HomeMy WebLinkAboutLIEBERT CASSIDY WHITMOREINSURANCE ON FILE
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES nmte WFE&3t3PPs4,33' N-2018-032
CLERK OF.COUNCIL AGREEMENT FOR SPECIAL. SERVICES
DATE: jM -5 2018
fhis Agreement is entered into between the City of Santa Ana, A Municipal Corporation, hereinafter referred
to as "Agency," and the law, firm of L,fF,'B iItT CASSII)Y'WHITMOIxF, A Professional Corporation, hereinafter
reterred to as "Attorney."
WHEREAS Agency has the need to secure expert training and consulting services to assist Agency in its
workforce management and employee relations; and
WHEREAS Agency has determined that no less than forty-seven (47) public agencies in the Orange County
area have the same need and have agreed to enter into identical agreements with Attorney; and
WHEREAS Attorney is specially experienced and qualified to perform the special services desired by the
Agency and is willing to perform such services;
NOW, THEREFORE, Agency and Attorney agree as follows:
Attorney's Services_
Diming the year beginning .lanuary 1, 2418, Attorney will provide the following services to Agency (and tine
other aforesaid public agencies):
Six (6) days of group training workshops covering such employment relations subjects as management rights
and obligations, negotiation strategies, employment discrimination and affirmative action, employment
relations from the perspective of elected officials, performance evaluation (administering evaluations),
grievance and discipline administration for supervisors and rnanagors, planning for and responding to
concerted job actions, current court, administrative and legislative developments in personnel administration
and employment relations, etc., with the specific subjects covered and lengths of individual workshop
presentations to be determined by Agency and the other said local agencies.
It is expressly understood that the material used during these presentations, including written handouts and
projected power points are provided solely for the contracted workshops. This agreement warrants there will
be no future use of Liebert Cassidy Whitmore material in other trainings or formats without the express written
permission of Liebert Cassidy Whitmore. Any such use will constitute a violation of this agreement and
copyright provisions.
Availability of Attorney for Agency to consult by telephone, Consortium calls cover questions that the
Attorney can answer quickly with little research. They do not include the review of documents, in depth
research, written responses (like an opinion letter) or advice on on-going legal matters. 'Che caller will be
informed if the question exceeds the scope of consortium calks. Should the calker request, the Attorney can
assist on items that fall outside the service, but these matters will be billed at the Attorney's hourly rate. (See
additional services section.)
Providing of a monthly newsletter, covering employment relations developments.
4. Annual .access to premium Liebert Library Services.
Free:
Attorney will provide these special services to Agency for a fee of four Thousand "Two Hundred Sixty -Five
Dollars and Nifty Cents ($4,265.50) payable in one payment prior to March 1, 2018. The fee, if paid after March 1,
2018 will be. $4,365,50.
N-2018-032
Said fee will cover Attorney's time in providing said training and consultative services and the development
and printing of written materials provided to attendees at the training programs.
Independent Contractor:
It is understood and agreed that Attorney is and shall remain an independent contractor under this Agreement.
Professional Liability Insurance:
Attorney shall maintain professional liability insurance with limits not less than one million dollars per
occurrence throughout the duration of the contract.
Term:
The term of this Agreement is twelve (12) months commencing January 1, 2018, The term may be extended
for additional periods of time by the written consent of the parties.
Condition Precedent;
It is understood and agreed that the parties' aforesaid rights and obligations are contingent on no less than
forty-seven (47) local agency employers entering into a substantially identical Agreement with Attorney on or about
January t, 2018.
