Insured’s duties. 1. As conditions precedent to any rights under this Kidnap and Extortion Policy, upon Discovery of an Insured Event, the Insured shall: a. give oral or written notice as soon as practicable to the Crisis Response Firm and the Company at the addresses provided in ITEMS 5 and 3, respectively, of the Declarations; b. use all due diligence and do all things reasonably practicable to avoid or diminish any loss; and c. use all reasonable efforts to not disclose the existence of this Kidnap and Extortion Policy. 2. As additional conditions precedent to any rights under Insuring Agreements A. and B., and prior to the payment of any Xxxxxx Monies, the Insured shall: a. make every reasonable effort to determine that the Kidnapping or Extortion has actually occurred; b. have approved the payment of any Xxxxxx Monies; and c. make every reasonable effort to notify the Federal Bureau of Investigation or other law enforcement agency having jurisdiction thereover of the demand for Xxxxxx Monies, and comply with their recommendations and instructions, or allow the Crisis Response Firm set forth in ITEM 5 of the Declarations to so notify, while having regard for the personal safety of any Insured Person. 3. As additional conditions precedent to any rights under Insuring Agreement H., the Insured shall: a. not admit any liability for, or settle any claim, or incur any costs or expenses without the prior written authorization of the Company; b. notify the Company of any suit or legal proceeding at the earliest practicable time not to exceed sixty (60) days after the Insured’s receipt of notice thereof, and at the request of the Company promptly furnish it with copies of all pleadings and documentation associated with such suit or proceeding; c. defend any claim covered hereunder; provided, that the Company shall have no duty to defend any such claim and the Company shall have the right to participate with the Insured in the investigation, defense and settlement, including but not limited to the negotiation of a settlement of any claim that reasonably appears to be covered in whole or in part hereunder and the selection of appropriate defense counsel; and d. provide the Company with written request prior to any advance of amounts for costs and expenses with respect to any claim covered hereunder. Such advanced payments by the Company shall be repaid to the Company by the Insureds severally according to their respective interests in the event and to the extent that the Insureds shall not be entitled to payment of such costs and expenses hereunder. As a condition of any payment of costs and expenses under this Condition A.3., the Company may require a written undertaking on terms and conditions satisfactory to the Company guaranteeing the repayment of any costs or expenses paid to or on behalf of any Insured if it is finally determined that any such claim or portion of any claim is not covered hereunder.
Appears in 2 contracts
Samples: Kidnap and Extortion Policy, Kidnap and Extortion Policy
Insured’s duties. 1. As conditions precedent to any rights under this Kidnap and Extortion Xxxxxx Policy, upon Discovery of an Insured Event, the Insured shallwill:
a. give oral or written notice as soon as practicable to the Crisis Response Firm and the Company at the addresses provided in ITEMS 5 and 3, respectively, of the Declarations;
b. use all due diligence and do all things reasonably practicable to avoid or diminish any loss; and
c. use all reasonable efforts to not disclose the existence of this Kidnap and Extortion Xxxxxx Policy.
2. As additional conditions precedent to any rights under Insuring Agreements A. and B., and prior to the payment of any Xxxxxx Monies, the Insured shallwill:
a. make every reasonable effort to determine that the Kidnapping or Extortion has actually occurred;
b. have approved the payment of any Xxxxxx Monies; and
c. make every reasonable effort to notify the Federal Bureau of Investigation or other law enforcement agency having jurisdiction thereover of the demand for Xxxxxx Monies, and comply with their such agency’s recommendations and instructions, or allow the Crisis Response Firm set forth in ITEM 5 of the Declarations to so notify, while having regard for the personal safety of any Insured Person.
