2010-215 - Laserfiche WebLink

Home Browse Search

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