Laserfiche WebLink
12.Marital or Domestic Partner Extension <br />Subject otherwise to the terms and conditions hereof, this Policy shall cover Damages arising from any Claim made <br />against the lawful spouse or domestic partner (whether such stature is derived by reason of applicable statutory law, <br />common law, or any other applicable law anywhere in the world) of an Insured Person for Claims arising solely out <br />of his or her capacity as the spouse or domestic partner of an Insured Person, including such Claims that seek <br />damages recoverable from marital community property, property jointly held by the Insured Person and the spouse <br />or domestic partner; or property transferred from the Insured Person to the spouse or domestic partner; provided, <br />however, this extension shall not afford coverage for Wrongful Acts or acts giving rise to a Pollution Incident of the <br />spouse or domestic partner. All terms, conditions and other provisions of this Policy,inclusive of any provision relative <br />to the applicable Deductible, which would be applicable to Damages incurred by the Insured Person in such Claim, <br />shall also apply to Damages incurred by the spouse or domestic partner in such Claim. <br />13.Severability <br />Except with respect to the Limits of Liability and any rights or duties specifically assigned to the First Named Insured <br />stated in Item 1. of the Declarations, such as those rights and duties in Section 19. of this Policy, this insurance <br />applies: <br />a. as if each Named Insured were the only Named Insured; and <br />b. separately to each Insured against whom Claim(s)is made or suit is brought. <br />14.Representations <br />The Insureds represent and acknowledge that the statements and information contained in the Application are true, <br />accurate and are the basis of this Policy and are incorporated into and constitute a part of this Policy; and shall be <br />deemed material to the acceptance of this risk or the hazard assumed by the Insurer under this Policy. <br />15.Subrogation <br />In the event of any payment under this Policy, the Insurer and the Insured may have the right to recover all or part of <br />any payment the Insurer or the Insured makes under this Policy. If so, those rights are transferred to the Insurer. <br />The Insured must do nothing to impair such rights. The Insured will do everything necessary to secure such rights <br />and help the Insurer enforce them, including the execution of documents necessary to enable the Insurer to effectively <br />bring suit. Any recoveries will be applied as follows: <br />a. first, to the Insurer up to the amount of its payment for Damages and Claim Expenses; <br />b. then, to the Insured as recovery of Deductible amounts paid as Damages and Claim Expenses. <br />The Insurer waives its rights of subrogation under this Policy against clients of the Insured as respects Claim(s) <br />arising from Professional Services under the client’s contract requiring waiver of subrogation but only to the extent <br />required by written contract. <br />16.Other Insurance <br />This Policy shall be excess of any other valid insurance available to the Insured, including any project-specific <br />professional liability insurance. This Policy shall also be excess of any Deductible or self-insured retention under such <br />other insurance. <br />17.Territory <br />This Policy applies to Claim(s)arising from Professional Services rendered worldwide. <br />However, this Policy shall not apply to any risk which would be in violation of the law of the United States including, <br />but not limited to, U.S. economic or trade sanction laws or export control laws administered by the U.S. Treasury, <br />State, and Commerce Departments (e.g. the economic and trade sanctions administered by the U.S. Treasury Office <br />of Foreign Assets Control). <br />Page 14 of 16RDP 101 (09/18) <br />The Insurer waives its rights of subrogation under this Policy against clients of the Insured as respects Claim(s)g g y g p () <br />arising from Professional Services under the client’s contract requiring waiver of subrogation but only to the extentg <br />required by written contract. <br />Docusign Envelope ID: 07796B34-1668-8B96-813E-7DF222D8AFB5