ACTION AGAINST THE INSURER. (1) No action will be taken against the Insurer unless, as a condition precedent thereto, there will have been full compliance with all the terms, conditions and limitations of this Policy.
(2) No person or organization will have any right under this Policy to join the Insurer as a party to any Claim against any Insured Person nor will the Insurer be impleaded by any Insured Person or their legal representative in any such Claim.
ACTION AGAINST THE INSURER. A. No action shall lie against the Insurer unless, as a condition precedent thereto, there shall have been full compliance with all the terms of this Policy.
B. No person or organization shall have any right under this Policy to join the Insurer as a party to any Claim against an Insured, nor shall the Insurer be impleaded by any Insured or their legal representative in any such Claim.
ACTION AGAINST THE INSURER. No suit, action, or proceedings for recovery of any Loss under this Policy will be sustainable in any court of law, equity, or other tribunal unless all the requirements of this Policy are complied with and is commenced within twenty four (24) months after a final statement of Loss has been submitted to the Insurer by the Insured(s).
ACTION AGAINST THE INSURER. (1) No action shall be taken against the INSURER unless, as a condition precedent thereto, there shall have been full compliance with all terms of this Policy, and until the INSUREDS' obligation to pay shall have been finally determined, either by an adjudication against the INSUREDS or by written agreement of the INSUREDS, claimant(s) and the INSURER.
(2) No person or organization shall have any right under this Policy to join the INSURER as a party to any CLAIM against the INSUREDS nor shall the INSURER be impleaded by the INSURED’S or their legal representative in any such CLAIM.
ACTION AGAINST THE INSURER. No action may be brought against the Insurer unless, as a condition precedent thereto, (1) the Insured has fully complied with all of the terms, conditions and other provisions of the Policy, and
ACTION AGAINST THE INSURER. A. No action shall lie against the INSURER unless as a condition precedent, there shall have been full compliance with all of the terms of this Policy, and until the amount of the Insured's obligation to pay shall have been finally determined either by judgment against the Insured after actual trial, or by written agreement of the Insured, the claimant or the claimant's legal representative, and the INSURER.
B. Any person or the legal representatives thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this Policy to the extent of the insurance afforded by this Policy. No person or entity shall have any right under this Policy to join the INSURER as a party to any action against the Insured to determine the Insured's liability, nor shall the INSURER be impleaded by the Insured or their legal representatives. Bankruptcy or insolvency of the Insured or their successors in interest shall not relieve the INSURER of its obligations hereunder.
ACTION AGAINST THE INSURER. No action or legal proceedings may be initiated against the Insurer unless the Insured has fully complied with the requirements of this Policy. Every action or proceeding against an insurer for the recovery of insurance money payable under the contract is absolutely barred unless commenced wi thin the time set out in the Insurance Act.
ACTION AGAINST THE INSURER. No action shall lie against the Insurer unless, as a condition precedent thereto, there shall have been full compliance with all of the terms of this policy, nor until the amount of the Insured’s obligation to pay shall have been finally determined either by judgment against the Insured after actual trial or by written agreement of the Insured, the claimant and the Insurer. Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this policy to the extent of the insurance afforded by this policy. No person or organization shall have any right under this policy to join the Insurer as a party to any action against the Insured or the Firm to determine the Insured’s liability, nor shall the Insurer be impleaded by the Insured or the Insurer or their legal representatives.
ACTION AGAINST THE INSURER. (a) You cannot commence a legal action against the Insurer unless:
(1) you are in full compliance with all of the terms of this Policy;
(2) the amount of your obligation to pay has been determined either by judgment after trial, or by written agreement of you, the injured party, and the Insurer; and
(3) you have first initiated and participated fully in a mediation conference with a mutually agreed upon mediator, under the mediation rules of the Mutual Insurance Companies’ OmbudService (or such other mediation rules as agreed upon).
(b) You must commence any action or proceeding against the Insurer within one (1) year of the date of such judgment or written agreement and not afterwards. If the mediation conference required under sub clause (a) has been formally initiated and scheduled but not concluded at the end of this one (1) year period, then you may not commence action against the Insurer until thirty (30) days after the conclusion of the mediation conference. The mediation conference will be deemed concluded when no further mediation conferences are formally scheduled.
ACTION AGAINST THE INSURER. 1. No action will lie against the Insurer unless there has been full compliance with all of the terms of this Policy and unless such action is brought and maintained in a court of competent jurisdiction within Canada.
2. As respects Liability Coverage Sections, no person or organization has a right under this Policy to join the Insurer as a party to an action against an Insured to determine such Insured’s liability, nor may the Insurer be impleaded by an Insured or its legal representative.
3. As respects First Party Coverage Sections, the Insured may not bring any legal action against the Insurer involving loss:
a. until 60 days after the Insured has filed proof of loss with the Insurer; and
b. unless such legal action is brought within two years from the date the Insured: (i) reports to the Insurer such claim for loss or Covered Expenses under the Kidnap and Xxxxxx Coverage Section; or (ii) Discovers the loss under any other Coverage Section.
