Common use of Examination Under Oath Clause in Contracts

Examination Under Oath. In case of a loss to Property Insured, if requested by Company, the “Certificate Holder” will: 1. Show the damaged property; 2. Provide Company with records and documents Company requests and permit Company to make copies; 3. Submit to examination under oath, while not in the presence of another “Certificate Holder”, and sign the same; 4. Produce, to the extent that it is within “Certificate Holder’s” power, “Certificate Holder’s” employees, members of “Certificate Holder’s” household, or others so that they may be examined under oath; and 5. Send to Company, within 90 days after discovery of the loss, the “Certificate Holder’s” signed, sworn proof of loss which contains the information needed to settle a claim; 6. Cooperate with Company in the investigation of a claim. Legal Action Against Company: No one may bring a legal action against Company under this Certificate unless: 1. There has been full compliance with all the terms of this Certificate; and 2. The action is brought within two years after the “Certificate Holder” first has knowledge of the direct loss or damage. Appraisal: If Company and “Certificate Holder” disagree on the value of the property or the amount of loss, either may make written demand for an appraisal of the loss. In this event, each party will select a competent and impartial appraiser. The two appraisers will select an umpire. If the two appraisers cannot agree, either may request that the selection of an umpire be made by a judge of a court having jurisdiction. The appraisers will separately set the amount of loss. If the appraisers submit a written report of an agreement to Company, the amount agreed upon will be the amount of loss. If they fail to agree, they will submit their differences to the umpire. Any decision agreed to by the appraisers will be non-binding. Each party will pay its own appraiser and bear the other expenses of the appraisal and umpire equally. If there is an appraisal, Company will still retain its right to deny the claim.

Appears in 1 contract

Samples: Insurance Company

AutoNDA by SimpleDocs

Examination Under Oath. In case of a loss to Property Insured, if requested by Company, the “Certificate Holder” will: 1. Show the damaged property; 2. Provide Company with records and documents Company requests and permit Company to make copies; 3. Submit to examination under oath, while not in the presence of another “Certificate Holder”, and sign the same; 4. Produce, to the extent that it is within “Certificate Holder’s” power, “Certificate Holder’s” employees, members of “Certificate Holder’s” household, or others so that they may be examined under oath; and 5. Send to Company, within 90 days after discovery of the loss, the “Certificate Holder’s” signed, sworn proof of loss which contains the information needed to settle a claim; 6. Cooperate with Company in the investigation of a claim. Legal Action Against Company: No one may bring a legal action against Company under this Certificate unless: 1. There has been full compliance with all the terms of this Certificate; and 2. The action is brought within two three years after the “Certificate Holder” first has knowledge of the direct loss or damage. Appraisal: If Company and “Certificate Holder” disagree on the value of the property or the amount of loss, either may make written demand for an appraisal of the loss. In this event, each party will select a competent and impartial appraiser. The two appraisers will select an umpire. If the two appraisers cannot agree, either may request that the selection of an umpire be made by a judge of a court having jurisdiction. The appraisers will separately set the amount of loss. If the appraisers submit a written report of an agreement to Company, the amount agreed upon will be the amount of loss. If they fail to agree, they will submit their differences to the umpire. Any A decision agreed to by any two will set the appraisers will be non-bindingamount of loss. Each party will pay its own appraiser and bear the other expenses of the appraisal and umpire equally. If there is an appraisal, Company will still retain its right to deny the claim.. Territorial Limits: This insurance covers Property Insured only within the United States of America, its territories, or possessions or within the Dominion of Canada, or while being transported between the ports thereof. Automatic Amendment to Statute or Regulation: Any terms or conditions of this Certificate or any memorandum of insurance issued thereunder which are in conflict with the Statutes or Lawful Regulations of the jurisdiction wherein business is written are hereby amended without notice to comply with such Statutes or Lawful Regulations as are from time to time governing. If any part of this Certificate is deemed or determined to be invalid for any reason, the remainder of the Certificate shall remain in full force and effect. Changes: Notice to any agent or knowledge possessed by any agent or by any other person shall not affect a waiver or a change in any part of this Certificate or stop Company from asserting any right under the terms of this Certificate, nor shall the terms of this Certificate be waived or changed, except by endorsements issued to form a part of this Certificate. If a change is made to the Master Policy forms or endorsements at the Master Policy’s anniversary date that reduces coverage or lowers limits, the Master Policy Holder will notify the “Certificate Holder” of such change. Entire Contract: The Master Policy, together with the Declarations, endorsements and the Certificate constitute the entire policy. Examination of the Master Policy: The Master Policy will be available for inspection at the Master Policy Xxxxxx’s office during regular business hours or on the Company’s website: Xxxxxxx.xxx/xxxxxxxx. Xxxxxxx X. Xxxx Xxxxxx Xxxxxxx

