Loss Adjustment. (1) The Company and its affiliates shall not permit:
(A) Its sales agents, agency employees, or sales supervisors to be involved in loss adjustment activities in a county or adjoining county where the sales agent, agency employee, or sales supervisor performs sales functions (except receipt and transfer to the Company of a notice of loss) on behalf of any AIP.
(B) A relative of a sales agent, agency employee, or sales supervisor to be involved in loss adjustment activities in a county or adjoining county where the sales agent, agency employee, or sales supervisor performs sales functions (except receipt and transfer to the Company of a notice of loss) on behalf of the Company.
(2) Prohibited loss adjustment activities for all individuals referenced in paragraph (1)(A) and (B) include the following:
(A) The supervision, control, or adjustment of a claim. The Company is solely responsible for the supervision and control of the loss adjustment process for a loss determination and all loss adjustment oversight. The agent’s prohibition in loss adjustment activities is not intended to preempt any duty or obligation of the agent to provide information to the policyholder on his or her policy options, duties, rights, and responsibilities.
(B) Obtaining sales or production records for purposes of loss adjustment on behalf of the policyholder (other than simply collecting information directly from the policyholder and providing it to the Company).
(i) The agent may:
(I) Receive a notice of loss from the policyholder and transfer it to the Company;
(II) Provide a copy of the Company’s official file folder, as applicable, to the loss adjuster or reviewer;
(III) Provide the loss adjuster or reviewer with any information provided by the policyholder related to the loss;
(IV) Facilitate the loss adjuster’s gathering of information directly from other parties; and
(V) Assist the loss adjuster in locating the policyholder or vice versa.
(ii) Loss adjusters and reviewers are directly responsible for the verification and validation of the information from a third party source of such information and nothing in the facilitation of such interactions or information gathering permits activities that may allow the agent to influence the loss adjustment process or the loss adjuster’s or reviewer’s independent determination of loss.
(C) A loss adjustment determination or verification required to complete a claim or the determination or verification of a cause of loss.
(i) Other tha...
Loss Adjustment. In the event of loss or damage covered by an Indemnity Agreement, the indemnitee without delay shall file a Notice of Loss or Damage with the Council and shall exercise reasonable care in order to minimize the amount of loss. Within a reasonable time after a loss has been sustained, the claimant shall file a Proof of Loss or Damage on forms provided by the Council. Failure to report such loss or damage and to file such Proof of Loss within sixty (60) days after the termination date as de- fined in § 1160.3(k) shall invalidate any claim under the Indemnity Agreement.
Loss Adjustment. Any insured loss is to be adjusted with the Contractor and made payable jointly to the University and the Contractor. The Contractor shall cooperate with the University in a determination of the actual cash value or replacement value of any insured loss. Any deductible amount shall be the responsibility of the Contractor.
Loss Adjustment. 18.5.1 A damage claim must be filed with Seesam along with all documents that Xxxxxx needs for handling the claim no later than one month after the end of the trip.
18.5.2 If it is not possible to ascertain the portion of the loss is connected to the insured, then compensation shall be paid in proportion to the insured’s share among the number of the service’s users (incl. children).
18.5.3 In order to resolve conflicts, the parties have the right to turn to the arbitration department of the Estonian Insurance Association or to the courts in accordance with the appropriate laws and conditions. The Financial Supervision Authority does not resolve contract-based conflicts between the insurer and the policyholder.
Loss Adjustment. Any claim for loss or damage under this Form shall be adjusted with, if named herein, the General Contractor or Owner.
Loss Adjustment. Losses and damages not constituting a Total Loss and not exceeding Five Hundred Thousand Dollars ($500,000) shall be adjusted with Lessee. Insurers shall be authorized and instructed to inform Lessor on any loss adjustment involving claims exceeding Five Hundred Thousand Dollars ($500,000) in the aggregate.
