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UMBRELLA <br />2. We have no duty to defend any insured <br />against any "suit": <br />a. Seeking damages to which this insurance <br />does not apply; or <br />b. If any other insurer has a duty to defend. <br />3. When we have the duty to defend, we may, at <br />our discretion, investigate and settle any claim <br />or "suit". In all other cases, we may, at our <br />discretion, participate in the investigation, <br />defense and settlement of any claim or "suit" <br />for damages to which this insurance may <br />apply. If we exercise such right to participate, <br />all expenses we incur in doing so will not <br />reduce the applicable limits of insurance. <br />4. Our duty to defend ends when we have used <br />up the applicable limit of insurance in the <br />payment of judgments or settlements, or <br />defense expenses if such expenses are within <br />the limits of insurance of this policy. <br />S. We will pay, with respect to a claim we <br />investigate or settle, or "suit" against an <br />insured we defend: <br />a. All expenses we incur. <br />b. The cost of <br />(1) Bail bonds required because of <br />accidents or traffic law violations <br />arising out of the use of any vehicle to <br />which this insurance applies; or <br />(2) Appeal bonds and bonds to release <br />attachments; <br />but only for bond amounts within the <br />applicable limit of insurance. We do not <br />have to furnish these bonds. <br />c. All reasonable expenses incurred by the <br />insured at our request to assist us in the <br />investigation or defense of such claim or <br />"suit", including actual loss of earnings up <br />to $1,000 a day because of time off from <br />work. <br />d. All court costs taxed against the insured <br />in the "suit". However, these payments do <br />not include attorneys' fees or attorneys' <br />expenses taxed against the insured. <br />e. Prejudgment interest awarded against the <br />insured on that part of the judgment we <br />pay. If we make an offer to pay the <br />applicable limit of insurance, we will not <br />pay any prejudgment interest based on <br />that period of time after the offer. <br />f. All interest that accrues on the full amount <br />of any judgment after entry of the <br />judgment and before we have paid, <br />offered to pay or deposited in court the <br />part of the judgment that is within the <br />Page 4 of 22 <br />applicable limit of insurance. If we do not <br />pay part of the judgment for any reason <br />other than it is more than the applicable <br />limit of insurance, we will not pay any <br />interest that accrues on that portion of the <br />judgment. <br />With respect to a claim we investigate or <br />settle, or "suit" against an insured we defend <br />under COVERAGE A — EXCESS FOLLOW - <br />FORM LIABILITY, these payments will not <br />reduce the applicable limits of insurance, but <br />only if the applicable "underlying insurance" <br />provides for such payments in addition to its <br />limits of insurance. With respect to a claim we <br />investigate or settle, or "suit" against an <br />insured we defend under COVERAGE B — <br />UMBRELLA LIABILITY, these payments will <br />not reduce the applicable limits of insurance. <br />SECTION II — WHO IS AN INSURED <br />A. COVERAGE A — EXCESS FOLLOW -FORM <br />LIABILITY <br />With respect to Coverage A, the following persons <br />and organizations qualify as insureds: <br />1. The Named Insured shown in the <br />Declarations; and <br />2. Any other person or organization qualifying as <br />an insured in the "underlying insurance". If <br />you have agreed to provide insurance for that <br />person or organization in a written contract or <br />agreement: <br />a. The limits of insurance afforded to such <br />person or organization will be: <br />(1) The amount by which the minimum <br />limits of insurance you agreed to <br />provide such person or organization <br />in that written contract or agreement <br />exceed the total limits of insurance of <br />all applicable "underlying insurance"; <br />or <br />(2) The limits of insurance of this policy; <br />whichever is less; and <br />b. Coverage under this policy does not apply <br />to such person or organization if the <br />minimum limits of insurance you agreed <br />to provide such person or organization in <br />that written contract or agreement are <br />wholly within the total limits of insurance <br />of all available applicable "underlying <br />insurance". <br />B. COVERAGE B —UMBRELLA LIABILITY <br />With respect to Coverage B <br />1. The Named Insured shown in the <br />Declarations is an ins <br />2. If you are: .»en+"= RtidtMnugonentDhd bn <br />r9 REme&m&APPROVM8Y: <br />O 2016 The Travelers Indemnity Company. All rights reserved. �� ' �9. FnFa.o:a.e R, v:&n¢d <br />MEMO. Risk Management Analyst <br />