Laserfiche WebLink
sworn proof of loss. Moreover, the Insured must give the insurer such relevant information and evidence as <br />may reasonably be required, and cooperate fully in tae investigation and adjustment of any claim. <br />16. Other Insurance: If there is any other valid and collectible insurance covering the Property Insured <br />hereunder, whether prior, subsequent to, or simultaneous with this Insurance, which in the absence of this <br />insurance would cover the loss or damage hereby covered, then the Insurer shall not be liable hereunder for <br />more than the excess over and above such other insurance. <br />This clause, however, shall not apply to property of others in the Insured's care, custody or control and the <br />existence of such insurance or payment of a loss thereunder shall not constitute a defense to any claim <br />otherwise payable under this policy, nor shall such insurance be called on to contribute to any loss payable <br />hereunder. The provisions of this clause do not apply to insurance expressed to be underlying or to excess <br />amounts insured hereunder. <br />17. Packing and Securing of Property in Transit or Storage: It is a condition of this insurance that the Insured <br />will take all reasonable steps to ensure that Property Insured Linder this Policy will be packed by competent <br />packers and in such a manner as to withstand the normal hazards associated with transit or storage. <br />18. Pairs and Sets: In the event of the total loss of any articles which are part of a pair or set, the Insurer agrees to <br />pay the Insured, at the option of the Insured, the full amount of the value of such pair or set as determined by <br />the Valuation Clause contained herein, subject otherwise to the applicable Deductible Clause set forth herein, <br />and the Insured agrees, if such option is elected, to surrender the remaining article or articles of the pair or set <br />to the Insurer. <br />19. Prevailing Terms and Conditions: All matters not provided for herein or by endorsement hereon shall be <br />covered by the terms and conditions of the Insurer's printed policy form to which this form is attached and <br />which has been issued in conjunction herewith. The forgoing clauses contained in this form are to supersede <br />and take the place of all other clauses in the printed form of the policy wherein they may conflict. <br />20. Required by Law: Any provisions required by law to be stated in policies issued by subscribers hereto shall <br />be deemed to have been stated herein. <br />In the event of litigation, subscribers hereto, upon request, agree to issue separate policies covering their <br />individual subscription. <br />21. Settlement of Claims: All adjusted claims, the settlement amount and terms of which have been agreed by <br />the Insurer and the Insured, shall be paid or made good to the Insured within thirty (30) days after satisfactory <br />proof of interest and loss has been received and accepted at the office of the Insurer. <br />22. Subrogation: In the event of any payment under this policy the Insurer shall be subrogated to all the Insured's <br />rights of recovery therefore against any person or organization and the Insured shall execute and deliver <br />instruments and papers and do whatever else is necessary to secure such rights. The Insured shall do nothing <br />after loss to prejudice such rights. This clause shall not apply to professional packers and shippers, auction <br />houses, other individuals or institutions or other bailees with whom the Insured has waived their right of <br />recovery, in writing, prior to a loss. <br />23. Suit Against Insurer: No suit, action or proceeding for the recovery of any claim under this policy shall be <br />sustainable in any court of law or equity unless the same be commenced within twelve (12) months next after <br />discovery by the Insured of the occurrence which gives rise to the claim. Provided, however, that if by the <br />laws of the state within which this policy is issued such a limitation is invalid, then any such claims shall be <br />void unless such action suit or proceeding be commenced within the shortest lin-Lit of time permitted by the <br />laws of such state to be fixed herein. <br />24. Value Declared: It is understood and agreed that any Property Insured hereunder while in transit may be <br />dispatched under a declaration as being "without artistic value", the values declared in such cases being only <br />nominal values. <br />EXHP01,0810 50P5 <br />