Page 82 - Binder2

Condition unless specific indemnity is provided (b) Any statement or information or fact relating to
within the Section the Claim or Circumstance given to such legal
representation by the Insured shall be deemed to
(g) The Insured shall not incur any liability for costs have been also made direct to the Company
or expenses in connection with any Claim or
Circumstance to any other party or person (c) The Company may at any time pay to the Insured
without the written consent of the Company nor the amount of the Limit of Indemnity (less any
make any admission offer promise payment sum already paid or expended during the Period
indemnity negotiation towards settlement or of Insurance and less the amount of any
anything which could be construed as such in Deductible) or any lesser amount for which any
respect of any Claim or Circumstance save that Claim can be settled and shall then cease to
the Company shall not object to the Insured have the conduct and control of the Claim or
carrying out or arranging to carry out remedial proceedings and be under no further liability in
work at its own expense which is intended to respect of such Claim as from such date The
avoid a Claim or Circumstance arising Company shall not be responsible for any loss
which the Insured may claim to have sustained
(h) The Insured shall take all reasonable steps to by reason of the Company having so acted For
prevent further loss the purposes of this sub-clause “any lesser
amount” may include an undertaking by the
2. Claims (Company's rights) Company to pay any costs and interest awarded
This condition applies to the Officials’ Indemnity against an Insured when ascertained by a Court
Section and Professional Indemnity Section or Arbitrator

(a) The Company may

(i) investigate handle and control any Claim or
Circumstance notified to it at its absolute
discretion and may settle compromise or
make ex-gratia payments in respect thereof
and generally conduct any proceedings
process or actions related to such Claim or
Circumstance as it deems appropriate and
the costs incurred by the Company in this
undertaking (including Claim Investigation
Expenses) shall be subject to any
Deductible shown in the Section Schedule
irrespective of whether an indemnity is
subsequently provided to the Insured in
respect of such Claim or Circumstance

(ii) at its discretion take over and control the
legal representation of the Insured at any
inquest inquiry or other proceedings in any
Court concerning any matter that has or
may give rise to a Claim hereunder and/or
the defence and settlement of any Claim
The Company shall conduct such
representation and defence and settlement
of Claims as it sees fit so to do In the event
that the Company makes any payment the
Insured will on demand pay to the Company
the amount of the Deductible applicable

In the event of a dispute between the
Insured and the Company as to whether
the Insured shall be required to contest any
legal proceedings then the Company shall
only require the Insured to contest the same
if a counsel mutually agreed between the
Insured and the Company ( or in the event
of disagreement appointed by the President
of the Bar Council ) shall advise that there
are reasonable prospects of successfully
defending the Claim or limiting the exposure
of the Insured to legal liability by so doing

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Casualty Policy Wording TRV0126 02/14 Policy Code 2010 05/12