Common use of Extended Reporting Period Clause in Contracts

Extended Reporting Period. In the event of non-renewal or cancellation of this Policy, either by the Company for any reason other than for non payment of premium or by the Insured, the Company will allow a time limit not exceeding 30 days from the date of expiry or cancellation of the Policy, provided no insurance is in force during this extended reporting period for the same interest, but only for notification of claims for any Wrongful Act which had taken place during the Period of Insurance but claims thereof could not be made during the Policy Period. In case Insured request the extended reporting period to be longer than thirty (30) days, the same may be agreed and the Company shall receive the written notice of such election by the Insured together with payment of the additional premium due within thirty (30) days following the effective date of termination or nonrenewal. All claims made during the extended reporting period shall be handled as if they were made on the last day of the expiring Policy Period and are subject to the Limit of Indemnity and the terms, conditions and exceptions of the Policy. The extended reporting period a. does not extend the Policy Period or change the scope of coverage provided; b. does not reinstate or increase the Limit of Indemnity; c. does not apply to claims that are covered under any subsequent insurance the Insured purchase, or that would be covered but for exhaustion of the amount of insurance applicable to such claims. The offer of renewal term and conditions or premiums different from those in effect prior to renewal shall not constitute refusal to renew. 12 CROSS LIABILTY Where Insured comprises of more than one entity or person, each entity or person indemnified is separately indemnified in respect of claims made against any of them by any other person or party (other than the named Insured) subject to the Company's total liability not exceeding the Limit of Indemnity stated in the Policy Schedule. 13 DEFENCE COST Subject to all of the terms and conditions of this insurance the Company will pay all costs, fees and expenses incurred by the Insured with prior consent of the Company in the investigation, defence or settlement of any claim made against the Insured and the costs of representation at any inquest, inquiry or other proceedings in respect of matters which have a direct relevance to any claim made or which might be made against the Insured, provided such claim or claims are the subject of indemnity by the Policy. Such costs, fees and expenses are called `Defence Cost' and it shall serve to reduce the Limit of Indemnity of this Policy as stated in the Policy Schedule. The Company’s obligations hereunder end when the Company has used up the applicable Limit of Indemnity. 14 ADVANCEMENT OF DEFENCE COST In case Loss covered by this Policy and loss not covered by this Policy both are incurred, either because a Claim against the Insured Persons includes both covered and uncovered matters or because a Claim is made against both an Insured Person and others, including the Insured Organisation, the Insured and the Company shall allocate such amount between covered Loss and uncovered loss based upon the relative legal exposures of such parties to such matters. If the Insured and the Company agree on an allocation of Defence Cost the Company shall advance on a current basis Defence Cost allocated to covered Loss. If the Insured and the Company cannot agree on an allocation: (a) no presumption as to allocation shall exist in any arbitration, suit or other proceeding; (b) the Company shall advance on a current basis Defence Cost which the Company believes to be covered under this Policy until a different allocation is negotiated, arbitrated or judicially determined; (c) the Company, if requested by the Insured, shall submit the dispute to binding arbitration in accordance with Clause 21.26 of this Policy. Any negotiated, arbitrated or judicially determined allocation of Defence Cost on account of a Claim shall be applied retroactively to all Defence Cost on account of such Claim, notwithstanding any prior advancement to the contrary. Any allocation or advancement of Defence Cost on account of a Claim shall not apply to or create any presumption with respect to the allocation of other Loss on account of such Claim.

Appears in 3 contracts

Samples: Directors & Officers Liability Insurance Policy, Directors & Officers Liability Insurance Policy, Directors & Officers Liability Insurance Policy

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Extended Reporting Period. In A. An EXTENDED REPORTING PERIOD means the event of non-renewal or cancellation of this Policy, either by one (1) year period immediately following the Company for any reason other than for non payment of premium or by the Insured, the Company will allow a time limit not exceeding 30 days from the date of expiry or cancellation end of the Policy, provided no insurance POLICY PERIOD. Any CLAIM which is in force during this extended reporting period for first made and reported against the same interest, but only for notification of claims for any Wrongful Act which had taken place INSURED during the Period EXTENDED REPORTING PERIOD because of Insurance but claims thereof could not be made during a WRONGFUL EMPLOYMENT ACT which occurred after the Policy Period. In case Insured request Retroactive Date and prior to the extended reporting period to be longer than thirty (30) days, the same may be agreed and the Company shall receive the written notice of such election by the Insured together with payment end of the additional premium due within thirty (30) days following the effective date of termination or nonrenewal. All claims made during the extended reporting period POLICY PERIOD shall be handled as if they were deemed to have been made on the last day of the expiring POLICY PERIOD. B. The coverage otherwise afforded under this Policy Period and are will be extended to apply to the EXTENDED REPORTING PERIOD, subject to the Limit all of Indemnity and the terms, conditions conditions, limitations and exceptions endorsements of this Policy, for CLAIMS first made and reported against any INSURED during the EXTENDED REPORTING PERIOD for WRONGFUL EMPLOYMENT ACTS occurring subsequent to the Retroactive Date and before the expiration of the PolicyPOLICY PERIOD. C. The additional premium for the EXTENDED REPORTING PERIOD will be the amount set forth in Item 7 of the Declarations. The extended reporting periodCOMPANY must notify the INSURER in writing of the decision to purchase an EXTENDED REPORTING PERIOD, and must pay the additional premium, within thirty (30) days after the end of the POLICY PERIOD. Payment of the full additional premium by the due date is a condition precedent to the right to purchase an EXTENDED REPORTING PERIOD. a. does not extend D. The maximum aggregate Limit of Liability set forth in Item 3 of the Declarations shall be the maximum aggregate Limit of Liability for the POLICY PERIOD and, if applicable, the EXTENDED REPORTING PERIOD. The maximum aggregate Limit of Liability of the Policy Period is not increased, reinstated or change renewed as a result of the scope applicability of coverage provided;any EXTENDED REPORTING PERIOD. b. does not reinstate E. The EXTENDED REPORTING PERIOD will apply only if this Policy is canceled by either the COMPANY or increase the Limit of Indemnity; c. does not apply INSURER pursuant to claims that are covered under any subsequent insurance the Insured purchaseSection VIII, or that would be covered but not renewed by the INSURER for exhaustion of the amount of insurance applicable to such claims. The offer of renewal term and conditions or premiums different from those in effect prior to renewal shall not constitute refusal to renew. 12 CROSS LIABILTY Where Insured comprises of more than one entity or person, each entity or person indemnified is separately indemnified in respect of claims made against any of them by any other person or party (reason other than the named Insured) subject to the Company's total liability not exceeding the Limit nonpayment of Indemnity stated in the Policy Schedule. 13 DEFENCE COST Subject to all of a premium or Retention, or noncompliance with the terms and conditions of this insurance the Company will pay all costs, fees and expenses incurred Policy by the Insured with prior consent COMPANY. An increase in premium or other changes in the terms and conditions of this coverage shall not constitute a non-renewal for the purpose of this provision. The EXTENDED REPORTING PERIOD may not be canceled. F. In the event of the Company in purchase of the investigation, defence or settlement of any claim made against the Insured and the costs of representation at any inquest, inquiry or other proceedings in respect of matters which have a direct relevance to any claim made or which might be made against the Insured, provided such claim or claims are the subject of indemnity by the Policy. Such costs, fees and expenses are called `Defence Cost' and it shall serve to reduce the Limit of Indemnity of this Policy as stated in the Policy Schedule. The Company’s obligations hereunder end when the Company has used up the applicable Limit of Indemnity. 14 ADVANCEMENT OF DEFENCE COST In case Loss covered by this Policy and loss not covered by this Policy both are incurred, either because a Claim against the Insured Persons includes both covered and uncovered matters or because a Claim is made against both an Insured Person and others, including the Insured OrganisationEXTENDED REPORTING PERIOD, the Insured and the Company entire premium shall allocate such amount between covered Loss and uncovered loss based upon the relative legal exposures of such parties to such mattersbe deemed earned at its commencement. If the Insured and EXTENDED REPORTING PERIOD is terminated before its full term for any reason, the Company agree on an allocation of Defence Cost the Company shall advance on a current basis Defence Cost allocated to covered Loss. If the Insured and the Company cannot agree on an allocation: (a) no presumption as to allocation shall exist in any arbitration, suit or other proceeding; (b) the Company shall advance on a current basis Defence Cost which the Company believes to be covered under this Policy until a different allocation is negotiated, arbitrated or judicially determined; (c) the Company, if requested by the Insured, shall submit the dispute to binding arbitration in accordance with Clause 21.26 of this Policy. Any negotiated, arbitrated or judicially determined allocation of Defence Cost on account of a Claim shall be applied retroactively to all Defence Cost on account of such Claim, notwithstanding any prior advancement to the contrary. Any allocation or advancement of Defence Cost on account of a Claim INSURER shall not apply be liable to or create return any presumption with respect to portion of the allocation of other Loss on account of such Claimpremium paid for the EXTENDED REPORTING PERIOD.

