YOUR RESPONSIBILITIES
1. Primary insurance requirements:
a. You agree that all primary insurance described in this policy or Umbrella Schedule is in force for any:
i. Personal residence or rental property owned, rented or leased by you or any covered person.
ii. Business operations or business property owned, rented or leased by you or any covered person; and
iii. Auto, watercraft or recreational vehicle owned, leased, rented or provided for the regular use of any covered person
b. You agree that all your primary insurance will be maintained with the coverages and at the limits declared and described in the Umbrella Schedule for all covered persons. If your primary insurance does not provide the limits indicated, the covered person will be responsible for the amount of the net loss up to the indicated limits of the primary insurance as described in the Umbrella Schedule.
c. In the event of bankruptcy or insolvency of any primary insurer, the insurance afforded by this policy shall not replace such primary insurance, but shall apply as if the primary insurance was valid and collectible.
2. After a loss:
a. If a loss seems likely to involve this policy, you and any involved covered person must:
i. Notify your broker, your agent or us as soon as possible. We may subsequently require a detailed written notice of loss. We should be given a full description of the loss, including the names and addresses of any persons injured and any witnesses.
ii. Promptly send us copies of any notices, legal papers or other documents received or sent in connection with the loss.
iii. Cooperate with us in the investigation, settlement and defense of any claim or suit. We do not have to provide coverage if you or any covered person involved refuses to assist us.
iv. Obtain our written consent before making any payments, assuming any obligations or incurring any expenses with respect to a loss covered by this policy. Any covered person who makes any payment, assumes any obligation or incurs any expense with respect to a loss covered by this policy without our prior written consent undertakes such actions voluntarily and at such covered person’s own cost.
v. Assist us in the enforcement of any right against any person or organization who may be liable to you in connection with the loss.
b. If the insurer of any primary insurance denies coverage for any reason, the covered person must immediately notify us in writing and tell us the reason for such denial as stated by the primary insurer. Before making a claim under this policy, if we request it, the covered person must start legal proceedings at our expense against the primary insurer to determine, by final judgment, the legality of its position.
c. If the covered person breaches a primary insurance policy condition, and if such breach is not a breach of a condition of this policy, the insurance afforded by this policy shall apply as if the primary insurance had not been breached.
