# Transfer of Rights of Recovery Against Others to Us.

If an insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them.

Reimbursement will be made in the following order:

1. First, to any interest (including the insured) who has paid any amount in excess of the limits of this insurance;
2. Next, to us; and
3. Then to any interest (including the insured and a provider of "underlying insurance") as are entitled to claim the remainder, if any.

When we assist in pursuit of an insured's rights of recovery, reasonable expenses resulting therefrom shall be apportioned among all interests in the ratio of their respective recoveries. If there should be no recovery as a result of proceedings instituted solely at our request, we shall bear all expenses of such proceedings.

## When We Do Not Renew

If we decide not to renew this Coverage Form, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the non-renewal not less than 60 days before the expiration date, unless a different number of days is shown in the Declarations. If notice is mailed, proof of mailing will be sufficient proof of notice.

## When "Loss" is Payable

As soon as practicable, we will pay the amount of "loss" after:

1. a. An insured's liability is established by court decision; or
2. b. There is a written agreement between the claimant, the insured, and us; and
3. c. The amount of "underlying insurance" is paid by or on behalf of an insured.

We will pay all claims, as soon as practicable, provided all terms of this insurance are met.

## SECTION IV - DEFINITIONS

A. "Controlling underlying insurance" means the policy or policies shown in the Schedule of Underlying Insurance as such. When there are multiple types of "underlying insurance," there may be multiple instances of "controlling underlying insurance" that will apply individually to each type.