CFC Underwriting Limited is Authorised and Regulated by the Financial Conduct Authority ©1999-2022 CFC Underwriting Ltd, All Rights Reserved Technology v3.0 panel providers. All other costs may only be incurred with the prior written consent of the claims managers (which will not be unreasonably withheld).
In respect of INSURING CLAUSE 10, if due to an emergency, our written consent cannot reasonably be obtained prior to costs and expenses being incurred with respect to any claim, we will give retrospective approval for those costs and expenses during the period of 14 days immediately following the date on which the claim was first made or instituted.
2. Additional insureds
Other than in respect of INSURING CLAUSE 10, we will indemnify any third party as an additional insured under this Policy, but only in respect of sums which they become legally obliged to pay (including liability for claimants' costs and expenses) as a result of a claim arising solely out of an act committed by you, provided that:
a. you contracted in writing to indemnify the third party for the claim prior to it first being made against them; and
b. had the claim been made against you, then you would be entitled to indemnity under this Policy.
Before we indemnify any additional insured they must:
a. prove to us that the claim arose solely out of an act committed by you; and b. fully comply with CONDITION 1 as if they were you. Where we indemnify a third party as an additional insured under this Policy, this Policy will be primary and non-contributory to the third party's own insurance, but only if you and the third party have entered into a contract that contains a provision requiring this.
Where a third party is treated as an additional insured as a result of this Condition, any claim made by that third party against you will be treated by us as if they were a third party and not as an insured.
3. Agreement to pay claims other than for legal expenses Other than in respect of INSURING CLAUSE 9, we have the right and duty to take control of and conduct in your name the investigation, settlement or defence of any claim. We will not have any duty to pay costs and expenses for any part of a claim that is not covered by this Policy.
You may ask the claims managers to consider appointing your own lawyer to defend the claim on your behalf and the claims managers may grant your request if they consider your lawyer is suitably qualified by experience, taking into account the subject matter of the claim, and the cost to provide a defence.
We will endeavour to settle any claim through negotiation, mediation or some other form of alternative dispute resolution and will pay on your behalf the amount we agree with the Policy No. ESM0139891471