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<br /> • - CONDITIONS
<br /> 1: Premium All premiums for this policy shall be computed in accordance with 6. Other Insurance The insurance afforded by this policy is primary insurance,
<br /> ' ' the company's rules, rates, rating plans, premiums anu minimum except when stated to apply ir, excess of or contingent upon
<br /> premiums applicable to the insurance afforded herein. the absence of other insurance. When this insurance is primary and the insured
<br /> Premium designated in this policy as "advance premium" is a deposit premium has other insurance which is stated to be applicable to the loss on an excess or con-
<br /> only which shall be credited to the amount of the earned premium due at the end tingent basis, the amount of the company's liability under this policy shall not be
<br /> ,0"*Nf the policy period. At the close of each period (or part thereof terminating with reduced by the existence of such other insurance.
<br /> .he end of the policy period) designated in the declarations as the audit period the When both this insurance and other insurance apply to the loss on the same basis,
<br /> earned premium shall be computed for such period and, upon notice thereof to the whether primary, excess or contingent, the company shall not be liable under this
<br /> named insured, shall become due and payable. If the total earned premium for the policy for a greater proportion of the loss than that stated in the applicable contri-
<br /> policy period is less than the premium previously paid, the company shall return to bution provision below:
<br /> the named insured the unearned portion paid by the named insured.
<br /> The named insured shall maintain records of such information as is necessary for (a) Contribution by Equal Shares. If all of such other valid and collectible insurance
<br /> provides for contribution by equal shares, the company shall not be liable for
<br /> premium computation, and shall send copies of such records to the company at the
<br /> a greater proportion of such loss than would be payable if each insurer con-
<br /> end of the policy period and at such times during the policy period as the company
<br /> may direct. tributes an equal share until the share of each insurer equals the lowest ap•
<br /> plicable limit of liability under any one policy or the full amount of the loss
<br /> 2. inspection and Audit The company shall be permitted but not obligated to is paid, and with respect to any amount of loss not so paid the remaining
<br /> inspect the named insured's property and operations at insurers then continue to contribute equal shares of the remaining amount of
<br /> any time. Neither the company's right to make inspections nor the making thereof the loss until each such insurer has paid its limit in full or the full amount of
<br /> nor any report thereon shall constitute an undertaking, on behalf of or for the benefit the loss is paid.
<br /> of the named insured or others,to determine or warrant that such property or opera- (b) Contribution by Limits. If any of such other insurance does not provide for
<br /> tions are safe or healthful, or are in compliance with any law, rule or regulation. contribution by equal shares, the company shall not be liable for a greater
<br /> The company may examine and audit the named insured's books and records at proportion of such loss than the applicable limit of liability under this policy
<br /> any time during the policy period and extensions thereof and within three years for such loss bears to the total applicable limit of liability of all valid and
<br /> after the final termination of this policy, as tar as they relate to the subject matter collectible insurance against such loss.
<br /> of this insurance. 7. Subrogation In the event of any payment under this policy, the company
<br /> 3. Financial Responsibility Laws When this policy is certified as proof of financial shall be subrogated to all the insured's rights of recovery there-
<br /> responsibility for the future under the provisions for against any person or organization and the insured shall execute and deliver
<br /> of any motor vehicle financial responsibility law, such insurance as is afforded by instruments and papers and do whatever else is necessary to secure such rights. The
<br /> this policy for bodily injury liability or for property damage liability shall comply insured shall do nothing after loss to prejudice such rights.
<br /> with the provisions of such law to the extent of the coverage and limits of liability g, Changes Notice to any agent or knowledge possessed by any agent or by any
<br /> required by such law. The insured agrees to reimburse the company for any pay other person shall not effect a waiver or a change in any part of this
<br /> ment made by the company which it would not have been obligated to make under policy or estop the company from asserting any right under the terms of this policy;
<br /> the terms of this policy except for the agreement contained in this paragraph, nor shall the terms of this policy be waived or changed, except by endorsement is-
<br /> 4. Insured's Duties in the Event of Occurrence, Claim or Suit sued to form a part of this policy.
<br /> (a) In the event of an occurrence, written notice containing particulars sufficient 9. Assignment Assignment of interest under this policy shall not bind the com-
<br /> to identify the insured and also reasonably obtainable information with respect pany until its consent is endorsed hereon; if, however, the named
<br /> to the time, place and circumstances thereof, and the names and addresses insured shall die, such insurance as is afforded by this policy shall apply (1) to the
<br /> of the injured and of available witnesses, shall be given by or for the insured named insured's legal representative, as the named insured, but only while acting
<br /> to the company or any of its authorized agents as soon as practicable. within the scope of his duties as such, and (2) with respect to the property of the
<br /> (b) If claim is made or suit is brought against the insured, the insured shall im- named insured, to the person having proper temporary custody thereof, as insured,
<br /> r� mediately forward to the company every demand, notice, summons or other but only until the appointment and qualification of the legal representative.
