Duty of Fair Presentation. remedies for breach - variation 6.9.1 if such breach is deliberate or reckless, we may: a) by notice to you treat this policy as having been terminated from the time when the variation was concluded; and b) retain the premium; 6.9.2 if such breach is not deliberate or reckless, and we would not have entered into the variation but for the breach, we may treat this policy as if the variation was never made, in which case we shall return any additional premium relating to the variation; and 6.9.3 in all other cases if, but for the said breach, we would have entered into the variation but: a) on different terms (other than terms relating to the premium), we may require that the variation is treated as if it had been entered into on those different terms; b) would have increased the premium by more than it did or at all, we may reduce proportionately the amount to be paid on a claim arising out of events after the variation. In those circumstances, we shall pay only X% of what we would otherwise have been required to pay, where X = (premium actually charged/higher premium) x 100; or c) would not have reduced the premium by as much as it did or at all, we may reduce proportionately the amount to be paid on a claim arising out of events after the variation. In those circumstances, we shall pay only X% of what we would otherwise have been required to pay, where X = (premium actually charged/reduced total premium) x 100.
Appears in 5 contracts
Samples: Professional Liability Insurance Policy, Architects and Engineers Professional Liability Insurance Policy, Professional Liability Insurance Policy
Duty of Fair Presentation. remedies for breach - variation
6.9.1 12.8.1 if such breach is deliberate or reckless, we may:
a) by notice to you treat this policy as having been terminated from the time when the variation was concluded; and
b) retain the premium;
6.9.2 12.8.2 if such breach is not deliberate or reckless, and we would not have entered into the variation but for the breach, we may treat this policy as if the variation was never made, in which case we shall return any additional premium relating to the variation; and
6.9.3 12.8.3 in all other cases if, but for the said breach, we would have entered into the variation but:
a) on different terms (other than terms relating to the premium), we may require that the variation is treated as if it had been entered into on those different terms;
b) would have increased the premium by more than it we did or at all, we may reduce proportionately the amount to be paid on a claim arising out of events after the variation. In those circumstances, we shall pay only X% of what we would otherwise have been required to pay, where X = (premium actually charged/higher premium) x 100; or
c) would not have reduced the premium by as much as it did or at all, we may reduce proportionately the amount to be paid on a claim arising out of events after the variation. In those circumstances, we shall pay only X% of what we it would otherwise have been required to pay, where X = (premium actually charged/reduced total premium) x 100.
Appears in 2 contracts
Samples: Property Owners Insurance Policy, Property Owners Insurance Policy
Duty of Fair Presentation. remedies for breach - variation
6.9.1 6.10.1 if such breach is deliberate or reckless, we may:
a) by notice to you treat this policy as having been terminated from the time when the variation was concluded; and
b) retain the premium;
6.9.2 6.10.2 if such breach is not deliberate or reckless, and we would not have entered into the variation but for the breach, we may treat this policy as if the variation was never made, in which case we shall return any additional premium relating to the variation; and
6.9.3 6.10.3 in all other cases if, but for the said breach, we would have entered into the variation but:
a) on different terms (other than terms relating to the premium), we may require that the variation is treated as if it had been entered into on those different terms;
b) would have increased the premium by more than it did or at all, we may reduce proportionately the amount to be paid on a claim arising out of events after the variation. In those circumstances, we shall pay only X% of what we would otherwise have been required to pay, where X = (premium actually charged/higher premium) x 100; or
c) would not have reduced the premium by as much as it did or at all, we may reduce proportionately the amount to be paid on a claim arising out of events after the variation. In those circumstances, we shall pay only X% of what we would otherwise have been required to pay, where X = (premium actually charged/reduced total premium) x 100.
Appears in 2 contracts
Samples: Professional Liability Insurance Policy, Professional Liability Insurance Policy
Duty of Fair Presentation. remedies for breach - variation
6.9.1 12.8.1 if such breach is deliberate or reckless, we may:
a) by notice to you treat this policy as having been terminated from f rom the time t ime when the variation was concluded; and
b) retain the premium;
6.9.2 12.8.2 if such breach is not deliberate or reckless, and we would not have entered into the variation but for the breach, we may treat this policy as if the variation was never made, in which case we shall return any additional premium relating to the variation; and
6.9.3 12.8.3 in all other cases if, but for the said breach, we would have entered into the variation but:
a) on different terms (other than terms relating to the premium), we may require req uire that the variation is treated as if it had been entered into on those different terms;
b) would have increased the premium by more than it we did or at all, we may reduce proportionately the amount to be paid on a claim arising out of events after the variation. In those circumstances, we shall pay only X% of what we would otherwise have been b een required to pay, where X = (premium actually charged/higher premium) x 100; or
c) would not have reduced the premium by as much as it did or at all, we may reduce proportionately the amount to be paid on a claim arising out of events after the variation. In those circumstances, we shall pay only X% of what we would otherwise it wo uld o therwise have been required to pay, where X = (premium actually charged/reduced total premium) x 100.
Appears in 1 contract
Samples: Property Owners Insurance Policy
Duty of Fair Presentation. remedies for breach - variation
6.9.1 17.10.1 if such breach is deliberate or reckless, we may:
a) by notice to you treat this policy as having been terminated from the time when the variation was concluded; and
b) retain the premium;
6.9.2 17.10.2 if such breach is not deliberate or reckless, and we would not have entered into the variation but for the breach, we may treat this policy as if the variation was never made, in which case we shall return any additional premium relating to the variation; and
6.9.3 17.10.3 in all other cases if, but for the said breach, we would have entered into the variation but:but:β
a) on different terms (other than terms relating to the premium), we may require that the variation is treated as if it had been entered into on those different terms;
b) would have increased the premium by more than it did or at all, we may reduce proportionately the amount to be paid on a claim arising out of events after the variation. In those circumstances, we shall pay only X% of what we would otherwise have been required to pay, where X = (premium actually charged/higher premium) x 100; or
c) would not have reduced the premium by as much as it did or at all, we may reduce proportionately the amount to be paid on a claim arising out of events after the variation. In those circumstances, we shall pay only X% of what we would otherwise have been required to pay, where X = (premium actually charged/reduced total premium) x 100.
Appears in 1 contract
Samples: Combined Insurance Policy