Loss Adjustment. (a) In the event of damage to the Aircraft or any part thereof not amounting to an Event of Loss, and provided that no Default or Event of Default has occurred and is continuing, Losses arising from the damage will be adjusted with Lessee and:
(i) if the Loss does not exceed the Claims Limit or an equivalent amount in another currency, the loss proceeds of insurance will be paid directly to Lessee; and
(ii) if the Loss exceeds the Claims Limit or an equivalent amount in another currency, the loss proceeds of insurance will be paid directly to the repairer or, with Lessor's express authorization, to Lessee or as Lessee may direct. For the avoidance of doubt, if any Default or Event of Default has occurred and is continuing, all Losses will be adjusted with Lessor and all loss proceeds of insurance will be paid to Lessor or as Lessor may direct.
(b) All insurance proceeds in respect of third party liability will, except to the extent paid by the Insurers to the relevant third party, be paid to Lessor to be paid directly in satisfaction of the relevant liability or to Lessee in reimbursement of any payment so made.
Loss Adjustment. 18.1 After the receipt of the loss application Seesam or the person authorised by Seesam shall conduct loss adjustment. Seesam shall conduct loss adjustment pursuant to the principle of good faith. Xxxxxx's performance obligation becomes collectible if all acts which are necessary for identification of the occurrence of an insured event, Xxxxxx's performance obligation and the extent of performance (hereinafter the loss operations) have been completed in loss adjustment.
18.2 Seesam shall be obligated to complete the loss adjustment operations not later than within one month after the receipt of all the data and documents required for it, considering the exceptions specified in clauses 18.2.1 to 18.2.
18.2.1 If civil, criminal or misdemeanour proceedings in the course of which circumstances essential for identification of Xxxxxx's performance obligation have been initiated in connection with an insured event, Seesam shall complete the loss adjustment operations not later than within one month after learning of the decision to suspend or terminate the respective proceedings or learning of a court judgment which has entered into force or learning of another decision of an official or body having the respective right.
18.2.2 If another term has been prescribed for completion of the loss adjustment operations specified in the conditions of the insurance class, this term shall be applied.
18.3 If Seesam has not completed the loss adjustment operations within the term specified in subsection 18.2 to clause 18.2.2, but the occurrence of the insured event has been proven, the policyholder may demand that Seesam pay money to the extent which corresponds to the performance obligation identified by the time. If completion of the loss adjustment operations is impeded by a circumstance dependent of the policyholder, the running of the term of completion of the loss adjustment operations shall stop.
18.4 If Seesam fulfils its performance obligation by way of payment of money, Seesam shall not have the payment obligation before the person entitled to receive the indemnity has communicated the name and current account number of the recipient of the money to Xxxxxx.
18.5 Upon loss adjustment, Seesam shall have the right to demand the delivery of the remains of the damaged or replaced object to Seesam as well as the transfer of the right of claim of the object that was lost as a result of an insured event or unlawfully left the lawful possession of the person. Until the del...
Loss Adjustment. 11.7.1 In the event of damage to the Aircraft or any part thereof not amounting to an Event of Loss, and provided that no Default or Event of Default has occurred and is continuing, Losses arising from the damage will be adjusted with Lessee and:
(a) if the Loss does not exceed the Claims Limit or an equivalent amount in another currency, the loss proceeds of insurance will be paid directly to Lessee; and
(b) if the Loss exceeds the Claims Limit or an equivalent amount in another currency, the loss proceeds of insurance will be paid directly to the repairer or, with Lessor’s express authorisation, to Lessee or as Lessee may direct. provided always that (for the avoidance of doubt) (i) if an Event of Loss occurs with respect to the Aircraft or any part thereof, the Losses, or (ii) if any Default or Event of Default has occurred and is continuing, all Losses, in each case arising in connection with the applicable damage to the Aircraft or part thereof will be adjusted with Lessor and all loss proceeds of insurance payable in connection therewith will be paid to Lessor or as Lessor may direct (save that upon the cure of any Default or Event of Default referred to in paragraph (ii) of this proviso, paragraph (ii) of this proviso shall no longer apply with respect to such Default or Event of Default).
11.7.2 All insurance proceeds in respect of third party liability will, except to the extent paid by the Insurers to the relevant third party, be paid to Lessor to be paid directly in satisfaction of the relevant liability or to Lessee in reimbursement of any payment so made.
Loss Adjustment. 5 4.4 Engineering and Inspection Services..................................6 4.5
