2010-114 - Laserfiche WebLink

Home Browse Search

(c) Whenever the Company shall have brought an action or interposed (i) to pay or otherwise settle with other parties for or in the a defense as required or permitted by the provisions of this policy, the name of an insured claimant any claim insured against under this policy, Company may pursue any litigation to final determination by a court of together with any costs, attorneys' fees and expenses incurred by the competent jurisdiction and expressly reserves the right, in its sole discretion , insured claimant which were authorized by the Company up to the time of to appeal from any adverse judgment or order. payment and which the Company is obligated to pay; or (d) In all cases where this policy permits or requires the Company to (ii ) to pay or otherwise settle with the insured claimant the loss prosecute or provide for the defense of any action or proceeding, the insured or damage provided for under this policy, together with any costs, shall secure to the Company the right to so prosecute or provide defense in attorneys' fees and expenses incurred by the insured claimant which were the action or proceeding, and all appeals therein , and permit the Company to authorized by the Company up to the time of payment and which the use, at its option , the name of the insured for this purpose. Whenever Company is obligated to pay. requested by the Company, the insured, at the Company's expense, shall Upon the exercise by the Company of either of the options provided for in give the Company all reasonable aid (i ) in any action or proceeding, paragraphs (b)(i ) or (ii ), the Company's obligations to the insured under securing evidence, obtaining witnesses, prosecuting or defending the action this policy for the claimed loss or damage, other than the payments or proceeding, or effecting settlement, and ( ii ) in any other lawful act which required to be made, shall terminate, including any liability or obligation in the opinion of the Company may be necessary or desirable to establish the to defend , prosecute or continue any litigation . title to the estate or interest as insured . If the Company is prejudiced by the 7 . Determination, Extent of Liability and Coinsurance failure of the insured to furnish the required cooperation , the Company's This policy is a contract of indemnity against actual monetary loss or obligations to the insured under the policy shall terminate, including any damage sustained or incurred by the insured claimant who has suffered liability or obligation to defend , prosecute, or continue any litigation , with loss or damage by reason of matters insured against by this policy and regard to the matter or matters requiring such cooperation . only to the extent herein described . 5 . Proof of Loss or Damage (a) The liability of the Company under this policy shall not exceed In addition to and after the notices required under Section 3 of these the least of: Conditions and Stipulations have been provided the Company, a proof of (i) the Amount of Insurance stated in Schedule A ; or, loss or damage signed and sworn to by the insured claimant shall be (ii ) the difference between the value of the insured estate or furnished to the Company within 90 days after the insured claimant shall interest as insured and the value of the insured estate or interest subject to ascertain the facts giving rise to the loss or damage . The proof of loss or the defect, lien or encumbrance insured against by this policy. damage shall describe the defect in , or lien or encumbrance on the title, or (h) (This paragraph dealing with Coinsurance was removed from other matter insured against by this policy which constitutes the basis of loss Florida policies.) or damage and shall state, to the extent possible, the basis of calculating the (c) The Company will pay only those costs , attorneys' fees and amount of the loss or damage. If the Company is prejudiced by the failure of expenses incurred in accordance with Section 4 of these Conditions and the insured claimant to provide the required proof of loss or damage, the Stipulations Company's obligations to the insured under the policy shall terminate, 8 . Apportionment including any liability or obligation to defend , prosecute, or continue any If the land described in Schedule A consists of two or more parcels which litigation, with regard to the matter or matters requiring such proof of loss or are not used as a single site, and a loss is established affecting one or damage. more of the parcels but not all, the loss shall be computed and settled on a In addition , the insured claimant may reasonably be required to submit to pro rata basis as if the amount of insurance under this policy was divided examination under oath by any authorized representative of the Company pro rata as to the value on Date of Policy of each separate parcel to the and shall produce for examination , inspection and copying, at such whole, exclusive of any improvements made subsequent to Date of reasonable times and places as may be designated by any authorized Policy, unless a liability or value has otherwise been agreed upon as to representative of the Company, all records, books, ledgers, checks, each parcel by the Company and the insured at the time of the issuance of correspondence and memoranda, whether bearing a date before or after Date this policy and shown by an express statement or by an endorsement of policy, which reasonably pertain to the loss or damage . Further, if attached to this policy. requested by any authorized representative of the Company, the insured 9 . Limitation of Liability claimant shall grant its permission , in writing, for any authorized (a) If the Company establishes the title, or removes the alleged representative of the Company to examine, inspect and copy all records, defect, lien or encumbrance, or cures the lack of a right of access to or books , ledgers, checks, correspondence and memoranda in the custody or from the land , or cures the claim of unmarketability of title , all as insured , control of a third party, which reasonably pertain to the loss or damage . All in a reasonably diligent manner by any method , including litigation and information designated as confidential by the insured claimant provided to the completion of any appeals therefrom, it shall have fully performed its the Company pursuant to this Section shall not be disclosed to others unless, obligations with respect to that matter and shall not be liable for any loss in the reasonable judgment of the Company, it is necessary in the or damage caused thereby. administration of the claim. Failure of the insured claimant to submit for (b) In the event of any litigation, including litigation by the Company examination under oath , produce other reasonably requested information or or with the Company's consent, the Company shall have no liability for grant permission to secure reasonably necessary information from third loss or damage until there has been a final determination by a court of parties as required in this paragraph shall terminate any liability of the competent jurisdiction , and disposition of all appeals therefrom, adverse Company under this policy as to that claim . to the title as insured . 6. Options To Pay or Otherwise Settle Claims ; Termination of (c) The company shall not be liable for loss or damage to any insured Liability for liability voluntarily assumed by the insured in settling any claim or In case of a claim under this policy, the Company shall have the following suit without the prior written consent of the Company. additional options : 10. Reduction of Insurance; Reduction or Termination of Liability (a) To Pay or Tender Payment of the Amount of Insurance. All payments under this policy, except payments made for costs , To pay or tender payment of the amount of insurance under this policy attorneys' fees and expenses, shall reduce the amount of the insurance pro together with any costs, attorneys' fees and expenses incurred by the insured tanto . claimant, which were authorized by the Company, up to the time of payment 11 . Liability Noncumulative or tender of payment and which the Company is obligated to pay. It is expressly understood that the amount of insurance under this Upon the exercise by the Company of this option , all liability and policy shall be reduced by any amount the Company may pay under any obligations to the insured under this policy, other than to make the payment policy insuring a mortgage to which exception is taken in Schedule B or required , shall terminate, including any liability or obligation to defend , to which the insured has agreed , assumed, or taken subject, or which is prosecute , or continue any litigation , and the policy shall be surrendered to hereafter executed by an insured and which is a charge or lien on the the Company for cancellation . estate or interest described or referred to in Schedule A, and the amount (b) To Pay or Otherwise Settle With Parties Other than the Insured so paid shall be deemed a payment under this policy to the insured owner. or With the Insured Claimant.