Appears in 3 contracts

Samples: Employment Practices Liability Insurance Policy, Employment Practices Liability Insurance Policy, Employment Practices Liability Insurance Policy

Extended Reporting Period. In If the event of non-renewal Insured does not renew or cancellation of replace this Policyinsurance, either by or if the Company Insurer cancels or refuses to renew this policy for any reason reasons other than for non payment the nonpayment of premium or by Deductible or noncompliance with the Insuredterms and conditions of this policy or fraud or material misrepresentation, upon the payment of an additional premium, the Company will allow Insured shall have the option to extend the period by which a time limit Claim can be made against the Insured and reported to the Insurer. The Insured’s right to purchase the Optional Extended Reporting Period must be exercised by notice in writing not exceeding 30 later than thirty (30) days from after the cancellation or termination date of expiry or cancellation of this policy. Effective notice must indicate the Policy, provided no insurance is in force during this extended reporting period for total Optional Extended Reporting Period desired AND MUST INCLUDE PAYMENT OF PREMIUM FOR SUCH PERIOD. If such notice and the same interest, but only for notification of claims for any Wrongful Act which had taken place during the Period of Insurance but claims thereof could premium are not be made during the Policy Period. In case Insured request the extended reporting period mailed to be longer than us within thirty (30) days, then the same may shall not at a later date be agreed and entitled to purchase an Optional Extended Reporting Period The premium for the Company Optional Extended Reporting Period shall receive the written notice of such election be determined by the Insured together with payment charging (1) 100% of the additional annual premium due within thirty for twelve (3012) days following the effective date months, (2) 135% for twenty-four (24) months, or (3) 180% for thirty- six (36) months. The purchase of termination or nonrenewal. All claims made during the extended reporting period an Optional Extended Reporting Period shall be handled as if they were made on the last day of the expiring Policy Period and are subject to the Limit of Indemnity and the terms, conditions and exceptions of the Policyendorsed herein. The extended reporting period a. does not extend fact that the Policy Period or change the scope of coverage provided; b. does not reinstate or increase the Limit of Indemnity; c. does not apply to claims that are covered under any subsequent insurance the Insured purchase, or that would period during which Claims can be covered but for exhaustion of the amount of insurance applicable to such claims. The offer of renewal term and conditions or premiums different from those in effect prior to renewal shall not constitute refusal to renew. 12 CROSS LIABILTY Where Insured comprises of more than one entity or person, each entity or person indemnified is separately indemnified in respect of claims made against any of them by any other person or party (other than the named Insured) subject to the Company's total liability not exceeding the Limit of Indemnity stated in the Policy Schedule. 13 DEFENCE COST Subject to all of the terms and conditions of this insurance the Company will pay all costs, fees and expenses incurred by the Insured with prior consent of the Company in the investigation, defence or settlement of any claim made against the Insured and reported to the costs Insurer is extended by virtue of representation at the Optional Extended Reporting Period shall not in any inquestway increase the Limits of Liability as shown in Item 3 of the Declarations of this policy. At the commencement of any Optional Extended Reporting Period, inquiry the entire premium therefore shall be deemed fully earned, and in the event the Insured terminates the Optional Extended Reporting Period before its term for any reason, we shall not be obligated to return to you any portion of the premium. The Insurer’s liability shall further be limited to cover only those Claims or other proceedings in respect Claim Expenses which arise out of matters which have a direct relevance the Insured providing or failing to provide Professional Services prior to the expiration date of the Policy Period or any claim made earlier termination date, if applicable, and prior to the Optional Extended Reporting Period. Bringing of suits by more than one person or which might be made against organization does not increase the Insured, provided such claim or claims are the subject of indemnity by the Policy. Such costs, fees and expenses are called `Defence Cost' and it shall serve to reduce the ’s Limit of Indemnity Liability. Two or more Claims arising out of this Policy a single negligent act, error or omission or a series of related negligent acts, errors or omissions shall be treated as stated in the Policy Schedule. The Company’s obligations hereunder end when the Company has used up the applicable a single Claim, and shall be subject to one Limit of IndemnityLiability and only one Deductible. 14 ADVANCEMENT OF DEFENCE COST In case Loss covered by this Policy and loss not covered by this Policy both are incurredAll such Claims, either because a Claim against whenever made, shall be considered first made on the Insured Persons includes both covered and uncovered matters or because a Claim is made against both an Insured Person and others, including the Insured Organisation, the Insured and the Company shall allocate such amount between covered Loss and uncovered loss based upon the relative legal exposures of such parties to such matters. If the Insured and the Company agree date on an allocation of Defence Cost the Company shall advance on a current basis Defence Cost allocated to covered Loss. If the Insured and the Company cannot agree on an allocation: (a) no presumption as to allocation shall exist in any arbitration, suit or other proceeding; (b) the Company shall advance on a current basis Defence Cost which the Company believes to be covered under this Policy until a different allocation is negotiated, arbitrated or judicially determined; (c) the Company, if requested by the Insured, shall submit the dispute to binding arbitration in accordance with Clause 21.26 of this Policy. Any negotiated, arbitrated or judicially determined allocation of Defence Cost on account of a earliest Claim shall be applied retroactively to all Defence Cost on account of such Claim, notwithstanding any prior advancement to the contrary. Any allocation or advancement of Defence Cost on account of a Claim shall not apply to or create any presumption with respect to the allocation of other Loss on account of such Claimwas first made.

Appears in 2 contracts

Samples: Architects and Engineers Professional Liability Coverage Form, Architects and Engineers Professional Liability Coverage Form

Extended Reporting Period. A. In the event of cancellation or non-renewal or cancellation of this Policy, either insurance by the Company for any reason other than for non payment Named Insured designated in Item 1. of premium the Declarations, or by the InsuredUnderwriters, the Company will allow a time limit Named Insured shall have the right, upon payment in full and not exceeding 30 days from the date of expiry proportionally or cancellation otherwise in part of the Policypercentage shown in Item 6.a. of the Declarations of the full Premium set forth in item 5 of the Declarations, provided no insurance is in force during this extended reporting period to have issued an endorsement providing an Extended Reporting Period for the same interest, but only period of time set forth in Item 6.b. for notification of claims for Claims first made against any Wrongful Act which had taken place during the Period of Insurance but claims thereof could not be made Insured during the Policy Period and reported in writing to the Underwriters during the Extended Reporting Period, and arising out of any act, error or omission, incidents or events committed on or after the Retroactive Date and before the end of the Policy Period subject to the conditions set forth herein. In case order for the Named Insured request to invoke the extended reporting period to be longer than thirty (30) daysExtended Reporting Period option, the same may be agreed and the Company shall receive the written notice of such election by the Insured together with payment of the additional premium due set forth herein must be paid to the Underwriters within thirty (30) days following of the effective date non-renewal or cancellation. B. The Limit of termination or nonrenewal. All claims made during Liability for the extended reporting period Extended Reporting Period shall be handled as if they were made on the last day of the expiring Policy Period part of, and are subject not in addition to the Underwriters’ Limit of Indemnity and the terms, conditions and exceptions of the Policy. The extended reporting period a. does not extend Liability for the Policy Period or change the scope of coverage provided; b. does not reinstate or increase the Limit of Indemnity; c. for each tower. The Extended Reporting Period does not apply to claims that are covered under any subsequent insurance Insuring Agreement I.C. C. The quotation by the Insured purchase, Underwriters of a different premium or that would be covered but Deductible or Limit of Liability or changes in Policy language for exhaustion the purpose of the amount of insurance applicable to such claims. The offer of renewal term and conditions or premiums different from those in effect prior to renewal shall not constitute a refusal to renew. 12 CROSS LIABILTY Where Insured comprises of more than one entity or person, each entity or person indemnified is separately indemnified in respect of claims made against any of them renew by any other person or party (other than the named Insured) subject Underwriters. D. The right to the Company's total liability Extended Reporting Period shall not exceeding be available to the Limit of Indemnity stated in the Policy Schedule. 13 DEFENCE COST Subject to all of the terms and conditions of this insurance the Company will pay all costs, fees and expenses incurred Named Insured where cancellation or non-renewal by the Underwriters is due to non-payment of premium or failure of an Insured with prior consent to pay such amounts in excess of the Company in the investigation, defence or settlement of any claim made against the Insured and the costs of representation at any inquest, inquiry or other proceedings in respect of matters which have a direct relevance to any claim made or which might be made against the Insured, provided such claim or claims are the subject of indemnity by the Policy. Such costs, fees and expenses are called `Defence Cost' and it shall serve to reduce the Limit of Indemnity of this Policy as stated in the Policy Schedule. The Company’s obligations hereunder end when the Company has used up the applicable Limit of Indemnity. 14 ADVANCEMENT OF DEFENCE COST In case Loss covered by this Policy Liability or within the applicable Deductible. E. All notices and loss not covered by this Policy both are incurred, either because a Claim against the Insured Persons includes both covered and uncovered matters or because a Claim is made against both an Insured Person and others, including the Insured Organisation, the Insured and the Company shall allocate such amount between covered Loss and uncovered loss based upon the relative legal exposures of such parties to such matters. If the Insured and the Company agree on an allocation of Defence Cost the Company shall advance on a current basis Defence Cost allocated to covered Loss. If the Insured and the Company cannot agree on an allocation: (a) no presumption as to allocation shall exist in any arbitration, suit or other proceeding; (b) the Company shall advance on a current basis Defence Cost which the Company believes to be covered under this Policy until a different allocation is negotiated, arbitrated or judicially determined; (c) the Company, if requested by the Insured, shall submit the dispute to binding arbitration in accordance with Clause 21.26 of this Policy. Any negotiated, arbitrated or judicially determined allocation of Defence Cost on account of a Claim shall be applied retroactively to all Defence Cost on account of such Claim, notwithstanding any prior advancement to the contrary. Any allocation or advancement of Defence Cost on account of a Claim shall not apply to or create any presumption premium payments with respect to the allocation Extended Reporting Period shall be directed to the Underwriters through the entity named in Item 8. of other Loss on account the Declarations. F. At the commencement of such Claimthe Extended Reporting Period, the entire premium shall be deemed earned, and in the event the Named Insured terminates the Extended Reporting Period for any reason prior to its natural expiration, the Underwriters will not be liable to return any premium paid for the Extended Reporting Period.

Appears in 2 contracts

Samples: Miscellaneous Medical Professional Liability Insurance, Miscellaneous Medical Professional Liability Insurance

