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• cfc <br /> costs and expenses) as a result of a claim arising solely out of an act committed by you, <br /> provided that: <br /> a. you contracted in writing to indemnify the third party for the claim prior to it first <br /> being made against them; and <br /> b. had the claim been made against you, then you would be entitled to indemnity under <br /> this Policy. <br /> Before we indemnify any additional insured they must: <br /> a. prove to us that the claim arose solely out of an act committed by you; and <br /> b. fully comply with CONDITION 1 as if they were you. <br /> Where we indemnify a third party as an additional insured under this Policy,this Policy will be <br /> primary and non-contributory to the third party's own insurance, but only if you and the third <br /> party have entered into a contract that contains a provision requiring this. <br /> Where a third party is treated as an additional insured as a result of this Condition, any claim <br /> made by that third party against you will be treated by us as if they were a third party and not <br /> as an insured. <br /> 3. Agreement to pay claims(dutyto defend) <br /> We have the right and duty to take control of and conduct in your name the investigation, <br /> settlement or defense of any claim. We will not have any duty to pay costs and expenses for <br /> any part of a claim that is not covered by this Policy. <br /> You may ask the claims managers to consider appointing your own lawyer to defend the <br /> claim on your behalf and the claims managers may grant your request if they consider your <br /> lawyer is suitably qualified by experience, taking into account the subject matter of the claim, <br /> and the cost to provide a defense. <br /> We will endeavor to settle any claim through negotiation, mediation or some other form of <br /> alternative dispute resolution and will pay on your behalf the amount we agree with the <br /> claimant. If we cannot settle using these means,we will pay the amount which you are found <br /> liable to pay either in court or through arbitration proceedings,subject to the limit of liability. <br /> We will not settle any claim without your consent. If you refuse to provide your consent to a <br /> settlement recommended by us and elect to continue legal proceedings in connection with <br /> the claim, any further costs and expenses incurred will be paid by you and us on a <br /> proportional basis,with 50% payable by us and 50% payable by you.As a consequence of your <br /> refusal, our liability for the claim, excluding costs and expenses, will not be more than the <br /> amount for which the claim could have been settled. <br /> CFC Underwriting Limited is Authorized and Regulated by the Financial Conduct Authority <br /> ©1999-2024CFC Underwriting Ltd,All Rights Reserved <br />