Appears in 1 contract

Samples: Insurance Company

Examination Under Oath. In case of a loss to Property Insured, if requested by Company, the “Certificate Holder” will: 1. Show the damaged property; 2. Provide Company with records and documents Company requests and permit Company to make copies; 3. Submit to examination under oath, while not in the presence of another “Certificate Holder”, and sign the same; 4. Produce, to the extent that it is within “Certificate Holder’s” power, “Certificate Holder’s” employees, members of “Certificate Holder’s” household, or others so that they may be examined under oath; and 5. Send to Company, within 90 days after discovery of the loss, the “Certificate Holder’s” signed, sworn proof of loss which contains the information needed to settle a claim; 6. Cooperate with Company in the investigation of a claim. Legal Action Against Company: No one may bring a legal action against Company under this Certificate unless: 1. There has been full compliance with all the terms of this Certificate; and 2. The action is brought within two ten years after the “Certificate Holder” first has knowledge of the direct loss or damage. Appraisal: If Company and “Certificate Holder” disagree on the value of the property or the amount of loss, either may make written demand for an appraisal of the loss. In this event, each party will select a competent and impartial appraiserappraiser and notify the other of the appraiser selected within 20 days of the written demand for appraisal. The two appraisers will select an umpire. If the two appraisers cannot agree, either may request that the selection of agree upon an umpire within 15 days, then, upon Company’s or the “Certificate Holder’s” request, an umpire shall be made selected by a judge of a court having jurisdictionof record in the state and county (or city if the city is not located within a county) in which the Covered Property is located. The appraisers will separately set the amount of loss. If the appraisers submit a written report of an agreement to Company, the amount agreed upon will be the amount of loss. If they fail to agree, they will submit their differences to the umpire. Any The umpire shall make an award within 30 days after the umpire receives the appraisers’ submissions of their differences. A decision agreed to by any two will set the appraisers will be non-bindingamount of loss. Each party will pay its own appraiser and bear the other expenses of the appraisal and umpire equally. If there is an appraisal, Company will still retain its right to deny the claim.. Territorial Limits: This insurance covers Property Insured only within the United States of America, its territories, or possessions or within the Dominion of Canada, or while being transported between the ports thereof. Automatic Amendment to Statute or Regulation: Any terms or conditions of this Certificate or any memorandum of insurance issued thereunder which are in conflict with the Statutes or Lawful Regulations of the jurisdiction wherein business is written are hereby amended without notice to comply with such Statutes or Lawful Regulations as are from time to time governing. If any part of this Certificate is deemed or determined to be invalid for any reason, the remainder of the Certificate shall remain in full force and effect. Changes: Notice to any agent or knowledge possessed by any agent or by any other person shall not affect a waiver or a change in any part of this Certificate or stop Company from asserting any right under the terms of this Certificate, nor shall the terms of this Certificate be waived or changed, except by endorsements issued to form a part of this Certificate. If a change is made to the Master Policy forms or endorsements at the Master Policy’s anniversary date that reduces coverage or lowers limits or increases the premium 25% or more, the Master Policy Holder will notify the “Certificate Holder” of such change. Entire Contract: The Master Policy, together with the Declarations, endorsements and the Certificate constitute the entire policy. Examination of the Master Policy: The Master Policy will be available for inspection at the Master Policy Xxxxxx’s office during regular business hours or on the Company’s website: add Xxxxxxx.xxx/xxxxxxxx. Xxxxxxx X. Xxxx Xxxxxx Xxxxxxx

