosecute, or continue any litigation, with regard to This policy is a contract of indemnity against actual monetary loss the matter or matters requiring such cooperation. ( or damage sustained or incurred by the Insured Claimant who has b) The Company may reasonably require the Insured Claimant to suffered loss or damage by reason of matters insured against by submit to examination under oath by any authorized representa. this policy. tive of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be (a) The extent of liability of the Company for loss or damage under designated by the authorized representative of the Company, this policy shall not exceed the lesser of all records , in whatever medium maintained, including books , (i) the Amount of Insurance; or ledgers , checks, memoranda, correspondence, reports, e-mails, (ii ) the difference between the value of the Title as insured and disks, tapes, and videos whether bearing a date before or after the value of the Title subject to the risk insured against by Date of Policy, that reasonably pertain to the loss or damage . this policy. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in (b) If the Company pursues its rights under Section 5 of these Con- writing, for any authorized representative of the Company to ditions and is unsuccessful in establishing the Title, as insured , examine, inspect, and copy all of these records in the custody or (i ) the Amount of Insurance shall be increased by 10%, and control of a third party that reasonably pertain to the loss or dam- the Insured Claimant shall have the right to have the loss age . All information designated as confidential by the Insured (ii ) or damage determined either as of the date the claim was Claimant provided to the Company pursuant to this Section shall made by the Insured Claimant or as of the date it is settled not be disclosed to others unless, in the reasonable judgment of and paid . the Company, it is necessary in the administration of the claim . Failure of the Insured Claimant to submit for examination under (c ) In addition to the extent of liability under (a) and (b), the Com- oath, produce any reasonably requested information, or grant pany will also pay those costs, attorneys ' fees, and expenses in- pennission to secure reasonably necessary information from cuffed in accordance with Sections 5 and 7 of these Conditions . third parties as required in this subsection, unless prohibited 9 . LIMITATION OF LIABILITY by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim . ( a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of ac. 7. OPTIONS TO PAY OR OTHERWISE SETTLE cess to or from the Land, or cures the claim of Unmarketable CLAIMS ; TERMINATION OF LIABILITY Title, all as insured, in a reasonably diligent manner by any In case of a claim under this policy, the Company shall have the method, including litigation and the completion of any appeals, following additional options : it shall have fully performed its obligations with respect to that (a) To Pay or Tender Payment of the Amount of Insurance . To pay matter and shall not be liable for any loss or damage caused to the Insured . OP-25 ALTA Owners Policy of Title Insurance 6- 17-06 (with FLORIDA Modifications) (WLTIC Edition 1 /26/ 11 ) Page 4