<br /> process received by him or his representative. 10. Three Year Policy If this policy is issued for a period of three years any
<br /> (c) The insured shall cooperate with the company and, upon the company's re- limit of the company's liability stated in this policy as
<br /> quest, assist in making settlements, in the conduct of suits and in enforcing "aggregate" shall apply separately to each consecutive annual period thereof.
<br /> any right of contribution or indemnity against any person or organization who 11. Cancellation This policy may be cancelled by the named insured by surrender
<br /> may be liable to the insured because of injury or damage with respect to which thereof to the company or any of its authorized agents or by
<br /> insurance is afforded under this policy; and the insured shall attend hearings mailing to the company written notice stating when thereafter the cancellation shall
<br /> and trials and assist in securing and giving evidence and obtaining the at- be effective. This policy may be cancelled by the company by mailing to the named
<br /> tendance of witnesses. The insured shall not,except at his own cost, voluntarily insured at the address shown in this policy, written notice stating when not less
<br /> make any payment, assume any obligation or incur any expense other than than ten days thereafter such cancellation shall be effective. The mailing of notice
<br /> for first aid to others at the time of accident. as aforesaid shall be sufficient proof of notice. The time of surrender or the effec-
<br /> 5. Action Against Company No action shall lie against the company unless, as tive date of cancellation stated in the notice shall become the end of the policy
<br /> a condition precedent thereto, there shall have been period. Delivery of such written notice either by the named insured or by the com-
<br /> full compliance with all of the terms of this policy, nor until the amount of the pany shall be equivalent to mailing.
<br /> insured's obligation to pay shall have been finally determined either by judgment if the named insured cancels, earned premium shall be computed in accordance
<br /> against the insured after actual trial or by written agreement of the insured, the with the customary short rate table and procedure. If the company cancels, earned
<br /> claimant and the company. premium shall be computed pro rata. Premium adjustment may be made either at the
<br /> Any person or organization or the legal representative thereof who has secured time cancellation is effected or as soon as practicable after cancellation becomes
<br /> such judgment or written agreement shall thereafter be entitled to recover under effective, but payment or tender of unearned premium is not a condition of can-
<br /> this policy to the extent of the insurance afforded by this policy. No person or or- cellation.
<br /> ganization shall have any right under this policy to join the company as a party to 12. Declarations By acceptance of this policy, the named insured agrees that
<br /> any action against the insured to determine the insured's liability, nor shall the com- the statements in the declarations are his agreements and repre-
<br /> pany be impleaded by the insured or his legal representative. Bankruptcy or in. sentations, that this policy is issued in reliance upon the truth of such representa.
<br /> solvency of the insured or of the insured's estate shall not relieve the company of tions and that this policy embodies all agreements existing between himself and
<br /> any of its obligations hereunder. the company or any of its agents relating to this insurance.
<br /> Service of Process Service of Process may be had upon the State Official duly designated for such purpose in the State in which the property insured hereunder is located
<br /> if Lloyd's U. S. is licensed in such state; or upon the Commissioner of Insurance of the State of Texas; or upon the duly appointed Attorneys-in-Fact for Lloyd's U. S. at
<br /> Dallas, Texas. Underwriters at Lloyd's U. S. have complied with the laws of the State of Texas regulating Lloyds plan insurance and said statutes are hereby made a
<br /> part of this policy. The entire assets of Lloyd's U. S. supports its policies, but each individual underwriter's liability is several and not joint and is limited by law to the
<br /> amount fixed by his underwriter's contract and subscription and no underwriter is liable as a partner. This policy is made and accepted subject to the foregoing stipu.
<br /> lations and conditions together with such other provisions, agreements or conditions as may be endorsed hereon or added hereto, and no agent or other representative
<br /> of Lloyd's U. S. shall have the power to waive any provision or condition of this policy. This policy is non-assessable and no contingent liability of any kind and character
<br /> attaches to the Insured named herein.
<br /> In Witness Whereof, The Corporation of Lloyd's, attorney-in-fact, for the Underwriters at Lloyd's, U. S„ has caused this policy to be executed and attested, but this
<br /> /.� policy shall not be valid unless countersigned on the declarations page by a duly authorized representative of the company.
<br /> Secretary President
<br /> COMPLAINT NOTICE: Should any dispute arise about your premium or about a claim that you have filed, contact the agent or write to the
<br /> company that issued the policy. If the problem is not resolved, you may also write the State Board of Insurance, Department C, 1110 San
<br /> Jacinto, Austin, Texas 78786, This notice of complaint procedure is for information only and does not become a part or condition of this policy.
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