Extended Reporting Period. With respect to the Liability Coverage Parts: (A) If this Policy does not renew or otherwise terminates for a reason other than for failure to pay premium (each a “Termination of Coverage”), then an Insured shall have the right to purchase an Extended Reporting Period for the Additional Period and Additional Premium set forth in Item 5 of the GTC Declarations. (B) In the event of non-renewal or cancellation a Termination of this Policy, either by the Company for any reason other than for non payment of premium or by the Coverage and upon request from an Insured, the Company will allow shall, in its sole discretion, provide a time limit not exceeding 30 days from the date of expiry or cancellation quote for Additional Periods other than as set forth in Item 5, Extended Reporting Period, of the Policy, provided no insurance is in force during this extended reporting period for the same interest, but only for notification of claims for any Wrongful Act which had taken place during the Period of Insurance but claims thereof could not GTC Declarations. Any such additional quote offered shall be made during the Policy Period. In case Insured request the extended reporting period subject to be longer than thirty (30) days, the same may be agreed and such Additional Premium as the Company shall receive the written notice of such election by the Insured together with payment of the additional premium due within thirty may require. (30C) days following the effective date of termination or nonrenewal. All claims made during the extended reporting period shall be handled as if they were made on the last day of the expiring Policy Period and are subject to the Limit of Indemnity and the terms, conditions and exceptions of the Policy. The extended reporting period a. does not extend the Policy Period or change the scope of coverage provided; b. does not reinstate or increase the Limit of Indemnity; c. does not apply to claims that are covered under any subsequent insurance the Insured purchase, or that would be covered but for exhaustion of the amount of insurance applicable to such claims. The offer of renewal term terms and conditions or premiums different from those in effect prior to renewal shall not constitute refusal to renew. 12 CROSS LIABILTY Where Insured comprises . (D) This right to purchase an Extended Reporting Period shall lapse unless written notice of more than one entity or personelection to purchase the Extended Reporting Period, each entity or person indemnified is separately indemnified in respect of claims made against any of them by any other person or party (other than the named Insured) subject to the Company's total liability not exceeding the Limit of Indemnity stated in the Policy Schedule. 13 DEFENCE COST Subject to all together with payment of the terms and conditions of this insurance applicable Additional Premium, is received by the Company will pay all costs, fees and expenses incurred by within sixty (60) days after the Insured with prior consent effective date of the Company in the investigationTermination of Coverage. (E) If an Extended Reporting Period is purchased, defence or settlement of any claim made against the Insured and the costs of representation at any inquest, inquiry or other proceedings in respect of matters which have a direct relevance to any claim made or which might be made against the Insured, provided such claim or claims are the subject of indemnity by the Policy. Such costs, fees and expenses are called `Defence Cost' and it shall serve to reduce the Limit of Indemnity of this Policy as stated in the Policy Schedule. The Company’s obligations hereunder end when the Company has used up the applicable Limit of Indemnity. 14 ADVANCEMENT OF DEFENCE COST In case Loss covered then coverage otherwise afforded by this Policy shall be extended to apply to Claims: (1) first made during such Extended Reporting Period; and loss not covered by this Policy both are incurred, either because a Claim against the Insured Persons includes both covered and uncovered matters or because a Claim is made against both an Insured Person and others, including the Insured Organisation, the Insured and (2) reported to the Company shall allocate pursuant to the Reporting section of the applicable Coverage Part, but only to the extent such amount between covered Loss and uncovered loss based upon Claims are for Wrongful Acts before the relative legal exposures effective date of such parties Termination of Coverage or the date of any conversion of coverage described in Section VI, Changes in Exposure, whichever is earlier. Any Claim made during the Extended Reporting Period shall be deemed to such matters. If have been made during the Insured and Policy Year immediately preceding the Company agree on an allocation of Defence Cost the Company shall advance on a current basis Defence Cost allocated to covered Loss. If the Insured and the Company cannot agree on an allocation:Extended Reporting Period. (aF) no presumption as to allocation The entire premium for the Extended Reporting Period shall exist in any arbitration, suit or other proceeding;be deemed fully earned at the inception of such Extended Reporting Period. (bG) The limit of liability for the Company shall advance on a current basis Defence Cost which Extended Reporting Period is part of and not in addition to any maximum aggregate limit of liability for the Company believes to be covered under this Policy until a different allocation is negotiated, arbitrated or judicially determined; (c) Year immediately preceding the Company, if requested by the Insured, shall submit the dispute to binding arbitration in accordance with Clause 21.26 of this Policy. Any negotiated, arbitrated or judicially determined allocation of Defence Cost on account of a Claim shall be applied retroactively to all Defence Cost on account of such Claim, notwithstanding any prior advancement to the contrary. Any allocation or advancement of Defence Cost on account of a Claim shall not apply to or create any presumption with respect to the allocation of other Loss on account of such ClaimExtended Reporting Period.

Appears in 2 contracts

Samples: Insurance Policy, Insurance Policy

Extended Reporting Period. In 1. The State of Nebraska will have the event of non-renewal right to purchase an Extended Reporting Period, as described below, if: a. This policy or cancellation of coverage is canceled or not renewed; or b. We renew or replace this Policy, either by the Company for any reason other coverage with insurance that: 1) Has a Retroactive Date later than for non payment of premium or by the Insured, the Company will allow a time limit not exceeding 30 days from the date of expiry or cancellation of stated in the Policy, provided no insurance is Common Policy Declarations; or 2) Does not apply to XXXXXX CARE LIABILITY as granted in force during this extended reporting period for the same interest, but only for notification of claims for any Wrongful Act which had taken place during the Period of Insurance but claims thereof could not be made during the Policy Period. In case Insured request the extended reporting period to be longer than thirty (30) days, the same may be agreed and the Company shall receive the written notice of such election by the Insured together with payment of the additional premium due within thirty (30) days following the effective date of termination or nonrenewal. All claims made during the extended reporting period shall be handled as if they were made endorsement on the last day of the expiring Policy Period and are subject to the Limit of Indemnity and the terms, conditions and exceptions of the Policya Claims- Made basis. 2. The extended reporting period a. Extended Reporting Period does not extend the Policy Period policy period or change the scope of coverage provided. It applies only to claims for XXXXXX CARE LIABILITY as granted in this endorsement that were first committed before the end of the policy period but not before the Retroactive Date stated in this endorsement. Once in effect, the Extended Reporting Period may not be cancelled. 3. An Extended Reporting Period of two years is available, but only by endorsement and for an extra premium. The State of Nebraska must give us a written request for the Extended Reporting Period within 60 days after the end of the policy period. The Extended Reporting Period will not go into effect unless The State of Nebraska pays the additional premium promptly when due. We will determine the additional premium in accordance with our rules and rates. In doing so, we may take into account the following: a. The State of Nebraska’s claims experience for XXXXXX CARE LIABILITY; b. Previous types and amounts of insurance; c. Limits of insurance available under this coverage for future payment of damages; and d. Other related factors. The additional premium will not exceed 100% of the annual premium for this coverage for each year of the Extended Reporting Period. The Extended Reporting Period endorsement applicable to this coverage shall set forth the terms, not inconsistent with this coverage, applicable to the Extended Reporting Period, including a provision stating that the insurance afforded for claims first received during such period is excess over any other valid and collectible insurance available under policies in force after the Extended Reporting Period starts. 4. The Extended Reporting Period does not reinstate or increase the Limit Limits of Indemnity; c. does not apply to claims that are covered under any subsequent insurance the Insured purchase, or that would be covered but for exhaustion of the amount of insurance applicable to such claims. The offer of renewal term and conditions or premiums different from those in effect prior to renewal shall not constitute refusal to renew. 12 CROSS LIABILTY Where Insured comprises of more than one entity or person, each entity or person indemnified is separately indemnified in respect of claims made against any of them by any other person or party (other than the named Insured) subject to the Company's total liability not exceeding the Limit of Indemnity stated in the Policy Schedule. 13 DEFENCE COST Subject to all of the terms and conditions Insurance of this insurance the Company will pay all costs, fees and expenses incurred by the Insured with prior consent of the Company in the investigation, defence or settlement of any claim made against the Insured and the costs of representation at any inquest, inquiry or other proceedings in respect of matters which have a direct relevance to any claim made or which might be made against the Insured, provided such claim or claims are the subject of indemnity by the Policy. Such costs, fees and expenses are called `Defence Cost' and it shall serve to reduce the Limit of Indemnity of this Policy as stated in the Policy Schedule. The Company’s obligations hereunder end when the Company has used up the applicable Limit of Indemnity. 14 ADVANCEMENT OF DEFENCE COST In case Loss covered by this Policy and loss not covered by this Policy both are incurred, either because a Claim against the Insured Persons includes both covered and uncovered matters or because a Claim is made against both an Insured Person and others, including the Insured Organisation, the Insured and the Company shall allocate such amount between covered Loss and uncovered loss based upon the relative legal exposures of such parties to such matters. If the Insured and the Company agree on an allocation of Defence Cost the Company shall advance on a current basis Defence Cost allocated to covered Loss. If the Insured and the Company cannot agree on an allocation: (a) no presumption as to allocation shall exist in any arbitration, suit or other proceeding; (b) the Company shall advance on a current basis Defence Cost which the Company believes to be covered under this Policy until a different allocation is negotiated, arbitrated or judicially determined; (c) the Company, if requested by the Insured, shall submit the dispute to binding arbitration in accordance with Clause 21.26 of this Policy. Any negotiated, arbitrated or judicially determined allocation of Defence Cost on account of a Claim shall be applied retroactively to all Defence Cost on account of such Claim, notwithstanding any prior advancement to the contrary. Any allocation or advancement of Defence Cost on account of a Claim shall not apply to or create any presumption with respect to the allocation of other Loss on account of such ClaimEndorsement.

