Laserfiche WebLink
not be liable for and will not pay the fees of any other counsel . The and memoranda in the custody or control of a third party , <br /> which <br /> Company will not pay any fees , costs or expenses incurred by the reasonably pertain to the loss or damage . All information designated <br /> insured in the defense of those causes of action which allege matters as confidential by the insured claimant provided to the Company <br /> not insured against by this policy. pursuant to this Section shall not be disclosed to others unless , in <br /> ( b ) The Company shall have the right, at its own cost, to the reasonable judgment of the Company, it is necessary in the <br /> institute and prosecute any action or proceeding or to do any other administration of the claim . Failure of the insured claimant to <br />submit <br /> act which in its opinion may be necessary or desirable to establish for examination under oath , produce other reasonably requested <br /> the title to the estate or interest , as insured , or to prevent or reduce information or grant permission to secure reasonably necessary <br /> loss or damage to the insured . The Company may take any information from third parties as required in this paragraph shall <br /> appropriate action under the terms of this policy, whether or not it terminate any liability of the Company under this policy as to that <br /> shall be liable hereunder, and shall not thereby concede liability or claim . <br /> waive any provision of this policy. If the Company shall exercise its 6. Options to Pay or Otherwise Settle Claims; Termination of <br /> rights under this paragraph , it shall do so diligently. <br /> Liability. <br /> ( c ) Whenever the Company shall have brought an action or In case of a claim under this policy, the Company shall have <br />the <br /> interposed a defense as required or permitted by the provisions of <br /> this policy , the Company may pursue any litigation to final following additional options : <br /> determination by a court of competent jurisdiction and expressly la ) To Pay or Tender Payment of the Amount of Insurance . <br /> reserves the right, in its sole discretion , to appeal from any adverse To pay or tender payment of the amount of insurance under <br /> this <br /> J he order. policy, together with any costs , attorneys ' fees and expenses incurred <br /> by the insured claimant, which were authorized by the Company, up to <br /> ( e In all cases where this policy permits or requires the <br /> Cthe time of payment or tender of payment and which the Company is <br /> Company to prosecute or provide for the defense of any action or <br /> proceeding , the insured shall secure to the Company the right to so obligated to pay. <br /> prosecute or provide defense in the action or proceeding , and all Upon the exercise by the Company of this option , all liability <br /> and <br /> obligations to the insured under this policy, other than to make the <br /> appeals therein , and permit the Company to use , at its option , the <br /> payment required , shall terminate , including any liability or obligation <br /> name of the insured for this purpose . Whenever requested by the <br /> to defend , prosecute , or continue any litigation , and the policy shall be <br /> Company, the insured , at the Company' s expense , shall give the <br /> surrendered to the Company for cancellation . <br /> Company all reasonable aid ( i ) in any action or proceeding , securing <br /> evidence , obtaining witnesses , prosecuting or defending the action or ibl To Pay or Otherwise Settle With Parties Other Than the <br /> Insured or With the Insured Claimant. <br /> proceeding , or effecting settlement, and ( ii ) in any other lawful act ( i ) to pay or otherwise settle with other parties for <br /> or in <br /> which in the opinion of the Company may be necessary or desirable <br /> to establish the title to the estate or interest as insured . If the the name of an insured claimant any claim insured against <br />under this <br /> Company is prejudiced the failure of the insured to furnish the policy , together with any costs , attorneys ' fees and expenses incurred <br /> ' by the insured claimant which were authorized by the Company up to <br /> required cooperation , the Companys obligations to the insured under <br /> the time of payment and which the Company is obligated to pay; or <br /> the policy shall terminate , including any liability or obligation to <br /> defend , prosecute , or continue any litigation , with regard to the ( ii ) to pay or otherwise settle with the insured claimant <br /> matter or matters requiring such cooperation . the loss or damage provided for under this policy , together with any <br /> costs , attorneys ' fees and expenses incurred by the insured claimant <br /> 5. Proof of Loss or Damage. which were authorized by the Company up to the time of payment <br /> In addition to and after the notices required under Section 3 of and which the Company is obligated to pay . <br /> these Conditions and Stipulations have been provided the Company, a Upon the exercise by the Company of either of the options <br /> proof of loss or damage signed and sworn to by the insured claimant provided for in paragraphs ( b )( i ) or ( ii ) , the Company' <br />s obligations to <br /> shall be furnished to the Company within 90 days after the insured the insured under this policy for the claimed loss or damage <br />, other <br /> claimant shall ascertain the facts giving rise to the loss or damage . than the payments required to be made , shall terminate , <br />including any <br /> The proof of loss or damage shall describe the defect in , or lien or liability or obligation to defend , prosecute , or continue <br /> any litigation . <br /> encumbrance on the title , or other matter insured against by this 7 Determination, Extent of Liability and Coinsurance. <br /> policy which constitutes the basis of loss or damage and shall state , This policy is a contract of indemnity against actual monetary <br /> to the extent possible , the basis of calculating the amount of the loss loss or damage sustained or incurred by the insured claimant <br /> who <br /> or damage . If the Company is prejudiced by the failure of the insured has suffered loss or damage by reason of matters insured <br /> against by <br /> claimant to provide the required proof of loss or damage , the this policy and only to the extent herein described . <br /> Company' s obligations to the insured under the policy shall terminate , ( a ) The liability of the Company under this policy shall <br /> not <br /> including any liability or obligation to defend , prosecute , or continue exceed the least of : <br /> any litigation , with regard to the matter or matters requiring such ( i ) the Amount of Insurance stated in Schedule A; <br />or, <br /> proof of loss or damage . <br /> In addition , the insured claimant may reasonably be required to ( ii ) the difference between the value of the insured estate <br /> sor interest as insured and the value of the insured estate or interest <br /> submit to examination under oath by any authorized representative of <br /> the Company and shall produce for examination , inspection and subject to the defect, lien or encumbrance insured against by this <br /> copying , at such reasonable times and places as may be designated policy . <br /> pV 9 ' ( b ) The Company will pay only those costs , attorneys ' fees and <br /> by any authorized representative of the Company, all records , books , <br /> expenses incurred in accordance with Section 4 of these Conditions and <br /> ledgers , checks , correspondence and memoranda , whether bearing a <br /> date before or after Date of Policy , which reasonably pertain to the Stipulations . <br /> loss or damage . Further, if requested by any authorized representative 8. Apportionment. <br /> of the Company, the insured claimant shall grant its permission , in If the land described in Schedule A consists of two or more <br /> wparcels which are not used as a single site , and a loss is established <br /> writing , for any authorized representative of the Company to examine , <br /> inspect and copy all records , books , ledgers , checks , correspondence affecting one or more of the parcels but not all , the <br />loss shall be <br />