Dated:__ Z'_I S' ----
Dated:
By -
--------- ----------- ----
N-2018-032
Signature page:
Liebert Cassidy Whitmore — Special Services (2018)
ATTEST:
MARIA HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Laura A. Rossini
Senior Assistant City Attorney
CITY OF SANTA ANA
r
RACt GODINE I
City Manager
RECOMMENDED FOR APPROVAL:
ELLEN SMILEY
Interim Executive D' ector,
Personnel Services Agency
OP ID: YC
44Corrn CERTIFICATE OF LIABILITY INSURANCE
DA11128/2017Yg
11f28V2017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT» if the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER
Nerver Insurance
649 W. Las Tunas Drive
PO Box 1509
San Gabriel, CA 91778.1509 N-2018-032
WESLEY HAMPTON HOUSE
CONTACT
El ,lime Samarin
PH Nfi 626.943_2237 _ u".
Laq, Ne g,n: __- L wm: fi66•?89.1010
EMAIL
AOORESS: jSam
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IEBE-1aNBGCOm
ID X:I-1EBE•1
CUSTOMER
INSURER(S) AFFORDING COVERAGE
NAIC_A
INSURED Llebert Cassidy Whitmore
_
INSURER A; Sentinel Insurance Company
11009
6033 W. Century Blvd.
Los Angeles, CA 90046
INSURER e: Federal Insurance
_
20261_
_
INSURERC:Aspen Specialty Insurance
10717_
_
INSURER D: PeIGUS Insurance Company
X
INSURERS:
1219412017
12/14/2018..
IN ERF;
e
PERSONAL a AOV INJURY
COVERAGES CERTIFICATE NUMBER: RFVI8ION NIIMRFR-
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSft
LTR
�ADOL
TYPE OP INSURANCE
POLICYNUMSER
POLICY EFF
MMICDNYY
OLICY EXP
MMIOD/YYYY
LIMITS
GENERAL LIABILITY
EACHOCCURRENCE
I 2,000.,00
PRET s's ETd 'EiI, pL_
s 11000,00
A
X COMMERCIALG'ENERALLRMUTY
�C1AIMS-MAOE L AJ OCCUR
X
-72SBAAK0318
1219412017
12/14/2018..
MEDEP(Anyoneperson)
5 10,00
PERSONAL a AOV INJURY
5 2,000,ODC
GENERALAGGREGATE
S 4,000;00
GEN'L AGGREGATE LIMIT APPLIES PER
X POLICY! F-1PR
1ECTO 1-1 LOC
PRODUCTS -COMPIOPAGG
_
T_ 4,000,00
$
AUTOMOBILE
LIASILrrY.
COMBINED SINGLE LIMIT
(Ea aeaident)
S 2,000;00
ANY AUTO--'
BODILY INJURY leer parson)
S
ALL OWNEU AtfTOS
BODILY INJURY IParacddenl)
5
A
X
SCHEOULEDAUTOS
HIRED AUTOS
72SBAAK0318
12/1412017
12/14/2018
PROPERTY DAMAGE
(PER ACCIDENT) _
$
A
X
NON-OWNEDAUTOB
72SBAAK0318
12/1412017
12114/2018
s
)( I
UMBRELLAUAa
X
OCCUR
EACH OCCURRENCE
$ 2,000,000
A—
LIAR
CLAIMS -MADE
7256AAK0398
1211412017
12114/2018
AGGREGATE
$ 2,000,000
TE)XCSSS
DUCTIBLE
$
S
TENTION S 10,000
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY ECUTIVE YIN
PROPRJETORIPARTNERIEXECUTIVE
(Mandatory in NH)
If yes, describe under
OESCRIPTONO OPERATIONS 1.
NIA
175-05-95
04/01/2017
04/0912018
X WC STATU• 0TH:
E.L. EACHACCIOENT
S 1,000,000
E.L. DISEASE - EA EMPLOYEE
S 1,000,00
E.L. DISEASE POLICY LIMIT
S 1,000,000
C
Pfofessional,Liab.
LRA9AF817
12/10/2017
12/1012018
Per Claim 6,000,00
D
Professional Liab.
XPL409238
AggregateA 5,0001,,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Aeach ADOPT, 104,Add(tiona(Renarks Sehsdula, it mora spa.N. le4uead) -' ( ( A () FORM!