Appears in 1 contract

Samples: Service Agreement

Extended Reporting Period. A. In the event of cancellation or non-renewal or cancellation of this Policy, either insurance by the Company for any reason other than for non payment Named Insured designated in Item 1. of premium the Declarations, or by the InsuredUnderwriters, the Company will allow a time limit Named Insured shall have the right, upon payment in full and not exceeding 30 days from the date of expiry proportionally or cancellation otherwise in part of the Policypercentage shown in Item 6.a. of the Declarations of the full Premium set forth in item 5 of the Declarations, provided no insurance is in force during this extended reporting period to have issued an endorsement providing an Extended Reporting Period for the same interest, but only period of time set forth in Item 6.b. for notification of claims for Claims first made against any Wrongful Act which had taken place during the Period of Insurance but claims thereof could not be made Insured during the Policy Period and reported in writing to the Underwriters during the Extended Reporting Period, and arising out of any act, error or omission, Accident, failure of Computer Security, Security Breach, incidents or events committed on or after the Retroactive Date and before the end of the Policy Period subject to the conditions set forth herein. In case order for the Named Insured request to invoke the extended reporting period to be longer than thirty (30) daysExtended Reporting Period option, the same may be agreed and the Company shall receive the written notice of such election by the Insured together with payment of the additional premium due set forth herein must be paid to the Underwriters within thirty (30) days following of the effective date non-renewal or cancellation. B. The Limit of termination or nonrenewal. All claims made during Liability for the extended reporting period Extended Reporting Period shall be handled as if they were made on part of, and not in addition to, the last day of the expiring Policy Period and are subject to the Underwriters’ Limit of Indemnity and Liability for the terms, conditions and exceptions of the PolicyPolicy Period. The extended reporting period a. does not extend the Policy Extended Reporting Period or change the scope of coverage provided; b. does not reinstate or increase the Limit of Indemnity; c. does not apply to claims that are covered under any subsequent insurance Insuring Agreement I.G. C. The quotation by the Insured purchase, Underwriters of a different premium or that would be covered but Deductible or Limit of Liability or changes in Policy language for exhaustion the purpose of the amount of insurance applicable to such claims. The offer of renewal term and conditions or premiums different from those in effect prior to renewal shall not constitute a refusal to renew. 12 CROSS LIABILTY Where Insured comprises of more than one entity or person, each entity or person indemnified is separately indemnified in respect of claims made against any of them renew by any other person or party (other than the named Insured) subject Underwriters. D. The right to the Company's total liability Extended Reporting Period shall not exceeding be available to the Limit of Indemnity stated in the Policy Schedule. 13 DEFENCE COST Subject to all of the terms and conditions of this insurance the Company will pay all costs, fees and expenses incurred Named Insured where cancellation or non-renewal by the Underwriters is due to non-payment of premium or failure of an Insured with prior consent to pay such amounts in excess of the Company in the investigation, defence or settlement of any claim made against the Insured and the costs of representation at any inquest, inquiry or other proceedings in respect of matters which have a direct relevance to any claim made or which might be made against the Insured, provided such claim or claims are the subject of indemnity by the Policy. Such costs, fees and expenses are called `Defence Cost' and it shall serve to reduce the Limit of Indemnity of this Policy as stated in the Policy Schedule. The Company’s obligations hereunder end when the Company has used up the applicable Limit of Indemnity. 14 ADVANCEMENT OF DEFENCE COST In case Loss covered by this Policy Liability or within the applicable Deductible. E. All notices and loss not covered by this Policy both are incurred, either because a Claim against the Insured Persons includes both covered and uncovered matters or because a Claim is made against both an Insured Person and others, including the Insured Organisation, the Insured and the Company shall allocate such amount between covered Loss and uncovered loss based upon the relative legal exposures of such parties to such matters. If the Insured and the Company agree on an allocation of Defence Cost the Company shall advance on a current basis Defence Cost allocated to covered Loss. If the Insured and the Company cannot agree on an allocation: (a) no presumption as to allocation shall exist in any arbitration, suit or other proceeding; (b) the Company shall advance on a current basis Defence Cost which the Company believes to be covered under this Policy until a different allocation is negotiated, arbitrated or judicially determined; (c) the Company, if requested by the Insured, shall submit the dispute to binding arbitration in accordance with Clause 21.26 of this Policy. Any negotiated, arbitrated or judicially determined allocation of Defence Cost on account of a Claim shall be applied retroactively to all Defence Cost on account of such Claim, notwithstanding any prior advancement to the contrary. Any allocation or advancement of Defence Cost on account of a Claim shall not apply to or create any presumption premium payments with respect to the allocation Extended Reporting Period shall be directed to the Underwriters through the entity named in Item 8. of other Loss on account the Declarations. F. At the commencement of such Claimthe Extended Reporting Period, the entire premium shall be deemed earned, and in the event the Named Insured terminates the Extended Reporting Period for any reason prior to its natural expiration, the Underwriters will not be liable to return any premium paid for the Extended Reporting Period.

Appears in 1 contract

Samples: Insurance Policy

Extended Reporting Period. In If the event of non-renewal Insured does not renew or cancellation of replace this Policyinsurance, either by or if the Company Insurer cancels or refuses to renew this policy for any reason reasons other than for non payment the nonpayment of premium or by deductible or noncompliance with the Insuredterms and conditions of this policy or fraud or material misrepresentation, upon the payment of an additional premium, the Company will allow Insured shall have the option to extend the period by which a time limit Claim can be made against the Insured and reported to the Insurer. The Insured’s right to purchase the Optional Extended Reporting Period must be exercised by notice in writing not exceeding 30 later than thirty (30) days from after the cancellation or termination date of expiry or cancellation of this policy. Effective notice must indicate the Policy, provided no insurance is in force during this extended reporting period for total Optional Extended Reporting Period desired AND MUST INCLUDE PAYMENT OF PREMIUM FOR SUCH PERIOD. If such notice and the same interest, but only for notification of claims for any Wrongful Act which had taken place during the Period of Insurance but claims thereof could premium are not be made during the Policy Period. In case Insured request the extended reporting period mailed to be longer than us within thirty (30) days, then the same may shall not at a later date be agreed and entitled to purchase an Optional Extended Reporting Period The premium for the Company Optional Extended Reporting Period shall receive the written notice of such election be determined by the Insured together with payment charging (1) 100% of the additional annual premium due within thirty for twelve (3012) days following the effective date months, (2) 135% for twenty-four (24) months, or (3) 180% for thirty- six (36) months. The purchase of termination or nonrenewal. All claims made during the extended reporting period an Optional Extended Reporting Period shall be handled as if they were made on the last day of the expiring Policy Period and are subject to the Limit of Indemnity and the terms, conditions and exceptions of the Policyendorsed herein. The extended reporting period a. does not extend fact that the Policy Period or change the scope of coverage provided; b. does not reinstate or increase the Limit of Indemnity; c. does not apply to claims that are covered under any subsequent insurance the Insured purchase, or that would period during which Claims can be covered but for exhaustion of the amount of insurance applicable to such claims. The offer of renewal term and conditions or premiums different from those in effect prior to renewal shall not constitute refusal to renew. 12 CROSS LIABILTY Where Insured comprises of more than one entity or person, each entity or person indemnified is separately indemnified in respect of claims made against any of them by any other person or party (other than the named Insured) subject to the Company's total liability not exceeding the Limit of Indemnity stated in the Policy Schedule. 13 DEFENCE COST Subject to all of the terms and conditions of this insurance the Company will pay all costs, fees and expenses incurred by the Insured with prior consent of the Company in the investigation, defence or settlement of any claim made against the Insured and reported to the costs Insurer is extended by virtue of representation at the Optional Extended Reporting Period shall not in any inquestway increase the Limits of Liability as shown in Item 3 of the Declarations of this policy. At the commencement of any Optional Extended Reporting Period, inquiry the entire premium therefore shall be deemed fully earned, and in the event the Insured terminates the Optional Extended Reporting Period before its term for any reason, we shall not be obligated to return to you any portion of the premium. The Insurer’s liability shall further be limited to cover only those Claims or other proceedings in respect Claim Expenses which arise out of matters which have a direct relevance the Insured providing or failing to provide Professional Services prior to the expiration date of the Policy Period or any claim made earlier termination date, if applicable, and prior to the Optional Extended Reporting Period. Bringing of suits by more than one person or which might be made against organization does not increase the Insured, provided such claim or claims are the subject of indemnity by the Policy. Such costs, fees and expenses are called `Defence Cost' and it shall serve to reduce the ’s Limit of Indemnity Liability. Two or more Claims arising out of this Policy a single negligent act, error or omission or a series of related negligent acts, errors or omissions shall be treated as stated in the Policy Schedule. The Company’s obligations hereunder end when the Company has used up the applicable a single Claim, and shall be subject to one Limit of IndemnityLiability and only one deductible. 14 ADVANCEMENT OF DEFENCE COST In case Loss covered by this Policy and loss not covered by this Policy both are incurredAll such Claims, either because a Claim against whenever made, shall be considered first made on the Insured Persons includes both covered and uncovered matters or because a Claim is made against both an Insured Person and others, including the Insured Organisation, the Insured and the Company shall allocate such amount between covered Loss and uncovered loss based upon the relative legal exposures of such parties to such matters. If the Insured and the Company agree date on an allocation of Defence Cost the Company shall advance on a current basis Defence Cost allocated to covered Loss. If the Insured and the Company cannot agree on an allocation: (a) no presumption as to allocation shall exist in any arbitration, suit or other proceeding; (b) the Company shall advance on a current basis Defence Cost which the Company believes to be covered under this Policy until a different allocation is negotiated, arbitrated or judicially determined; (c) the Company, if requested by the Insured, shall submit the dispute to binding arbitration in accordance with Clause 21.26 of this Policy. Any negotiated, arbitrated or judicially determined allocation of Defence Cost on account of a earliest Claim shall be applied retroactively to all Defence Cost on account of such Claim, notwithstanding any prior advancement to the contrary. Any allocation or advancement of Defence Cost on account of a Claim shall not apply to or create any presumption with respect to the allocation of other Loss on account of such Claimwas first made.

Appears in 1 contract

Samples: Contractors Professional Liability Coverage Form

Extended Reporting Period. In the event of non-renewal or cancellation of If this Policy, either by the Company Policy is canceled for any reason other than for non non-payment of premium or is not renewed by the InsuredUnderwriter or the Principal Firm, the Company will allow a an additional period of time limit not exceeding 30 days from the date of expiry or cancellation of the Policy, provided no insurance is during which Claims may be reported under this Policy (an “Extended Reporting Period”) shall be made available as described in force during this extended reporting period for the same interestCONDITION (J), but any such Extended Reporting Period shall only apply to Claims for notification of claims for any Wrongful Act which had taken place during the Period of Insurance but claims thereof could not be made during the Policy Period. In case Insured request the extended reporting period to be longer than thirty (30) days, the same may be agreed and the Company shall receive the written notice of such election by the Insured together with payment of the additional premium due within thirty (30) days following Employment Acts committed or allegedly committed before the effective date of termination such cancellation or nonrenewalnon- renewal (“Termination Date”) or the effective date of any event described in CONDITION (H)(2), whichever is earlier. All claims No Extended Reporting Period shall in any way increase the Underwriter’s Limits of Liability stated in ITEM 3 of the Declarations, and the Underwriter’s Limit of Liability for all Claims first made during the extended reporting period any Extended Reporting Period shall be handled as if they were made on part of, and not in addition to, the last day Underwriter’s maximum aggregate Limit of Liability stated in ITEM 3(b) of the expiring Policy Period and are subject to the Limit of Indemnity and the terms, conditions and exceptions of the Policy. The extended reporting period a. does not extend the Policy Period or change the scope of coverage provided; b. does not reinstate or increase the Limit of Indemnity; c. does not apply to claims that are covered under any subsequent insurance the Insured purchase, or that would be covered but for exhaustion of the amount of insurance applicable to such claimsDeclarations. The offer of renewal term and conditions terms, conditions, limits of liability, retentions or premiums premium different from those in effect prior to renewal shall not constitute cancellation or refusal to renew. 12 CROSS LIABILTY Where Insured comprises of more than one entity or person, each entity or person indemnified is separately indemnified in respect of claims made against any of them by any other person or party (other than the named Insured) subject to the Company's total liability not exceeding the Limit of Indemnity stated in the Policy Schedule. 13 DEFENCE COST Subject to all of the terms and conditions renew for purposes of this insurance the Company will pay all costs, fees and expenses incurred by the Insured with prior consent of the Company in the investigation, defence or settlement of any claim made against the Insured and the costs of representation at any inquest, inquiry or other proceedings in respect of matters which have a direct relevance to any claim made or which might be made against the Insured, provided such claim or claims are the subject of indemnity by the Policy. Such costs, fees and expenses are called `Defence Cost' and it shall serve to reduce the Limit of Indemnity of this Policy as stated in the Policy ScheduleCONDITION (J). The Company’s obligations hereunder end when the Company has used up the applicable Limit of Indemnity. 14 ADVANCEMENT OF DEFENCE COST In case Loss covered by this Policy and loss not covered by this Policy both are incurred, either because a Claim against the Insured Persons includes both covered and uncovered matters or because a Claim is made against both an Insured Person and others, including the Insured Organisation, the Insured and the Company shall allocate such amount between covered Loss and uncovered loss based upon the relative legal exposures of such parties to such matters. If the Insured and the Company agree on an allocation of Defence Cost the Company shall advance on a current basis Defence Cost allocated to covered Loss. If the Insured and the Company cannot agree on an allocationExtended Reporting Period will apply as follows: (a1) An Extended Reporting Period of sixty (60) days, beginning as of the Termination Date, will apply automatically and requires no presumption additional premium; provided, that such Extended Reporting Period will remain in effect only as long as no other policy of insurance is in effect that would apply to allocation shall exist in any arbitration, suit or other proceeding;Claim made during such Extended Reporting Period. (b2) The Principal Firm may purchase an additional Extended Reporting Period for one of the Company shall advance on a current basis Defence Cost which periods of time stated in ITEM 7 of the Company believes Declarations by notifying the Underwriter in writing of its intention to be covered under do so no later than thirty (30) days after the Termination Date. The additional premium for this Policy until a different allocation is negotiated, arbitrated or judicially determined; (c) the Company, if requested by the Insured, shall submit the dispute to binding arbitration in accordance with Clause 21.26 of this Policy. Any negotiated, arbitrated or judicially determined allocation of Defence Cost on account of a Claim additional Extended Reporting Period shall be applied retroactively to all Defence Cost on account of such Claim, notwithstanding any prior advancement equal to the contraryapplicable amount stated in ITEM 7 of the Declarations and must be paid no later than thirty (30) days after the Termination Date. Any allocation If no election to purchase an additional Extended Reporting Period is made as described in CONDITION (J)(2) above, or advancement of Defence Cost on account of a Claim shall if the additional premium for any such Extended Reporting Period is not apply paid within thirty (30) days after the Termination Date, there will be no right to or create purchase an additional Extended Reporting Period at any presumption with respect to the allocation of other Loss on account of such Claimlater time.