Appears in 1 contract

Samples: Insurance Company

AutoNDA by SimpleDocs

Examination Under Oath. In case of a loss to Property Insured, if requested by Company, the “Certificate Holder” will: 1. Show the damaged property; 2. Provide Company with records and documents Company requests and permit Company to make copies; 3. Submit to examination under oath, while not in the presence of another “Certificate Holder”, and sign the same; 4. Produce, to the extent that it is within “Certificate Holder’s” power, “Certificate Holder’s” employees, members of “Certificate Holder’s” household, or others so that they may be examined under oath; and 5. Send to Company, within 90 days after discovery of the loss, the “Certificate Holder’s” signed, sworn proof of loss which contains the information needed to settle a claim; 6. Cooperate with Company in the investigation of a claim. Legal Action Against Company: No one may bring a legal action against Company under this Certificate unless: 1. There has been full compliance with all the terms of this Certificate; and 2. The action is brought within two years after the “Certificate Holder” first has knowledge of the direct loss or damage. The “Certificate Holder’s” right to bring legal action against Company is not conditioned upon the “Certificate Holder’s” compliance with the Appraisal condition provisions. Appraisal: If Company and “Certificate Holder” disagree on the value of the property or the amount of loss, either may make written demand request for an appraisal of the loss. In this event, each party will select a competent and impartial appraiser. The two appraisers will select an umpire. If the two appraisers cannot agree, either may request that the selection of an umpire be made by a judge of a court having jurisdiction. The appraisers will separately set the amount of loss. If the appraisers submit a written report of an agreement to Company, the amount agreed upon will be the amount of loss. If they fail to agree, they will submit their differences to the umpire. Any A decision agreed to by any two will set the appraisers will be non-bindingamount of loss. Each party will pay its own appraiser and bear the other expenses of the appraisal and umpire equally. If there is an appraisal, Company will still retain its right to deny the claim.. Territorial Limits: This insurance covers Property Insured only within the United States of America, its territories, or possessions or within the Dominion of Canada, or while being transported between the ports thereof. Automatic Amendment to Statute or Regulation: Any terms or conditions of this Certificate or any memorandum of insurance issued thereunder which are in conflict with the Statutes or Lawful Regulations of the jurisdiction wherein business is written are hereby amended without notice to comply with such Statutes or Lawful Regulations as are from time to time governing. If any part of this Certificate is deemed or determined to be invalid for any reason, the remainder of the Certificate shall remain in full force and effect. Changes: Notice to any agent or knowledge possessed by any agent or by any other person shall not affect a waiver or a change in any part of this Certificate or stop Company from asserting any right under the terms of this Certificate, nor shall the terms of this Certificate be waived or changed, except by endorsements issued to form a part of this Certificate. If a change is made to the Master Policy forms or endorsements at the Master Policy’s anniversary date that reduces coverage or lowers limits, the Master Policy Holder will notify the “Certificate Holder” of such change. Entire Contract: The Master Policy, together with the Declarations, endorsements and the Certificate constitute the entire policy. Examination of the Master Policy: The Master Policy will be available for inspection at the Master Policy Xxxxxx’s office during regular business hours or on the Company’s website: Xxxxxxx.xxx/xxxxxxxx. Xxxxxxx X. Xxxx Xxxxxx Xxxxxxx

Appears in 1 contract

Samples: Insurance Company

Time is Money Join Law Insider Premium to draft better contracts faster.