Certificate Holder is named as an Additional Insured in regards to attached
General Liability Form SS 00 OB 04 05, per written contract or agreement.
CITYSAA
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
All riohts. reserved
ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD
Policy Nurnber:72SBAAK0318
BUSINESS LIABILITY COVERAGE FORM
(b) Rented to, in the care, custody or
b. Coverage under this provision does not
control of, or over which physical
apply to:
control is being exercised for any
1 "Bodily"property damage"
() in1u or "' p pert y
purpose by you, any of your
that occurred; or
"employees". "volunteer workers",
any partner or member (if you are
(2) "Personal and advertising injury"
a partnership or joint venture), or
arising out of an offense committed
any member (if you are a limited
before you acquired or formed the
liability company),
organization.
b. Real Estate Manager 4.
Operator Of Mobile Equipment
Any person (other than your "employee" or
With respect to "mobile equipment" registered in
"volunteer worker"), or any organization
your name under any motor vehicle registration
while acting as your real estate manager.
law, any person is an insured while driving such
c. Temporary Custodians Of Your
equipment along a public highway with ,your
Property
permission. Any other person or organization
Any person or organization having proper
responsible for the conduct of such person is
temporary custody of your property If you
also an insured, but only with respect to liability
die, but only:
arising out of Che operation of the equipment, and
only if no other insurance of any kind is available
(1) With respect to liability arising out of the
to that person or organization for this liability.
maintenance or use of that property; and
However, no person or organization is an insured
(2) Until your legal repnesentative has
with respect to.
been appointed.
a. "Bodily injury" to a co -"employee" of the
d. Legal Representative If'You Die
person driving the equipment or
Your legal representative if you die, but
b. "Property damage" to property owned by,
only wifh respect to duties as such. That
rented to, in the charge of or occupied by
representative will have all your rights and
you or the employer of any person who is
duties under this insurance.
an insured under this provision.
s. unnamed Subsidiary 5.
Operator of Nonowned Watercraft
Any subsidiary and subsidiary thereof, of
With respect to watercraft you do not own that
yours which is a legally Incorporated entity
is less than 51 feet long and is not being used
of which you own a financial interest of
to carry persons for a charge, any person is an
more than 50% of the voting stock on the
insured while operating such watercraft with
effective date of this Coverage Part.
your permission. Any other person or
The insurance afforded herein for any
organization responsible for the conduct of
subsidiary not shown in the Declarations
such person is also an insured, but only with
as a named insured does not apply to
respect to liability arising out of the operation
injury or damage with respect to which an
of the watercraft, and only if no other
insured under this Insurance is also an
insurance of any kind is available to that
insured under another policy or would be
person or organization for this liability.
an insured under such policy but for its
However, no person or organization is an
termination or upon the exhaustion of its
insured with respect to:
limits of insurance.
a. "Bodily injury" to a co -"employee" of the
3. Newly Acquired Or Formed Organization
person operating the watercraft; or
Any organization you newly acquire or form,
b. "Property damage" to property owned by,
other than a partnership, joint venture or
rented to, In the charge of or occupied by
limited liability company, and over which you
you or the employer of any person who is
maintain financial interest of more than 50% of
an insured under this provision.
the voting stock, will qualify as a Named 6.