Appears in 1 contract

Samples: Employment Practices Liability Insurance Policy

Extended Reporting Period. In A. If the event of non-renewal Insurer or cancellation of Named Sponsor terminates or does not renew this Policy, either by the Company for any reason Policy (other than for non failure to pay a premium when due), the Named Sponsor shall have the right, upon payment of premium or by the Insured, the Company will allow a time limit not exceeding 30 days from the date of expiry or cancellation of the Policy, provided no insurance is in force during this additional extended reporting period premium set forth in Item 6B of the Declarations, to a continuation of the coverage granted by this Policy for an extended reporting period of one year (“Extended Reporting Period”) following the same interesteffective date of such termination or nonrenewal, but only for notification of claims for any Wrongful Act which had taken place during the Period of Insurance but claims thereof could not be with respect to Claims first made during the Policy PeriodExtended Reporting Period and arising from Wrongful Acts taking place prior to the effective date of such termination or nonrenewal. In case Insured request This right to continue coverage shall lapse unless the extended reporting period to be longer than thirty (30) days, the same may be agreed and the Company shall receive the Named Sponsor gives written notice of such election by and pays the Insured together with payment of Extended Reporting Period premium to the additional premium due Insurer within thirty (30) 30 days following the effective date of termination or nonrenewal. All claims made during A change in policy terms, conditions, exclusions and/or premiums shall not be considered a nonrenewal for purposes of triggering the extended reporting period rights to the Extended Reporting Period. B. The Extended Reporting Period is not cancelable and the entire premium for the Extended Reporting Period shall be handled as deemed fully earned and non-refundable upon payment. C. The Limit of Liability applicable to the Extended Reporting Period, if they were made on the last day elected, shall be part of the expiring Policy Period and are subject not in addition to the Limit of Indemnity Liability and the terms, conditions and exceptions Sublimit of Liability shown in Item 3 of the PolicyDeclarations for the immediately preceding Policy Period. The extended reporting period a. does purchase of the Extended Reporting Period shall not extend increase or reinstate the Limit of Liability or the Sublimit of Liability, which shall be the maximum liability of the Insurer for the Policy Period or change the scope of coverage provided; b. does not reinstate or increase the Limit of Indemnity; c. does not apply to claims that are covered under any subsequent insurance the Insured purchaseand Extended Reporting Period, or that would be covered but for exhaustion of the amount of insurance applicable to such claims. The offer of renewal term and conditions or premiums different from those in effect prior to renewal shall not constitute refusal to renew. 12 CROSS LIABILTY Where Insured comprises of more than one entity or person, each entity or person indemnified is separately indemnified in respect of claims made against any of them by any other person or party (other than the named Insured) subject to the Company's total liability not exceeding the Limit of Indemnity stated in the Policy Schedule. 13 DEFENCE COST Subject to all of the terms and conditions of this insurance the Company will pay all costs, fees and expenses incurred by the Insured with prior consent of the Company in the investigation, defence or settlement of any claim made against the Insured and the costs of representation at any inquest, inquiry or other proceedings in respect of matters which have a direct relevance to any claim made or which might be made against the Insured, provided such claim or claims are the subject of indemnity by the Policy. Such costs, fees and expenses are called `Defence Cost' and it shall serve to reduce the Limit of Indemnity of this Policy as stated in the Policy Schedule. The Company’s obligations hereunder end when the Company has used up the applicable Limit of Indemnity. 14 ADVANCEMENT OF DEFENCE COST In case Loss covered by this Policy and loss not covered by this Policy both are incurred, either because a Claim against the Insured Persons includes both covered and uncovered matters or because a Claim is made against both an Insured Person and others, including the Insured Organisation, the Insured and the Company shall allocate such amount between covered Loss and uncovered loss based upon the relative legal exposures of such parties to such matters. If the Insured and the Company agree on an allocation of Defence Cost the Company shall advance on a current basis Defence Cost allocated to covered Loss. If the Insured and the Company cannot agree on an allocation: (a) no presumption as to allocation shall exist in any arbitration, suit or other proceeding; (b) the Company shall advance on a current basis Defence Cost which the Company believes to be covered under this Policy until a different allocation is negotiated, arbitrated or judicially determined; (c) the Company, if requested by the Insured, shall submit the dispute to binding arbitration in accordance with Clause 21.26 of this Policy. Any negotiated, arbitrated or judicially determined allocation of Defence Cost on account of a Claim shall be applied retroactively to all Defence Cost on account of such Claim, notwithstanding any prior advancement to the contrary. Any allocation or advancement of Defence Cost on account of a Claim shall not apply to or create any presumption with respect to the allocation of other Loss on account of such Claimcombined.

Appears in 1 contract

Samples: Fiduciary Liability Policy

Extended Reporting Period. In A. If the event of non-renewal Insurer or cancellation of the Named Insured terminates or does not renew this Policy, either by the Company for any reason Policy (other than for non failure to pay a premium when due), the Named Insured shall have the right, upon payment of the additional premium or described below, to a continuation of the coverage granted by this Policy for the Insured, Extended Reporting Period of one year following the Company will allow a time limit not exceeding 30 days from the effective date of expiry such termination or cancellation of the Policy, provided no insurance is in force during this extended reporting period for the same interestnonrenewal, but only for notification of claims for any Wrongful Act which had taken place during the Period of Insurance but claims thereof could not be with respect to Claims first made during the Policy PeriodExtended Reporting Period and arising from Wrongful Acts taking place prior to the effective date of such termination or nonrenewal. In case Insured request the extended reporting period This right to be longer than thirty (30) days, the same may be agreed and the Company continue coverage shall receive the lapse unless written notice of such election is given by the Named Insured together with payment of to the additional premium due Insurer within thirty (30) 30 days following the effective date of termination or nonrenewal. All claims made during A change in policy terms, conditions, exclusions and/or premiums shall not be considered a nonrenewal for purposes of triggering the extended reporting period rights to the Extended Reporting Period . B. The Insurer shall give the Named Insured notice of the premium due for the Extended Reporting Period as soon as practicable following the date the Named Insured gives such notice of such election and such premium shall be handled as if they were made on paid by the last day Named Insured to the Insurer within 10 days following the date of such notice by the Insurer of the expiring Policy premium due. The Extended Reporting Period is not cancelable and are subject the entire premium for the Extended Reporting Period shall be deemed fully earned and non-refundable upon payment. C. The Limit of Liability applicable to the Extended Reporting Period, if elected, shall be part of and not in addition to the Limit of Indemnity Liability shown in Item 3, and the termsSublimit of Liability shown in Item 7, conditions and exceptions of the PolicyDeclarations for the immediately preceding Policy Period. The extended reporting period a. does purchase of the Extended Reporting Period shall not extend increase or reinstate the Limit of Liability or the Sublimit of Liability, which shall be the maximum liability of the Insurer for the Policy Period or change the scope of coverage provided; b. does not reinstate or increase the Limit of Indemnity; c. does not apply to claims that are covered under any subsequent insurance the Insured purchaseand Extended Reporting Period, or that would be covered but for exhaustion of the amount of insurance applicable to such claims. The offer of renewal term and conditions or premiums different from those in effect prior to renewal shall not constitute refusal to renew. 12 CROSS LIABILTY Where Insured comprises of more than one entity or person, each entity or person indemnified is separately indemnified in respect of claims made against any of them by any other person or party (other than the named Insured) subject to the Company's total liability not exceeding the Limit of Indemnity stated in the Policy Schedule. 13 DEFENCE COST Subject to all of the terms and conditions of this insurance the Company will pay all costs, fees and expenses incurred by the Insured with prior consent of the Company in the investigation, defence or settlement of any claim made against the Insured and the costs of representation at any inquest, inquiry or other proceedings in respect of matters which have a direct relevance to any claim made or which might be made against the Insured, provided such claim or claims are the subject of indemnity by the Policy. Such costs, fees and expenses are called `Defence Cost' and it shall serve to reduce the Limit of Indemnity of this Policy as stated in the Policy Schedule. The Company’s obligations hereunder end when the Company has used up the applicable Limit of Indemnity. 14 ADVANCEMENT OF DEFENCE COST In case Loss covered by this Policy and loss not covered by this Policy both are incurred, either because a Claim against the Insured Persons includes both covered and uncovered matters or because a Claim is made against both an Insured Person and others, including the Insured Organisation, the Insured and the Company shall allocate such amount between covered Loss and uncovered loss based upon the relative legal exposures of such parties to such matters. If the Insured and the Company agree on an allocation of Defence Cost the Company shall advance on a current basis Defence Cost allocated to covered Loss. If the Insured and the Company cannot agree on an allocation: (a) no presumption as to allocation shall exist in any arbitration, suit or other proceeding; (b) the Company shall advance on a current basis Defence Cost which the Company believes to be covered under this Policy until a different allocation is negotiated, arbitrated or judicially determined; (c) the Company, if requested by the Insured, shall submit the dispute to binding arbitration in accordance with Clause 21.26 of this Policy. Any negotiated, arbitrated or judicially determined allocation of Defence Cost on account of a Claim shall be applied retroactively to all Defence Cost on account of such Claim, notwithstanding any prior advancement to the contrary. Any allocation or advancement of Defence Cost on account of a Claim shall not apply to or create any presumption with respect to the allocation of other Loss on account of such Claimcombined.

