Claim loss definition

Claim loss means amounts paid by the division in the investigation and resolution of a claim including, but not limited to, payments to the guaranteed, payments to adverse claimants, attorneys’ fees, and all other expenses and costs related to or arising from the claim in accordance with the provisions of this rule.

Claim loss and “Claims/Losses” shall mean all claims and losses of all kinds and descriptions including liabilities, liens, privileges, and other encumbrances, causes of action (including actions in rem or in personam, at law or in equity), obligations, judgments, interest, costs, expenses, and awards whether created by law, contract, tort, arbitration, voluntary settlement (to the extent authorized by the Indemnitor), or otherwise, and including, except as otherwise expressly provided, claims based on contractual indemnity, claims for punitive, exemplary, consequential or indirect damages, and claims for bodily injury, personal injury, illness, death, and property damage including claims and/or losses for the above regardless of how such claims and/or losses may be characterized.

Claim loss means any paid loss or other payment that may arise under or relate to any Policy, including Allocated Loss Adjustment Expense.

Examples of Claim loss in a sentence

• The Depositor, the Seller, the Servicer and any director, officer, employee or agent of the Depositor, the Seller or the Servicer shall be indemnified and held harmless by the Trust Fund against any Claim, loss, liability or expense (including attorney’s fees) incurred in connection with any legal action relating to this Agreement or the Certificates, other than any loss, liability or expense.

• We will also not cover You for any Claim, loss, liability, cost or expense directly or indirectly caused by, resulting from, or in connection with any action taken in controlling, preventing or suppressing or in any way relating to any of the above acts or events.

• This Policy also excludes any Claim, loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any action taken in controlling, preventing, suppressing or in any way relating to any act of terrorism.

• If the Underwriters’ allege that by reason of this exclusion, any Claim, loss, damage, cost or expense is not covered by this Insurance the burden of proving the contrary shall be upon the Insured.

• Other Insurance Which May Cover The RiskYou must immediately advise Us in writing of any insurance already affected or which may subsequently be affected covering, in total or in part and whether absolutely or contingently, the liability, Claim, loss or Claim Investigation Costs, or any part of them, Covered by this Policy.

• You must give notice of any Claim, loss or other matter in writing, and send it to The Claims Manager, Professional Risks Division, Allianz Australia Insurance Limited, 2 Market Street, Sydney, NSW, 2000.

• Other Insurance Which May Cover The RiskYou must immediately advise Us in writing of any insurance already affected or which may subsequently be affected Covering, in total or in part and whether absolutely or contingently, the liability, Claim, loss or Claim Investigation Costs, or any part of them, Covered by this Policy.

• In no event shall the indemnification provisions of this Article 12 or Section 2.2.13.2(d) require an indemnifying Party to provide indemnification under this Agreement for any Claim, loss, liability or other damage incurred by an Indemnitee to the extent caused by the negligence or misconduct of such Indemnitee or to the extent such indemnification is prohibited under Applicable Legal Requirements.

• HCA shall notify the CONTRACTOR of any Claim, loss, damage, suit or action as soon as HCA reasonably believes that such Claim, loss, damage, suit or action may give rise to a right to indemnification under this section.

• Other Insurance Which May Cover The RiskYou must as soon as reasonably possible advise Us in writing of any insurance already affected or which may subsequently be affected covering, in total or in part and whether absolutely or contingently, the liability, Claim, loss or Claim Investigation Costs, or any part of them, Covered by this Policy.

More Definitions of Claim loss

Claim loss means the amount of liability paid or to be paid with respect to claims with a date of injury on or after the Inception Date under the Clarendon Program Insurance Policies after making deduction for all salvage and subrogation; provided, however, that the allocation of claim liability pertaining to any injury not occurring on a specific date shall be determined according to California law, irrespective of where the insured resides or the injury occurs; provided, further, that Claim Loss when applied in the context of an Involuntary Mechanism shall be limited solely to liability paid or to be paid with respect to premium written from and after the Inception Date under the Clarendon Program Insurance Policies, after making deduction for all salvage and subrogation.

Claim loss or “Claims/Losses” means any obligation, liability, claim, suit, action, proceeding, investigation, dispute, cost or expense (including any judgment, award, settlement, reasonable attorneys’ fees, reasonable consultant and expert fees, and other costs and expenses incurred in connection with the defense or resolution of any actual or threatened suit, action, proceeding, investigation, dispute or claim, including appellate or bankruptcy proceedings, and any collection or enforcement costs). “CM Fee Base” means the total hard costs relating to construction of the applicable Approved Project (excluding hard costs included in the Pre-Development Fee Base and land costs) for the applicable Approved Project; except that (A) the CM Fee Base shall not include cost overruns that would not have been incurred absent a material breach on the part of Manager under this Agreement (while Builder is Manager) or a material breach on the part of Construction Manager under the applicable Construction Management Agreement, and (B) the CM Fee Base for an Approved Project shall not exceed the sum of (i) the hard costs for materials relating to construction of the applicable Approved Project set forth in the Approved Budget, and (ii) the Adjusted Labor Budget. “CM Responsible Cost Overruns” shall, with respect to an Approved Project, have the meaning set forth in the applicable Construction Management Agreement. “Company Asset” means each asset in which the Company owns a direct or indirect interest.