Additional Insureds When Required By
Insured if there is no other similar insurance
Written Contract, Written Agreement, Or
available to that organization. However:
Permit
a. Coverage under this provision is afforded
The person(s) or organlzation(s) Identified in.
only until the 180th day after you acquire
Paragraphs a. through f. below are additional
or form the organization or the end of tie
policy period, whichever is earl.... M TO FORM
insureds wh n,yo r l a written
�.ID lAt�A AS .il AIA
<4Ctu,,c4 A-:
�
Form SS 00 08 04 05
_,sura A. Rossini
:;lstant City Attoru
"all;) 01 SV 03A011ddV
Policy Number:72SBAAK0318
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a
(e) Any failure to make such
permit issued by a state or political
inspections, adjustments, tests or
subdivision, that such person or organization
servicing as the vendor has
be added as an additional insured on your
agreed to make or normally
policy, provided the injury or damage occurs
undertakes to make in the usual
subsequent to the execution of the contract or
course of business, in connection
agreement, or the issuance of the permit.
with the distribution or sale of the
A person or organization is an additional
products;
insured under this provision only for that
(f) Demonstration, installation,
period of time required by the contract,
servicing or repair operations,
agreement or permit.
except such operations performed
However, no such person or organization is an
at the vendor's premises in
additional insured under this provision If such
connection with the sale of the
person or organization is included as an
product;
additional insured by an endorsement issued
(g) Products which, after distribution
by ua and made a part of this Coverage Part,
or sale by you, have been labeled
including all persons or organizations added
or relabeled or used as a
as additional insureds under the specific
container, part or ingredient of any
additional insured coverage grants in Section
other thing or substance by or for
F. — Optional Additional Insured Coverages.
the vendor; or
a. Vendors
(h) "Bodily injury" or "property
Any person(s) or Organizations) (referred to
damage" arising out of the sole
below as vendor), but only with respect to
negligence of the vendor for its
"bodily injury" or "property damage" arising
own acts or omissions or those
out of "your products" which are distributed
its employees or anyone else
or sold in the regular course of the vendor's
acting on its behalf. However, this
business and only if this Coverage Part
exclusion does not apply to:
provides coverage for "bodily injury" or
(i) The exceptions contained in
"property damage" included within the
Subparagraphs (d) or (f); or
"products -completed operations hazard".
(i i) Such inspections, adjustments,
(1) The insurance afforded to the vendor
tests or servicing as the vendor
is subject to the following additional
has agreed to make or normally
exclusions:
undertakes to make in the usual
This insurance does not apply to:
course of business, in
connection with the distribution
(a) "Bodily injury" or "property
or sale of the products.
damage" for which the vendor is
(2) This insurance does not apply to any
obligated to pay damages by
insured person or organization from
reason of the assumption of
whom you have acquired such products,
liability in a contract or agreement,
or any ingredient, part or container,
This exclusion does not apply to
entering into, accompanying or
liability for damages that the
containing such products.
vendor would have in the absence
of the contract or agreement;
b. Lessors Of Equipment
(b) Any express warranty
(1) Any person or organization from
unauthorized by you;
whom you lease equipment; but only
(c) Any physical or chemical change
with respect to their liability for "bodily
"property
in the product made intentionally
injury", damage" or
"personal
by the vendor;
and advertising injury"
caused, in whole or in part, by your
(d) Repackaging, except when
maintenance, operation or use of
unpacked solely for the purpose of
equipment leased to you by such
inspection, demonstration, testing,
person or organization,
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
Form SS 00 08 04 05
Policy Number:72SBAAK0318
BUSINESS LIABILITY COVERAGE FORM
(2)
With respect to the insurance afforded
e. Permits Issued By State Or Political
to these additional insureds, this
Subdivisions
insurance does not apply to any
(1)
(1) Any state or political subdivision, but
.1 occurrencewhich takes place after
only with respect to operations
you cease to lease that equipment.
performed by you or on your behalf for
c. Lessors
Of Land Or Premises
which the state or political subdivision
(1)
Any person or organization from
has issued a permit.
whom you lease land or premises, but
(2) With respect to the insurance afforded
only with respect to liability arising out
to these additional insureds, this
of the ownership, maintenance or use
insurance does not apply to:
of that part of the land or premises
a "Bodilyinjury", in) Y°, °grope ty damage"
leased to you.
or "personal and advertising
(2)
With respect to the insurance afforded
injury" arising out of operations
to these additional Insureds, this
performed for the state or
insurance does not apply to:
municipality; or
(a) Any "occurrence" which takes
(b) "Bodily injury" or "property damage"
place after you cease to lease that
included within the "products -
land or be a tenant in that
completed operations hazard".
premises; or
f. Any Other Party
(b) Structural alterations, new
(1) Any other person or organization who
construction or demolition
is not an insured under Paragraphs a.
operations performed by or on
through e. above, but only with
behalf of such person or
respect to liability for "bodily injury",
organization.