3. As additional conditions precedent to any rights under Insuring Agreement H., the Insured shallwill:
a. not admit any liability for, or settle any claim, or incur any costs or expenses without the prior written authorization of the Company;
b. notify the Company of any suit or legal proceeding at the earliest practicable time not to exceed sixty (60) 60 days after the Insured’s receipt of notice thereof, and at the request of the Company promptly furnish it with copies of all pleadings and documentation associated with such suit or proceeding;
c. defend any claim covered hereunder; provided, that the Company shall will have no duty to defend any such claim and the Company shall will have the right to participate with the Insured in the investigation, defense and settlement, including but not limited to the negotiation of a settlement of any claim that reasonably appears to be covered in whole or in part hereunder and the selection of appropriate defense counsel; and
d. provide the Company with written request prior to any advance of amounts for costs and expenses with respect to any claim covered hereunder. Such advanced payments by the Company shall will be repaid to the Company by the Insureds severally according to their respective interests Insured in the event and to the extent that the Insureds shall Insured will not be entitled to payment of such costs and expenses hereunder. As a condition of any payment of costs and expenses under this Condition A.3., the Company may require a written undertaking on terms and conditions satisfactory to the Company guaranteeing the repayment of any costs or expenses paid to or on behalf of any the Insured if it is finally determined that any such claim or portion of any claim is not covered hereunder.
Appears in 1 contract
Samples: Kidnap and Ransom Policy
Insured’s duties. 1. As conditions precedent to any rights under this Kidnap and Extortion Policy, upon Discovery of When an Insured Eventfirst becomes aware of facts that would cause a reasonable person to assume an Insured Event has occurred or will occur, the Insured shallwill:
a. give oral or written notice as soon as practicable to the Crisis Response Firm and the Company at the addresses provided in ITEMS 5 and 3, respectively, of the Declarations;
b. use all due diligence and do all things reasonably practicable to avoid or diminish any loss; andloss or expenses;
c. use all reasonable efforts not to not disclose the existence of this Kidnap and Extortion Xxxxxx Policy; and
d. give the Company assistance and cooperation as it may reasonably require.
2. As additional conditions precedent to any rights under Under Insuring Agreements A. A and B.B, and prior to the payment or surrender of any Xxxxxx MoniesXxxxxx, the Insured shallwill:
a. make every reasonable effort to determine that the Kidnapping or Extortion has actually occurredoccurred and is not a hoax;
b. have approved the payment of any Xxxxxx MoniesXxxxxx; and
c. make every reasonable effort to notify the Federal Bureau of Investigation Investigation, or other law enforcement agency having jurisdiction thereover thereover, of the demand for Xxxxxx MoniesXxxxxx, and comply with their such agency’s recommendations and instructions, or allow the Crisis Response Firm set forth in ITEM 5 of the Declarations to so notify, while having regard for the personal safety of any Insured Person.. SPECIMEN
3. As additional conditions precedent to any rights under Under Insuring Agreement H.H, the Insured shallwill:
a. not admit any liability for, for or settle any claim, or incur any costs or expenses expenses, without the prior written authorization of the Company;
b. notify the Company of any suit or legal proceeding at the earliest practicable time time, not to exceed sixty (60) 60 days after the Insured’s receipt of notice thereof, and at the request of the Company promptly furnish it with copies of all pleadings and documentation associated with such suit or proceeding;
c. defend any claim covered hereunder; provided, provided that the Company shall will have no duty to defend any such claim and the Company shall will have the right to participate with the Insured in the investigation, defense defense, and settlement, including but not limited to the negotiation of a settlement of any claim that reasonably appears to be covered in whole or in part hereunder hereunder, and the selection of appropriate defense counsel; and
d. provide the Company with written request prior to any advance of amounts for costs and expenses with respect to any claim covered hereunder. Such advanced payments by the Company shall will be repaid to the Company by the Insureds severally according to their respective interests Insured in the event and to the extent that the Insureds shall Insured is not be entitled to payment payments of such costs and expenses hereunder. As a condition of any payment of costs and expenses under this Condition A.3.. d, the Company may require a written undertaking on terms and conditions satisfactory to the Company guaranteeing the repayment of any costs or expenses paid to or on behalf of any the Insured if it is finally determined that any such claim claim, or portion of any claim claim, is not covered hereunder.
Appears in 1 contract
Samples: Kidnap and Ransom Policy