Action Against the Pool. No action shall lie against the Pool unless, as a condition precedent thereto, the Member and/or Covered Persons shall fully have complied with all terms of this Agreement, nor until the amount of the Member and/or Covered Person’s obligation to pay shall have been fully and finally determined either by judgment against the Member and/or Covered Persons after actual trial or by written agreement of the Member and/or Covered Persons, the claimant and the Pool. Any person or entity or the legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover underthis Agreement to the extent of the coverage afforded by this Agreement. Nothing contained in this Agreement shall give any person or entity any right to join the Pool as a co-defendant in any claim against the Member to determine the Member’s liability. Bankruptcy or insolvency of the Member shall not relieve the Pool of any of its obligations hereunder.
Action Against the Pool. As a condition precedent to Action or Suit against the Pool, the Member shall have fully complied with all the terms of this Coverage Document and the amount of the obligation shall have been fully determined either by judgment after actual trial or by written agreement between the Member, the claimant(s) and the Pool. Judgment shall not be deemed final until the Claim, Action or Suit has been finally determined in any appeal prosecuted therefrom. Any person or organization or legal representative thereof having secured such judgment or written agreement shall be entitled to recover under this Coverage Document to the extent of the coverage afforded hereby. No person or organization shall have the right under this Coverage Document to join the Pool as a party to any Action or Suit against the Member to determine the Member’s legal liability, nor shall the Pool be impleaded by the Member or the Member’s representative.
