Common use of EXCESS OF ORIGINAL POLICY LIMITS Clause in Contracts

EXCESS OF ORIGINAL POLICY LIMITS. This Agreement shall protect the Company as provided in Article 4 - Quota Share Participation in connection with loss in excess of the limit of the original policy, such loss in excess of the limit having been incurred because of failure by it to settle within the policy limit or by reason of alleged or actual negligence, fraud or bad faith in rejecting an offer of settlement or in the preparation of the defense or in the trial of any action against its insured or reinsured or in the preparation or prosecution of an appeal consequent upon such action. However, this Article shall not apply where the loss has been incurred due to fraud by a member of the Board of Directors or a corporate officer of the Company acting individually or collectively or in collusion with any individual or corporation or any other organization or party involved in the presentation, defense or settlement of any claim covered hereunder. For the purpose of this Article, the word "loss" shall mean any amounts for which the Company would have been contractually liable to pay had it not been for the limit of the original policy.

Appears in 5 contracts

Samples: Accountants Professional Liability Quota Share (Amerinst Insurance Group LTD), Accountants Professional Liability Quota Share (Amerinst Insurance Group Inc), Value Plan Policies Accountants Professional Liability Quota Share (Amerinst Insurance Group LTD)

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EXCESS OF ORIGINAL POLICY LIMITS. This Agreement Contract shall protect the Company as provided in Article 4 2 - Quota Share Participation Business Covered, in connection with loss in excess of the limit of the original policy, such loss in excess of the limit having been incurred because of failure by it the Company to settle within the policy limit or by reason of alleged or actual negligence, fraud or bad faith in rejecting an offer of settlement or in the preparation of the defense or in the the, trial of any action against its insured or reinsured or in the preparation or prosecution of an appeal consequent upon such action. However, this Article shall not apply where the loss has been incurred due to fraud by a member of the Board of Directors or a corporate officer of the Company acting individually or collectively or in collusion with any individual or corporation or any other organization or party involved in the presentation, defense or settlement of any claim covered hereunder. For the purpose of this Article, the word "loss" shall mean any amounts for which the Company would have been contractually liable to pay had it not been for the limit of the original policy. The date on which any Excess of Original Policy Limit loss is incurred by the Company shall be deemed, in all circumstances, to be the date of the original loss.

Appears in 4 contracts

Samples: Cna Surety Corp, Cna Surety Corp, Cna Surety Corp

EXCESS OF ORIGINAL POLICY LIMITS. This Agreement shall protect the Company as provided in Article 4 - Quota Share Participation in connection with loss in excess of the limit of the original policy, such loss in excess of the limit having been incurred because of failure by it to settle within the policy limit or by reason of alleged or actual negligence, fraud or bad faith in rejecting an offer of settlement or in the preparation of the defense or in the trial of any action against its insured or reinsured or in the preparation or prosecution of an appeal consequent upon such action. However, this Article shall not apply where the loss has been incurred due to fraud by a member of the Board of Directors or a corporate officer of the Company acting individually or collectively or in collusion with any individual or corporation or any other organization or party involved in the presentation, defense or settlement of any claim covered hereunder. For the purpose of this Article, the word "β€œloss" ” shall mean any amounts for which the Company would have been contractually liable to pay had it not been for the limit of the original policy.

Appears in 2 contracts

Samples: Value Plan Policies (Amerinst Insurance Group LTD), Quota Share Treaty (Amerinst Insurance Group LTD)

EXCESS OF ORIGINAL POLICY LIMITS. This Agreement Contract shall protect the Company as provided in Article 4 2 - Quota Share Participation Business Covered, in connection with loss in excess of the limit of the original policy, such loss in excess of the limit having been incurred because of failure by it the Company to settle within the policy limit or by reason of alleged or actual negligence, fraud or bad faith in rejecting an offer of settlement or in the preparation of the defense or in the trial of any action against its insured or reinsured or in the preparation or prosecution of an appeal consequent upon such action. However, this Article shall not apply where the loss has been incurred due to fraud by a member of the Board of Directors or a corporate officer of the Company acting individually or collectively or in collusion with any individual or corporation or any other organization or party involved in the presentation, defense or settlement of any claim covered hereunder. For the purpose of this Article, the word "loss" shall mean any amounts for which the Company would have been contractually liable to pay had it not been for the limit of the original policy. The date on which any Excess of Original Policy Limit loss is incurred by the Company shall be deemed, in all circumstances, to be the date of the original loss.

Appears in 1 contract

Samples: Cna Surety Corp

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EXCESS OF ORIGINAL POLICY LIMITS. This Agreement shall protect the Company as provided in Article 4 2 - Quota Share Participation Business Covered in connection with loss in excess of the limit of the original policy, such loss in excess of the limit having been incurred because of failure by it the Company to settle within the policy limit or by reason of alleged or actual negligence, fraud or bad faith in rejecting an offer of settlement or in the preparation of the defense or in the the, trial of any action against its insured or reinsured or in the preparation or prosecution of an appeal consequent upon such action. However, this Article shall not apply where the loss has been incurred due to fraud by a member of the Board of Directors or a corporate officer of the Company acting individually or collectively or in collusion with any individual or corporation or any other organization or party involved in the presentation, defense or settlement of any claim covered hereunder. For the purpose of this Article, the word "loss" shall mean any amounts for which the Company would have been contractually liable to pay had it not been for the limit of the original policy. The date on which any Excess of Original Policy Limit loss is incurred by the Company shall be deemed, in all circumstances, to be the date of the original loss.

Appears in 1 contract

Samples: Reorganization Agreement (Capsure Holdings Corp)

EXCESS OF ORIGINAL POLICY LIMITS. This Agreement Contract shall protect the Company as provided in Article 4 2 - Quota Share Participation Business Covered in connection with loss in excess of the limit of the original policy, such loss in excess of the limit having been incurred because of failure by it the Company to settle within the policy limit or by reason of alleged or actual negligence, fraud or bad faith in rejecting an offer of settlement or in the preparation of the defense or in the the, trial of any action against its insured or reinsured or in the preparation or prosecution of an appeal consequent upon such action. However, this Article shall not apply where the loss has been incurred due to fraud by a member of the Board of Directors or a corporate officer of the Company acting individually or collectively or in collusion with any individual or corporation or any other organization or party involved in the presentation, defense or settlement of any claim covered hereunder. For the purpose of this Article, the word "loss" shall mean any amounts for which the Company would have been contractually liable to pay had it not been for the limit of the original policy. The date on which any Excess of Original Policy Limit loss is incurred by the Company shall be deemed, in all circumstances, to be the date of the original loss.

Appears in 1 contract

Samples: Cna Surety Corp

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