Appears in 1 contract

Samples: Management Liability Policy

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Extended Reporting Period. This Clause applies to coverages afforded under this Policy on a Claims Made and Reported Basis and on an Incident or loss Discovered and Reported Basis. A. In the event of cancellation or non-renewal or cancellation of this Policy, either insurance by the Company for any reason other than for non payment Named Insured designated in Item 1. of premium the Declarations, or by the InsuredUnderwriters, the Company will allow a time limit Named Insured shall have the right, upon payment in full and not exceeding 30 days from the date of expiry proportionally or cancellation otherwise in part of the Policypercentage shown in Item 7. of the Declarations of the full Premium set forth in item 6 of the Declarations. In these circumstances, provided no insurance is in force during this extended reporting period the Underwriters will issue an endorsement providing an Extended Reporting Period for the same interest, but only period of time set forth in Item 7. for notification of claims for Claims first made against any Wrongful Act which had taken place during the Period of Insurance but claims thereof could not be made Insured during the Policy Period and reported in writing to the Underwriters during the Extended Reporting Period, and arising out of any act, error or omission, Accident, failure of Computer Security, Security Breach, incidents or events committed on or after the Retroactive Date and before the end of the Policy Period subject to the conditions set forth herein. In case order for the Named Insured request to invoke the extended reporting period to be longer than thirty (30) daysExtended Reporting Period option, the same may be agreed and the Company shall receive the written notice of such election by the Insured together with payment of the additional premium due set forth herein must be paid to the Underwriters within thirty (30) days following of the effective date non- renewal or cancellation. B. The Limit of termination or nonrenewal. All claims made during Liability for the extended reporting period Extended Reporting Period shall be handled as if they were made on part of, and not in addition to, the last day of the expiring Underwriters’ Policy Period and are subject to the Aggregate Limit of Indemnity and the terms, conditions and exceptions of the Policy. The extended reporting period a. does not extend Liability for the Policy Period or change set forth in Item 4.5. of the scope of coverage provided; b. does not reinstate or increase the Limit of Indemnity; c. Declarations. The Extended Reporting Period does not apply to claims that are covered under any subsequent insurance Insuring Agreement I.J. C. The quotation by the Insured purchase, Underwriters of a different premium or that would be covered but Deductible or Limit of Liability or changes in Policy language for exhaustion the purpose of the amount of insurance applicable to such claims. The offer of renewal term and conditions or premiums different from those in effect prior to renewal shall not constitute a refusal to renew. 12 CROSS LIABILTY Where Insured comprises of more than one entity or person, each entity or person indemnified is separately indemnified in respect of claims made against any of them renew by any other person or party (other than the named Insured) subject Underwriters. D. The right to the Company's total liability Extended Reporting Period shall not exceeding be available to the Limit of Indemnity stated in the Policy Schedule. 13 DEFENCE COST Subject to all of the terms and conditions of this insurance the Company will pay all costs, fees and expenses incurred Named Insured where cancellation or non-renewal by the Underwriters is due to non-payment of premium or failure of an Insured with prior consent to pay such amounts in excess of the Company in the investigation, defence or settlement of any claim made against the Insured and the costs of representation at any inquest, inquiry or other proceedings in respect of matters which have a direct relevance to any claim made or which might be made against the Insured, provided such claim or claims are the subject of indemnity by the Policy. Such costs, fees and expenses are called `Defence Cost' and it shall serve to reduce the Limit of Indemnity of this Policy as stated in the Policy Schedule. The Company’s obligations hereunder end when the Company has used up the applicable Limit of Indemnity. 14 ADVANCEMENT OF DEFENCE COST In case Loss covered by this Policy Liability or within the applicable Deductible. E. All notices and loss not covered by this Policy both are incurred, either because a Claim against the Insured Persons includes both covered and uncovered matters or because a Claim is made against both an Insured Person and others, including the Insured Organisation, the Insured and the Company shall allocate such amount between covered Loss and uncovered loss based upon the relative legal exposures of such parties to such matters. If the Insured and the Company agree on an allocation of Defence Cost the Company shall advance on a current basis Defence Cost allocated to covered Loss. If the Insured and the Company cannot agree on an allocation: (a) no presumption as to allocation shall exist in any arbitration, suit or other proceeding; (b) the Company shall advance on a current basis Defence Cost which the Company believes to be covered under this Policy until a different allocation is negotiated, arbitrated or judicially determined; (c) the Company, if requested by the Insured, shall submit the dispute to binding arbitration in accordance with Clause 21.26 of this Policy. Any negotiated, arbitrated or judicially determined allocation of Defence Cost on account of a Claim shall be applied retroactively to all Defence Cost on account of such Claim, notwithstanding any prior advancement to the contrary. Any allocation or advancement of Defence Cost on account of a Claim shall not apply to or create any presumption premium payments with respect to the allocation Extended Reporting Period shall be directed to the Underwriters through the entity named in Item 9.2. of other Loss on account the Declarations. F. At the commencement of such Claimthe Extended Reporting Period, the entire premium shall be deemed earned, and in the event the Named Insured terminates the Extended Reporting Period for any reason prior to its natural expiration, the Underwriters will not be liable to return any premium paid for the Extended Reporting Period.

Appears in 1 contract

Samples: Insurance Policy

Extended Reporting Period. In a. If the event Insurers cancel or refuse to renew this Policy, the Named Insured shall have the right to purchase an Extended Reporting Period to apply to Claims first made against the Insured and reported to the Insurers during the Extended Reporting Period. The additional premium charged shall be calculated as follows: · 1 year @ 100% of the annual premium · 2 years @ 125% of the annual premium · 3 years @ 150% of the annual premium but only with respect to Claims arising out of Wrongful Acts committed before the date of such cancellation or non-renewal. This Extended Reporting Period is subject to all other terms, conditions, limitations and endorsements of this Policy. b. If the Named Insured cancels or fails to renew this Policy, the Named Insured shall have the right to purchase an Extended Reporting Period to apply to Claims first made against the Insured and reported to the Insurers during the Extended Reporting Period. The additional premium charged shall be calculated as follows: · 1 year @ 125% of the annual premium · 2 years @ 150% of the annual premium · 3 years @ 175% of the annual premium but only with respect to Claims arising out of Wrongful Acts committed before the date of such cancellation or non-renewal. This Extended Reporting Period is subject to all other terms, conditions, limitations of and any endorsements to this Policy. As a condition precedent to the Named Insured's right to purchase the Extended Reporting Period, the full premium for this Policy and Policy Period must have been paid. The Named Insured's right to purchase the Extended Reporting Period must be exercised by notice in writing received by the Insurers not later than 30 days following the non-renewal or cancellation date of this Policy, either by the Company for any reason other than for non and must include, within that same 30-day period, payment of premium or by for the Insuredapplicable Extended Reporting Period. If such notice is not so given to the Insurers, the Company will allow Named Insured shall not, at a time limit not exceeding 30 days from later date, be able to exercise such right. At the date commencement of expiry or cancellation any Extended Reporting Period, the entire premium thereafter shall be deemed earned. The Limits of the Policy, provided no insurance is in force during this extended reporting period Liability for the same interestExtended Reporting Period shall be part of, but only for notification of claims for any Wrongful Act which had taken place during the Period of Insurance but claims thereof could and not be made during the Policy Period. In case Insured request the extended reporting period to be longer than thirty (30) daysin addition to, the same may be agreed and Limits of Liability for the Company shall receive the written notice of such election by the Insured together with payment of the additional premium due within thirty (30) days following the effective date of termination or nonrenewal. All claims made during the extended reporting period shall be handled as if they were made on the last day of the expiring Policy Period and are subject to the Limit of Indemnity and the terms, conditions and exceptions of the Policy. The extended reporting policy period a. does not extend the Policy Period or change the scope of coverage provided; b. does not reinstate or increase the Limit of Indemnity; c. does not apply to claims that are covered under any subsequent insurance the Insured purchase, or that would be covered but for exhaustion of the amount of insurance applicable to such claims. The offer of renewal term and conditions or premiums different from those in effect prior to renewal shall not constitute refusal to renew. 12 CROSS LIABILTY Where Insured comprises of more than one entity or person, each entity or person indemnified is separately indemnified in respect of claims made against any of them by any other person or party (other than the named Insured) subject to the Company's total liability not exceeding the Limit of Indemnity stated in the Policy Schedule. 13 DEFENCE COST Subject to all of the terms and conditions of this insurance the Company will pay all costs, fees and expenses incurred by the Insured with prior consent of the Company in the investigation, defence or settlement of any claim made against the Insured and the costs of representation at any inquest, inquiry or other proceedings in respect of matters which have a direct relevance to any claim made or which might be made against the Insured, provided such claim or claims are the subject of indemnity by the Policy. Such costs, fees and expenses are called `Defence Cost' and it shall serve to reduce the Limit of Indemnity of this Policy as stated in the Policy Schedule. The Company’s obligations hereunder end when the Company has used up the applicable Limit of Indemnity. 14 ADVANCEMENT OF DEFENCE COST In case Loss covered by this Policy and loss not covered by this Policy both are incurred, either because a Claim against the Insured Persons includes both covered and uncovered matters or because a Claim is made against both an Insured Person and others, including the Insured Organisation, the Insured and the Company shall allocate such amount between covered Loss and uncovered loss based upon the relative legal exposures of such parties to such matters. If the Insured and the Company agree on an allocation of Defence Cost the Company shall advance on a current basis Defence Cost allocated to covered Loss. If the Insured and the Company cannot agree on an allocation: (a) no presumption as to allocation shall exist in any arbitration, suit or other proceeding; (b) the Company shall advance on a current basis Defence Cost which the Company believes to be covered under this Policy until a different allocation is negotiated, arbitrated or judicially determined; (c) the Company, if requested by the Insured, shall submit the dispute to binding arbitration in accordance with Clause 21.26 of this Policy. Any negotiated, arbitrated or judicially determined allocation of Defence Cost on account of a Claim shall be applied retroactively to all Defence Cost on account of such Claim, notwithstanding any prior advancement to the contrary. Any allocation or advancement of Defence Cost on account of a Claim shall not apply to or create any presumption with respect to the allocation of other Loss on account of such Claim.