"property damage" or "personal and
d. Architects, Engineers Or Surveyors
advertising injury" caused, in whole or
(1)
Any architect, engineer, or surveyor, but
in part, by your acts or omissions or
only with respect to liability for "bodily
the acts or omissions of those acting
injury", "property damage" or "personal
on your behalf:
and advertising injury" caused, in whole
(a) In the performance of your
or in part, by your acts or omissions or
ongoing operations;
the acts or omissions of those acting on
(b) In connection with your premises
your behalf:
owned by or rented to you; or
(a) In connection with your premises;
(c) In connection with "your work" and
or
included within the "products -
(b) In the performance of your
completed operations hazard", but
ongoing operations performed by
only if
you or on your behalf.
(i) The written contract or written
(2)
With respect to the insurance afforded
agreement requires you to
to these additional insureds, the
provide such coverage to
following additional exclusion applies:
such additional insured; and
This insurance does not apply to
(fi) This Coverage Part provides
"bodily injury", "property damage" or
coverage for "bodily injury" or
"personal and advertising injury"
"property damage" included
arising out of the rendering of or the
within the "products -
failure to render any professional
completed operations hazard",
services by or for you, including:
(2) With respect to the insurance afforded
(a) The preparing, approving, or
to these additional insureds, this
failure to prepare or approve,
insurance does not apply to:
maps, shop drawings, opinions,
"Bodily injury", "property damage" or
reports, surveys, field orders,
"personal and advertising injury"
change orders, designs or
arising out of the rendering of, or the
drawings and specifications; or
failure to render, any professional
(b) Supervisory, inspection,
architectural, engineering or surveying
architectural or engineering
services, including:
activities.
Form SS 00 08 04 05
Policy Number:7298AAK0318
BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or
This General Aggregate limit does not
failure to prepare or approve,
apply to "property damage" to premises
maps, shop drawings, opinions,
while rented to you or temporarily
reports, surveys, field orders,
occupied by you with permission of the
change orders, designs or
owner, arising out of fire, lightning or
drawings and specifications; or
explosion.
(b) Supervisory, inspection,
3.
Each Occurrence Limit
architectural or engineering
Subject to 2.a, or 2.b above, whichever
activities.
applies, the most we will pay for the sum of all
The limits of insurance that apply to additional
damages because of all "bodily injury",
insureds are described in Section D. — Limits
"property damage" and medical expenses
Of Insurance.
arising out of any one "occurrence" is the
How this insurance applies when other
Liability and Medical Expenses Limit shown in
insurance is available to an additional insured
the Declarations,
is described in the Other Insurance Condition
The most we will pay for all medical expenses
in Section E. — Liability And Medical Expenses
because of "bodily injury" sustained by any
General Conditions.
one person is the Medical Expenses Limit
No person or organization is an insured with
shown in the Declarations.
respect to the conduct of any current or past
4.
Personal And Advertising Injury Limit
partnership, joint venture or limited liability
Subject to 2.b. above, the most we will pay for
company that is not shown as a Named Insured in
the sum of all damages because of all
the Declarations.
"personal and advertising injury" sustained by
D. LIABILITY AND MEDICAL EXPENSES
any one person or organization is the Personal
LIMITS OF INSURANCE
and Advertising Injury Limit shown in the
Declarations.
1. The Most We Will Pay
5.
