Common use of Contesting Denial of Coverage Clause in Contracts

Contesting Denial of Coverage. If any Insurer under an Insurance Policy described in Sections 16.1.1 and 16.1.3 denies coverage with respect to any claims reported to such Insurer, Developer and the Department shall cooperate in good faith to establish whether and to what extent to contest, and how to fund the cost of contesting, the denial of coverage; provided that if the reported claim is a matter covered by an indemnity in favor of the Department or the denial is the result of Developer’s failure to comply with an insurance requirement, then Developer shall bear all costs of contesting the denial of coverage.

Contesting Denial of Coverage. If any Insurer insurer under an Insurance Policy described in Sections 16.1.1 and 16.1.3 this Article 19 (Insurance) denies coverage with respect to any claims reported to such Insurerinsurer, Developer the Development Entity and the Department shall cooperate in good faith to establish whether and to what extent to contest, and how to fund the cost of contesting, the denial of coverage; provided that if the reported claim is a matter covered by an indemnity in favor of the Department or the denial is the result of Developerthe Development Entity’s failure to comply with an insurance requirement, then Developer the Development Entity shall bear all costs of contesting the denial of coverage.

Contesting Denial of Coverage. If any Insurer under an Insurance Policy described in Sections 16.1.1 and 16.1.3 this Article 19 (Insurance) denies coverage with respect to any claims reported to such Insurer, Developer and the Department Authority shall cooperate in good faith to establish whether and to what extent to contest, and how to fund the cost of contesting, the denial of coverage; provided that if the reported claim is a matter covered by an indemnity in favor of the Department Authority or the denial is the result of Developer’s failure to comply with an insurance requirement, then Developer shall bear all costs of contesting the denial of coverage.