Duty of Fair Presentation. remedies for breach - proposing for this insurance 12.7.1 if such breach is deliberate or reckless, we may: a) treat this policy as having been terminated from its inception; and b) retain the premium; 12.7.2 if such breach is not deliberate or reckless and we would not have entered into this policy but for the breach, we may by notice to you treat this policy as having been terminated from its inception in which case we shall return the premium; and 12.7.3 in all other cases if, but for the said breach, we would have entered into this policy but: a) on different terms (other than terms relating to the premium), we may require that this policy is treated as if it had been entered into on those different terms from the outset; or b) would have charged a higher premium, we may reduce proportionately the amount to be paid on a claim (and, if applicable, the amount already paid on prior claims). 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.
Appears in 2 contracts
Samples: Property Owners Insurance Policy, Property Owners Insurance Policy
Duty of Fair Presentation. remedies for breach - proposing for this insurance
12.7.1 6.9.1 if such breach is deliberate or reckless, we may:
a) treat this policy as having been terminated from its inception; and
b) retain the premium;
12.7.2 6.9.2 if such breach is not deliberate or reckless and we would not have entered into this policy but for the breach, we may by notice to you treat this policy as having been terminated from its inception in which case we shall return the premium; and
12.7.3 6.9.3 in all other cases if, but for the said breach, we would have entered into this policy but:
a) on different terms (other than terms relating to the premium), we may require that this policy is treated as if it had been entered into on those different terms from the outset; or
b) would have charged a higher premium, we may reduce proportionately the amount to be paid on a claim (and, if applicable, the amount already paid on prior claims). 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.
Appears in 2 contracts
Samples: Professional Liability Insurance Policy, Professional Liability Insurance Policy
Duty of Fair Presentation. remedies for breach - proposing for this insurance
12.7.1 if such breach is deliberate or reckless, we may:
a) treat this policy as having been terminated from its inception; and
b) retain the premium;
12.7.2 if such breach is not deliberate or reckless and we would not have entered into this policy but for the breach, we may by notice to you treat this policy as having been terminated from its inception in which case we shall return the premium; and
12.7.3 in all other cases if, but for the said breach, we would have entered into this policy but:
a) on different terms (other than terms relating to the premium), we may require req uire that this policy is treated as if it had been entered into on those different terms from the outseto utset; or
b) would have charged a higher premium, we may reduce proportionately the amount to be paid on a claim (and, if applicable, the amount already paid on prior claimsc laims). In those tho se circumstances, we shall pay only X% of what we would otherwise have been required req uired to pay, where X = (premium actually charged/higher premium) x 100.
Appears in 1 contract
Samples: Property Owners Insurance Policy
Duty of Fair Presentation. remedies for breach - proposing for this insurance
12.7.1 17.9.1 if such breach is deliberate or reckless, the we may:
a) treat this policy as having been terminated from its inception; and
b) retain the premium;
12.7.2 17.9.2 if such breach is not deliberate or reckless and we would not have entered into this policy but for the breach, we may by notice to you treat this policy as having been terminated from its inception in which case we shall return the premium; and
12.7.3 17.9.3 in all other cases if, but for the said breach, we would have entered into this policy but:
a) on different terms (other than terms relating to the premium), we may require that this policy is treated as if it had been entered into on those different terms from the outset; or
b) would have charged a higher premium, we may reduce proportionately the amount to be paid on a claim (and, if applicable, the amount already paid on prior claims). 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.
Appears in 1 contract
Samples: Combined Insurance Policy
Duty of Fair Presentation. remedies for breach - proposing for this insurance
12.7.1 13.9.1 if such breach is deliberate or reckless, we may:
a) treat this policy as having been terminated from its inception; and
b) retain the premium;
12.7.2 13.9.2 if such breach is not deliberate or reckless and we would not have entered into this policy but for the breach, we may by notice to you treat this policy as having been terminated from its inception in which case we shall return the premium; and
12.7.3 13.9.3 in all other cases if, but for the said breach, we would have entered into this policy but:
a) on different terms (other than terms relating to the premium), we may require that this policy is treated as if it had been entered into on those different terms from the outset; or
b) would have charged a higher premium, we may reduce proportionately the amount to be paid on a claim (and, if applicable, the amount already paid on prior claims). 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.
Appears in 1 contract
Samples: Travel Insurance Policy
