DEFENSE AND SETTLEMENT OF A CLAIM Sample Clauses

DEFENSE AND SETTLEMENT OF A CLAIM. A. The Insurer does not assume any duty to defend any Claim under this Coverage Section. However, the Insurer shall have the right to fully and effectively associate with the Insured in the control, investigation, defense and settlement of any Claim.
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DEFENSE AND SETTLEMENT OF A CLAIM. A. The Insurer does not assume any duty to defend any Claim under this Coverage Section. However, the Insurer shall have the right to fully and effectively associate with the Insured in the control, investigation, defense and settlement of any Claim. B. The Insured(s) shall defend and contest any Claim made against them. The Insured shall obtain the Insurer’s written consent in the selection of defense counsel to represent the Insured as respects any Claim, such consent shall not be unreasonably withheld. C. The Insured(s) shall not admit or assume any liability, incur any Defense Costs, make any settlement offer, enter into any settlement agreement or stipulate to any judgment, without the prior written consent of the Insurer. Any Loss incurred by the Insured(s) and/or any settlements or judgments agreed to by the Insured(s) without such consent shall not be covered by this Policy. However, the Insurer’s consent is not required for the Insured to settle a Claim for a Loss amount within the applicable Retention, provided that such settlement fully resolves the Claim with respect to all Insureds and the Insurer. D. The Insurer shall have the right to associate with the Insured in the defense of any Claim that can reasonably be expected to require any payment by the Insurer, including but not limited to the right to investigate, conduct negotiations, and enter into the settlement of any Claim that the Insurer deems appropriate, subject to the consent of the Insured which shall not be unreasonably withheld. In the event the Insured refuses to consent to a settlement acceptable to the claimant in accordance with the Insurer’s recommendation, the Insurer’s liability for Loss on account of such Claim shall not exceed: (a) the amount for which the Insurer could have settled the Claim; plus; (b) any Defense Costs incurred up to the date the Insured refused to settle such Claim; plus (c) eighty percent (80%) of covered Loss, other than Defense Costs, in excess of the amount for which the Insurer could have settled the Claim. The remaining amount of any Loss, including any Defense Costs incurred after the date the Insured refused to settle such Claim, shall be carried by the Insured at its own risk and be uninsured. However, in no event shall the Insurer’s liability exceed the applicable Limit of Liability for this Coverage Section, as set forth in Item 4.A. of the Declarations. E. At the request of the Named Insured, the Insurer shall reimburse Defense Costs prior ...
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Related to DEFENSE AND SETTLEMENT OF A CLAIM

  • Dispute Settlement 1. A Party may not initiate proceedings under the general dispute settlement provisions of this Agreement regarding a refusal to grant temporary entry under this Chapter unless: (a) the matter involves a pattern of practice; and (b) the business person has exhausted the available administrative remedies regarding the particular matter. 2. The remedies referred to in subparagraph 1(b) shall be deemed to be exhausted if a final determination in the matter has not been issued by the competent authority within one year of the institution of an administrative proceeding, and the failure to issue a determination is not attributable to delay caused by the business person.

  • DISPUTES SETTLEMENT PROCEDURE 9.1 A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter (including a dispute about whether a workplace right has been breached) or any matters arising out of the operation of the Agreement or incidental to the operation of the Agreement should be dealt with as close to its source as possible. Disputes over matters arising from this Agreement (or any other dispute related to the employment relationship or the NES, including subsections 65(5) or 76(4) of the Fair Work Act) shall be dealt with according to the following procedure. 9.2 The pre-dispute status quo shall prevail while the matter is being dealt with in accordance with this procedure. 9.3 All Employees have the right to appoint a representative in relation to a dispute. It is the express priority of all Parties to attempt to settle a dispute at the workplace level at first instance. 9.4 In the event of any work-related grievance arising between the Employer and an Employee or Employees, the matter shall be dealt with in the following manner: (a) The matter shall be first submitted by the Employee/s or his/her job delegate/ employee representative or other representative, to the site foreperson/supervisor or the other appropriate site representative of the Employer and if not settled, to a more senior representative of the Employer. (b) Alternatively, the Employer may submit an issue to the Employee/s who may seek the assistance and involvement of the job delegate/employee representative or other representative. (c) If still not resolved, there may be discussions between the relevant Union official (if requested by the employee/s), or another representative of the employee, and senior representative of the Employer. (d) Should the matter remain unresolved, either of the parties or their representative shall refer the dispute at first instance to FWC for review. FWC may exercise conciliation and/or arbitration powers in such review. 9.5 This procedure shall be followed in good faith without unreasonable delay. 9.6 If any party fails or refuses to follow any step of this procedure the non-breaching party will not be obligated to continue through the remaining steps of the procedure and may immediately seek relief by application to FWC. 9.7 Any resolution of a dispute under this clause by the FWC will not be inconsistent with legislative obligations or any other applicable Codes or Regulations.

  • Objections to Settlement 7.7.1 Only Participating Class Members may object to the class action components of the Settlement and/or this Agreement, including contesting the fairness of the Settlement, and/or amounts requested for the Class Counsel Fees Payment, Class Counsel Litigation Expenses Payment and/or Class Representative Service Payment. 7.7.2 Participating Class Members may send written objections to the Administrator, by fax, email, or mail. In the alternative, Participating Class Members may appear in Court (or hire an attorney to appear in Court) to present verbal objections at the Final Approval Hearing. A Participating Class Member who elects to send a written objection to the Administrator must do so not later than 60 days after the Administrator’s mailing of the Class Notice (plus an additional 14 days for Class Members whose Class Notice was re-mailed). 7.7.3 Non-Participating Class Members have no right to object to any of the class action components of the Settlement.

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