Damage To Premises Rented To You Limit
The Limits Insurance shown in the
Declarations and the rules below fix the most
The Damage To Premises Rented To You
we will pay regardless of the number of:
Limit is the most we will pay under Business
Liability Coverage for damages because of
a. Insureds;
"property damage" to any one premises, while
b. Claims made or "suits" brought; or
rented to you, or in the case of damage by fire,
C. Persons or organizations making claims or
lightning or explosion, while rented to you or
bringing "suits".
temporarily occupied by you with permission of
2. Aggregate Limits
the owner.
The most we will pay for:
In the case of damage by Fre, lightning or
explosion, the Damage to Premises Rented To
a. Damages because of "bodily injury" and
You Limit applies to all damage proximately
"property damage" included in the,
caused by the same event, whether such
"products -completed operations hazard" is
damage results from fire, lightning or explosion
the Products -Completed Operations
or any combination of these.
Aggregate Limit shown in the
Declarations.
5,
How Limits Apply To Additional Insureds
b. Damages because of all other "bodily
The most we will pay on behalf of a person or
injury", "property damage" or "personal
organization who is an additional insured
and advertising injury", including medical
under this Coverage Part is the lesser of:
expenses, is the General Aggregate Limit
a. The limits of insurance specified in a
shown in the Declarations,
written contract, written agreement or
This General Aggregate Limit applies
permit issued by a state or political
separately to each of your "locations"
subdivision; or
owned by or rented to you.
b. The Limits of Insurance shown in the
"Location" means premises involving the
Declarations.
same or connecting lots, or premises
Such amount shall be a part of and not in
whose connection is interrupted only by a
addition to the Limits of Insurance shown in
street, roadway or right-of-way of a
the Declarations and described In this Section.
railroad.
Form SS 00 08 04 05
(6) When You Are Added As An
Additional Insured To Other
Insurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations, for which you have been
added as an additional insured by that
insurance; or
(7) When You Add Others As An
Additional Insured To This
Insurance
That is other insurance available to an
additional insured.
However, the following provisions
apply to other insurance available to
any person or organization who is an
additional insured underthis Coverage
Part:
(a) Primary Insurance When
Required By Contract
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary, If other
insurance is also primary, we will
share with all that other insurance
by the method described in c.
__below.
(b)!Primary And Non -Contributory
— 'To Other Insurance When
Required By Contract
If you have agreed in a written
contract, written agreement or
permit that this insurance is
primary and non-contributory with
the additional insured's own
insurance, this insurance is
primary and we will not seek
contribution from that other
insurance.
Paragraphs (a) and (b) do not apply to
other insurance to which the additional
insured has been added as an
additional insured.
When this insurance is excess, we will
have no duty under this Coverage Part to
defend the insured against any "suit" if any
other insurer has a duty to defend the
insured against that "suit". If no other
insurer defends, we will undertake to do
so, but we will be entitled to the insured's
rights against all those other insurers.
Form SS 00 08 04 05
Policy Number: 72SBAAK0318
BUSINESS LIABILITY COVERAGE FORM
When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self-
insured amounts under all that other
insurance.
We will share the remaining loss, if any, with
any other insurance that Is not described in
this Excess Insurance provision and was not
bought specifically to apply In excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
c. Method Of Sharing
If all the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each insurer contributes equal amounts
until it has paid its applicable limit of
insurance or none of the loss remains,
whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will
contribute by limits, Under this method, each
insurer's share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.
8. Transfer Of Rights Of Recovery Against
Others To Us
a, Transfer Of Rights Of Recovery
If the insured has rights to recover all or
part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, those rights are
transferred to us, The insured must do
nothing after loss to impair them. At our
request, the insured will bring "suit" or
transfer those rights to us and help us
enforce them, This condition does not
_ apply to Medical Expenses Coverage.
b. ;Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
If the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments, we
have made under this Coverage Part, we
also waive that right, provided the insured
waived their rights of recovery against
such person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.