Disputed defence or appeal Sample Clauses

Disputed defence or appeal. If any dispute arises between the insured and the insurer as to whether a prosecution should be defended or an appeal made, such dispute will be referred to a solicitor attorney or similar legal professional with no less than 10 years experience in the claims jurisdiction stated in the schedule to be mutually agreed between the parties (or in default of agreement to be nominated by the President of the Law Society) whose decision will be final.
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Disputed defence or appeal. If any dispute arises between the insured and insurer as to whether a prosecution should be defended or an appeal made, such dispute will be referred to a Senior Counsel or Queen’s Counsel to be mutually agreed between the parties (or in default of agreement to be nominated by the President of the Law Council of Australia) whose decision will be final. In the event of conflict between any person falling within the definition of insured separate representation will be arranged for each party.
Disputed defence or appeal. Section Professional liability only 6.7.1 Any dispute between you and us: a) as to the correct interpretation of the definition of business services under this policy; or b) regarding the application of the ‘Special institution condition’ clause. shall be referred by either party for arbitration in accordance with the law and procedure of England and Wales to any person nominated by the President for the time being of the Royal Institution of Chartered Surveyors, whose decision shall be binding on both parties. 6.7.2 If you or us cannot agree a common course of action with regard to the contesting of any legal proceedings (whether defence or prosecution), the dispute will be resolved by reference to a Queen’s Counsel of the English Bar to be mutually agreed between you and us, whose decision shall be binding. In resolving the dispute, the Queen’s Counsel shall have due regard to the interests of both you and us. In the event of disagreement regarding the appointment of the Queen’s Counsel, the Queen’s Counsel shall be appointed by the chairman of the Bar Council. The costs of such an exercise shall be allocated by the agreed or appointed party on a fair and equitable basis.

Related to Disputed defence or appeal

  • Office of Inspector General Investigative Findings Expert Review In accordance with Senate Bill 799, Acts 2021, 87th Leg., R.S., if Texas Government Code, Section 531.102(m-1)(2) is applicable to this Contract, Contractor affirms that it possesses the necessary occupational licenses and experience.

  • How to Request an External Appeal If you remain dissatisfied with our medical appeal determination, you may request an external review by an outside review agency. In accordance with §27-18.9-8, your external appeal will be reviewed by one of the external independent review organizations (IRO) approved by the Office of the Health Insurance Commissioner. The IRO is selected using a rotational method. Your claim does not have to meet a minimum dollar threshold in order for you to be able to request an external appeal. To request an external appeal, submit a written request to us within four (4) months of your receipt of the medical appeal denial letter. We will forward your request to the outside review agency within five (5) business days, unless it is an urgent appeal, and then we will send it within two (2) business days. We may charge you a filing fee up to $25.00 per external appeal, not to exceed $75.00 per plan year. We will refund you if the denial is reversed and will waive the fee if it imposes an undue hardship for you. Upon receipt of the information, the outside review agency will notify you of its determination within ten (10) calendar days, unless it is an urgent appeal, and then you will be notified within seventy-two (72) hours. The determination by the outside review agency is binding on us. Filing an external appeal is voluntary. You may choose to participate in this level of appeal or you may file suit in an appropriate court of law (see Legal Action, below). Once a member or provider receives a decision at one of the several levels of appeals noted above, (reconsideration, appeal, external), the member or provider may not ask for an appeal at the same level again, unless additional information that could affect such decisions can be provided.

  • Arbitration Decision The arbitrator’s decision will be final and binding. The arbitrator shall issue a written arbitration decision revealing the essential findings and conclusions upon which the decision and/or award is based. A party’s right to appeal the decision is limited to grounds provided under applicable federal or state law.

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