Appears in 1 contract

Samples: Professional Liability Insurance Policy

Extended Reporting Period. In A. If the event of Underwriters cancel or non-renewal or cancellation of renews this Policy, either by policy the Company for any reason other than for non payment of premium or by the Insured, the Company will allow INSURED can report a time limit not exceeding 30 days from the date of expiry or cancellation of the Policy, provided no insurance is in force during this extended reporting period for the same interest, but only for notification of claims for any Wrongful Act which had taken place during the Period of Insurance but claims thereof could not be CLAIM first made during the Policy policy period within fifteen (15) days after the effective date of the cancellation or non-renewal. B. If the Underwriters or the Named Insured cancels or non-renews this policy, the Named Insured will have the right to extend the time past the end of the POLICY PERIOD for reporting any CLAIM made against an INSURED for an additional twelve (12) months at 100% of the expiring premium; twenty-four (24) months at 175% of the expiring premium; or thirty-six (36) months at 225% of the expiring premium. C. The option described in B. above applies only to CLAIMs otherwise covered by this policy that are first made against the INSURED during the policy period and first reported to the Underwriters during the policy period or the Extended Reporting Period. In case Coverage for CLAIMs first made during the policy period and first reported during the policy period or Extended Reporting Period applies only to a CLAIM for an act, error, omission or PERSONAL INJURY that occurred prior to the end of the POLICY PERIOD and on or after the RETROACTIVE DATE, if any. D. This right to purchase the Extended Reporting Endorsement is subject to the following conditions: 1. This policy was non-renewed for reasons other than non-payment of premium; 2. Any deductible amounts due the Underwriters must be paid by the INSURED; 3. The Named Insured request the extended reporting period to be longer than thirty (30) days, the same may be agreed and the Company shall receive the must send written notice to the Underwriters of such election the intention to purchase the Extended Reporting Endorsement accompanied by the Insured together with additional premium. Written notice and premium payment of must be received by the additional premium due Underwriters within thirty (30) days following after the effective termination date of termination the POLICY PERIOD; 4. Separate or nonrenewalnew limits do not apply to the Extended Reporting Period. All claims made during In no event will the extended Underwriters be required to make any payment for CLAIMs or CLAIMS EXPENSES that exceed the balance of the limit of liability in effect at the time the policy is terminated; 5. This option to extend the reporting period shall be handled as if they were made on the last day of the expiring Policy Period and are subject to the Limit of Indemnity and the terms, conditions and exceptions of the Policy. The extended reporting period a. does not extend the Policy Period or change the scope of coverage providedPOLICY PERIOD; b. does 6. This option is not reinstate available if any INSURED’s license or increase the Limit of Indemnity; c. does not apply right to claims that are covered under any subsequent insurance the Insured purchasepractice his or her profession is revoked by, suspended by, or that would be covered but for exhaustion of the amount of insurance applicable to such claims. The offer of renewal term and conditions or premiums different from those in effect prior to renewal shall not constitute refusal to renew. 12 CROSS LIABILTY Where Insured comprises of more than one entity or person, each entity or person indemnified is separately indemnified in respect of claims made against any of them by any other person or party (other than the named Insured) subject to the Company's total liability not exceeding the Limit of Indemnity stated in the Policy Schedule. 13 DEFENCE COST Subject to all of the terms and conditions of this insurance the Company will pay all costs, fees and expenses incurred by the Insured with prior consent of the Company in the investigation, defence or settlement of any claim made against the Insured and the costs of representation at any inquest, inquiry or other proceedings in respect of matters which have a direct relevance surrendered to any claim made court or which might be made against the Insured, provided such claim or claims are the subject of indemnity by the Policyregulatory agency 7. Such costs, fees and expenses are called `Defence Cost' and it shall serve to reduce the Limit of Indemnity of Premium for this Policy as stated in the Policy Schedule. The Company’s obligations hereunder end option is fully earned when the Company has used up the applicable Limit of Indemnity. 14 ADVANCEMENT OF DEFENCE COST In case Loss covered by this Policy and loss not covered by this Policy both are incurred, either because a Claim against the Insured Persons includes both covered and uncovered matters or because a Claim is made against both an Insured Person and others, including the Insured Organisation, the Insured and the Company shall allocate such amount between covered Loss and uncovered loss based upon the relative legal exposures of such parties to such matters. If the Insured and the Company agree on an allocation of Defence Cost the Company shall advance on a current basis Defence Cost allocated to covered Loss. If the Insured and the Company cannot agree on an allocation: (a) no presumption as to allocation shall exist in any arbitration, suit or other proceeding; (b) the Company shall advance on a current basis Defence Cost which the Company believes to be covered under this Policy until a different allocation is negotiated, arbitrated or judicially determined; (c) the Company, if requested by the Insured, shall submit the dispute to binding arbitration in accordance with Clause 21.26 of this Policy. Any negotiated, arbitrated or judicially determined allocation of Defence Cost on account of a Claim shall be applied retroactively to all Defence Cost on account of such Claim, notwithstanding any prior advancement to the contrary. Any allocation or advancement of Defence Cost on account of a Claim shall not apply to or create any presumption with respect to the allocation of other Loss on account of such Claimreceived.

Appears in 1 contract

Samples: Lawyers Professional Liability Insurance Policy

Extended Reporting Period. In a. If the event Insurers cancel or refuse to renew this Policy, the Named Insured shall have the right to purchase an Extended Reporting Period to apply to Claims first made against the Insured and reported to the Insurers during the Extended Reporting Period. The additional premium charged shall be calculated as follows: · 1 year @ 125% of the annual premium · 2 years @ 150% of the annual premium · 3 years @ 175% of the annual premium but only with respect to Claims arising out of Wrongful Acts committed before the date of such cancellation or non-renewal. This Extended Reporting Period is subject to all other terms, conditions, limitations and endorsements of this Policy. b. If the Named Insured cancels or fails to renew this Policy, the Named Insured shall have the right to purchase an Extended Reporting Period to apply to Claims first made against the Insured and reported to the Insurers during the Extended Reporting Period. The additional premium charged shall be calculated as follows: · 1 year @ 125% of the annual premium · 2 years @ 150% of the annual premium · 3 years @ 200% of the annual premium but only with respect to Claims arising out of Wrongful Acts committed before the date of such cancellation or non-renewal. This Extended Reporting Period is subject to all other terms, conditions, limitations of and any endorsements to this Policy. As a condition precedent to the Named Insured's right to purchase the Extended Reporting Period, the full premium for this Policy and Policy Period must have been paid. The Named Insured's right to purchase the Extended Reporting Period must be exercised by notice in writing received by the Insurers not later than 30 days following the non-renewal or cancellation date of this Policy, either by the Company for any reason other than for non and must include, within that same 30-day period, payment of premium or by for the Insuredapplicable Extended Reporting Period. If such notice is not so given to the Insurers, the Company will allow Named Insured shall not, at a time limit not exceeding 30 days from later date, be able to exercise such right. At the date commencement of expiry or cancellation any Extended Reporting Period, the entire premium thereafter shall be deemed earned. The Limits of the Policy, provided no insurance is in force during this extended reporting period Liability for the same interestExtended Reporting Period shall be part of, but only and not in addition to, the Limits of Liability for notification of claims for any Wrongful Act which had taken place during the Period of Insurance but claims thereof could not be made during the Policy Period. In case Insured request the extended reporting period to be longer than thirty (30) days, the same may be agreed and the Company shall receive the written notice of such election by the Insured together with payment of the additional premium due within thirty (30) days following the effective date of termination or nonrenewal. All claims made during the extended reporting period shall be handled as if they were made on the last day of the expiring Policy Period and are subject to the Limit of Indemnity and the terms, conditions and exceptions of the Policy. The extended reporting period a. does not extend the Policy Period or change the scope of coverage provided; b. does not reinstate or increase the Limit of Indemnity; c. does not apply to claims that are covered under any subsequent insurance the Insured purchase, or that would be covered but for exhaustion of the amount of insurance applicable to such claims. The offer of renewal term and conditions or premiums different from those in effect prior to renewal shall not constitute refusal to renew. 12 CROSS LIABILTY Where Insured comprises of more than one entity or person, each entity or person indemnified is separately indemnified in respect of claims made against any of them by any other person or party (other than the named Insured) subject to the Company's total liability not exceeding the Limit of Indemnity stated in the Policy Schedule. 13 DEFENCE COST Subject to all of the terms and conditions of this insurance the Company will pay all costs, fees and expenses incurred by the Insured with prior consent of the Company in the investigation, defence or settlement of any claim made against the Insured and the costs of representation at any inquest, inquiry or other proceedings in respect of matters which have a direct relevance to any claim made or which might be made against the Insured, provided such claim or claims are the subject of indemnity by the Policy. Such costs, fees and expenses are called `Defence Cost' and it shall serve to reduce the Limit of Indemnity of this Policy as stated in the Policy Schedule. The Company’s obligations hereunder end when the Company has used up the applicable Limit of Indemnity. 14 ADVANCEMENT OF DEFENCE COST In case Loss covered by this Policy and loss not covered by this Policy both are incurred, either because a Claim against the Insured Persons includes both covered and uncovered matters or because a Claim is made against both an Insured Person and others, including the Insured Organisation, the Insured and the Company shall allocate such amount between covered Loss and uncovered loss based upon the relative legal exposures of such parties to such matters. If the Insured and the Company agree on an allocation of Defence Cost the Company shall advance on a current basis Defence Cost allocated to covered Loss. If the Insured and the Company cannot agree on an allocation: (a) no presumption as to allocation shall exist in any arbitration, suit or other proceeding; (b) the Company shall advance on a current basis Defence Cost which the Company believes to be covered under this Policy until a different allocation is negotiated, arbitrated or judicially determined; (c) the Company, if requested by the Insured, shall submit the dispute to binding arbitration in accordance with Clause 21.26 of this Policy. Any negotiated, arbitrated or judicially determined allocation of Defence Cost on account of a Claim shall be applied retroactively to all Defence Cost on account of such Claim, notwithstanding any prior advancement to the contrary. Any allocation or advancement of Defence Cost on account of a Claim shall not apply to or create any presumption with respect to the allocation of other Loss on account of such Claim.

Appears in 1 contract

Samples: Real Estate Services Professional Liability Insurance Policy

Extended Reporting Period. In If the event Insurers cancel or refuse to renew this Policy, the Named Insured shall have the right to purchase an Extended Reporting Period to apply to Claims first made against the Insured and reported to the Insurers during the Extended Reporting Period for a period of one year for an additional premium of 100% of the total annual premium, but only with respect to Claims arising out of Wrongful Acts committed before the date of such cancellation or non-renewal. This Extended Reporting Period is subject to all other terms, conditions, limitations and endorsements of this Policy. If the Named Insured cancels or fails to renew this Policy, the Named Insured shall have the right to purchase an Extended Reporting Period to apply to Claims first made against the Insured and reported to the Insurers during the Extended Reporting Period for a period of one year for an additional premium of 125% of the total annual premium, but only with respect to Claims arising out of Wrongful Acts committed before the date of such cancellation or non-renewal. This Extended Reporting Period is subject to all other terms, conditions, limitations of and any endorsements to this Policy. As a condition precedent to the Named Insured's right to purchase the Extended Reporting Period, the full premium for this Policy and Policy Period must have been paid. The Named Insured's right to purchase the Extended Reporting Period must be exercised by notice in writing received by the Insurers not later than 30 days following the non-renewal or cancellation date of this Policy, either by the Company for any reason other than for non and must include, within that same 30-day period, payment of premium or by for the Insuredapplicable Extended Reporting Period. If such notice is not so given to the Insurers, the Company will allow Named Insured shall not, at a time limit not exceeding 30 days from later date, be able to exercise such right. At the date commencement of expiry or cancellation any Extended Reporting Period, the entire premium thereafter shall be deemed earned. The Limits of the Policy, provided no insurance is in force during this extended reporting period Liability for the same interestExtended Reporting Period shall be part of, but only and not in addition to, the Limits of Liability for notification of claims for any Wrongful Act which had taken place during the Period of Insurance but claims thereof could not be made during the Policy Period. In case Insured request the extended reporting period to be longer than thirty (30) days, the same may be agreed and the Company shall receive the written notice of such election by the Insured together with payment of the additional premium due within thirty (30) days following the effective date of termination or nonrenewal. All claims made during the extended reporting period shall be handled as if they were made on the last day of the expiring Policy Period and are subject to the Limit of Indemnity and the terms, conditions and exceptions of the Policy. The extended reporting period a. does not extend the Policy Period or change the scope of coverage provided; b. does not reinstate or increase the Limit of Indemnity; c. does not apply to claims that are covered under any subsequent insurance the Insured purchase, or that would be covered but for exhaustion of the amount of insurance applicable to such claims. The offer of renewal term and conditions or premiums different from those in effect prior to renewal shall not constitute refusal to renew. 12 CROSS LIABILTY Where Insured comprises of more than one entity or person, each entity or person indemnified is separately indemnified in respect of claims made against any of them by any other person or party (other than the named Insured) subject to the Company's total liability not exceeding the Limit of Indemnity stated in the Policy Schedule. 13 DEFENCE COST Subject to all of the terms and conditions of this insurance the Company will pay all costs, fees and expenses incurred by the Insured with prior consent of the Company in the investigation, defence or settlement of any claim made against the Insured and the costs of representation at any inquest, inquiry or other proceedings in respect of matters which have a direct relevance to any claim made or which might be made against the Insured, provided such claim or claims are the subject of indemnity by the Policy. Such costs, fees and expenses are called `Defence Cost' and it shall serve to reduce the Limit of Indemnity of this Policy as stated in the Policy Schedule. The Company’s obligations hereunder end when the Company has used up the applicable Limit of Indemnity. 14 ADVANCEMENT OF DEFENCE COST In case Loss covered by this Policy and loss not covered by this Policy both are incurred, either because a Claim against the Insured Persons includes both covered and uncovered matters or because a Claim is made against both an Insured Person and others, including the Insured Organisation, the Insured and the Company shall allocate such amount between covered Loss and uncovered loss based upon the relative legal exposures of such parties to such matters. If the Insured and the Company agree on an allocation of Defence Cost the Company shall advance on a current basis Defence Cost allocated to covered Loss. If the Insured and the Company cannot agree on an allocation: (a) no presumption as to allocation shall exist in any arbitration, suit or other proceeding; (b) the Company shall advance on a current basis Defence Cost which the Company believes to be covered under this Policy until a different allocation is negotiated, arbitrated or judicially determined; (c) the Company, if requested by the Insured, shall submit the dispute to binding arbitration in accordance with Clause 21.26 of this Policy. Any negotiated, arbitrated or judicially determined allocation of Defence Cost on account of a Claim shall be applied retroactively to all Defence Cost on account of such Claim, notwithstanding any prior advancement to the contrary. Any allocation or advancement of Defence Cost on account of a Claim shall not apply to or create any presumption with respect to the allocation of other Loss on account of such ClaimInsurance.

Appears in 1 contract

Samples: Professional Liability Insurance Policy

Extended Reporting Period. In A. Notwithstanding anything contained in any ‘extended reporting period’, ‘optional extended reporting period’ or ‘automatic extended reporting period’ (or any other similar provision) of the Primary Policy, in the event of cancellation or non-renewal of this Policy by the Underwriters, the Named Assured shall have the right, upon payment in full of 100% of the Premium set forth in Item 6 of the Declarations to have issued an endorsement providing a 12 month Extended Reporting Period for any claim or claims first made against the Assured and reported to the Underwriters during the Extended Reporting Period arising out of any negligent act, error or omission (or arising out of conduct covered in the Primary Policy) committed prior to the effective date of such cancellation or non-renewal and otherwise covered by this Insurance. B. In order for the Named Assured to invoke the Extended Reporting Period, the Named Assured must: 1. pay the additional premium for the Extended Reporting Period to the Underwriters within 30 days of the non-renewal or cancellation of this Policy, either and 2. purchase an extended reporting period under all Underlying Policies: (i) for a period of no less than 12 months from the cancellation or non-renewal date of this Policy, and (ii) with no reduction of the Underlying Policy Limits except for any reduction solely by payment of any claims or costs and expenses incurred in the defense or settlement of such claims. C. The Limit of Liability for the Extended Reporting Period shall be part of, and not in addition to, the Limit of Liability for the Period of Insurance. D. The quotation by the Company Underwriters of a different premium or retention or deductible or limit of liability or changes in policy language for any reason other than for non the purpose of renewal shall not constitute a refusal to renew. E. The right to the Extended Reporting Period shall not be available to the Named Assured where cancellation or non-renewal by the Underwriters is due to non-payment of premium or by the Insured, the Company will allow a time limit not exceeding 30 days from the date of expiry or cancellation failure of the Policy, provided no insurance is Assured to pay such amounts in force during this extended reporting period for the same interest, but only for notification excess of claims for any Wrongful Act which had taken place during the Period of Insurance but claims thereof could not be made during the Policy Period. In case Insured request the extended reporting period to be longer than thirty (30) days, the same may be agreed and the Company shall receive the written notice of such election by the Insured together with payment of the additional premium due within thirty (30) days following the effective date of termination or nonrenewal. All claims made during the extended reporting period shall be handled as if they were made on the last day of the expiring Policy Period and are subject to the Limit of Indemnity and the terms, conditions and exceptions of the Policy. The extended reporting period a. does not extend the Policy Period Liability or change the scope of coverage provided; b. does not reinstate or increase the Limit of Indemnity; c. does not apply to claims that are covered under any subsequent insurance the Insured purchase, or that would be covered but for exhaustion of within the amount of insurance the applicable retention or deductible or failure of the Assured to such claims. The offer of renewal term and conditions or premiums different from those in effect prior to renewal shall not constitute refusal to renew. 12 CROSS LIABILTY Where Insured comprises of more than one entity or person, each entity or person indemnified is separately indemnified in respect of claims made against any of them by any other person or party (other than the named Insured) subject to the Company's total liability not exceeding the Limit of Indemnity stated in the Policy Schedule. 13 DEFENCE COST Subject to all of comply with the terms and conditions of this insurance Policy. F. At the Company will pay all costs, fees and expenses incurred by the Insured with prior consent commencement of the Company Extended Reporting Period the entire premium shall be deemed fully earned and in the investigation, defence or settlement of event the Assured terminates the Extended Reporting Period for any claim made against the Insured and the costs of representation at any inquest, inquiry or other proceedings in respect of matters which have a direct relevance reason prior to any claim made or which might be made against the Insured, provided such claim or claims are the subject of indemnity by the Policy. Such costs, fees and expenses are called `Defence Cost' and it shall serve to reduce the Limit of Indemnity of this Policy as stated in the Policy Schedule. The Company’s obligations hereunder end when the Company has used up the applicable Limit of Indemnity. 14 ADVANCEMENT OF DEFENCE COST In case Loss covered by this Policy and loss not covered by this Policy both are incurred, either because a Claim against the Insured Persons includes both covered and uncovered matters or because a Claim is made against both an Insured Person and others, including the Insured Organisationits natural expiration, the Insured Underwriters will not be liable to return any premium paid for the Extended Reporting Period. G. All notices and the Company shall allocate such amount between covered Loss and uncovered loss based upon the relative legal exposures of such parties to such matters. If the Insured and the Company agree on an allocation of Defence Cost the Company shall advance on a current basis Defence Cost allocated to covered Loss. If the Insured and the Company cannot agree on an allocation: (a) no presumption as to allocation shall exist in any arbitration, suit or other proceeding; (b) the Company shall advance on a current basis Defence Cost which the Company believes to be covered under this Policy until a different allocation is negotiated, arbitrated or judicially determined; (c) the Company, if requested by the Insured, shall submit the dispute to binding arbitration in accordance with Clause 21.26 of this Policy. Any negotiated, arbitrated or judicially determined allocation of Defence Cost on account of a Claim shall be applied retroactively to all Defence Cost on account of such Claim, notwithstanding any prior advancement to the contrary. Any allocation or advancement of Defence Cost on account of a Claim shall not apply to or create any presumption premium payments with respect to the allocation Extended Reporting Period shall be directed to the Underwriters through the entity named in Item 9 of other Loss on account of such Claimthe Declarations.

Appears in 1 contract

Samples: Excess Liability Insurance Policy

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