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<br /> SETTLE CLAIMS inl• n'st ru,creL I+ a,aourJ so paid shall
<br /> S. OPTtONf to PAY OR OTHERWIS= In. decni,,) a P:!D'h to sat,, owner.
<br /> lhr Company shall have the option to pay or otherwise
<br /> scufc for or in the name of an insured claimant any claim in. 10. APPORTIONM;
<br /> sured against or to terminate all liability and obligations of If the land delconsuls of two or more
<br /> the Company hereunder by paying or tendering Payment of
<br /> • the amount of insurance under this policy together with any parcels which are silo, and a loss Is estab•
<br /> costs, attorneys' fees and expenses Incurred UP to the time lished affecting 0Parcels but not all, the
<br /> payment, b the insured claim- loss shall be corr4 a pro rasa basis as It
<br /> of such payment or tender of pay Y the amount of In�,licy was divided pro
<br /> 4,. ant and authorized by the Company. -rota as to the vaIC-( each separate pafaet
<br /> to the whole, exeltments made sul e
<br /> uequen
<br /> 6: DETERMINATION AND PAYMENT OF LOSS to Date Of Policyor value ha•. otherwise
<br /> (a) The liability of the Company under this policy shall been agreed upon#,) by the Company and
<br /> .r the insured at tKhce of this policy and
<br /> ,�. .. shown by an exprf or by an endorsement
<br /> r ln'no case exceed the Least of•.(1) the actual loss of the insured claimant; qr attached hereto.
<br /> III) the amount of insurance in Schedule A: +
<br /> (b) The Company will pay, In addition to any loss Iriiurcd .i 1, SUBROGATION SETTLEMENTS 1,
<br /> r against by this policy, all costs imposed upon an Insured in lit'- 4�:• e
<br /> Ration curried on by the Company.for such insured, and all Whenever that settled a claim under
<br /> costs, attorneys' fees and expenses m Ilti��ecation carried on by this p%tvilollcy oil n •II imat t. the• Company
<br /> such Insured with the written authort7at4on of the Company. shall
<br /> ebe s by any to all r. The red re ny
<br /> shell be subroget ya all rights and rcme-
<br /> (c) When liability has been definitely fixed in accordance dies which such in have hod ngalnst any
<br /> with the conditions of this policy, the loss or damage shell be person or property aim had this policY.not
<br /> payable within 30 days thereafter. been Issued, and ICompany. such insured
<br /> • claimant shall transap rights and remedies
<br /> 7. LIMITATION OF LIABILITY against any person ary in order to perfect
<br /> such right of subrt,ermit the Company to
<br /> _ No claim shall arise or be maintained under this policy use the name of But in any transaction or
<br /> :., (a) if the Company, after having received notice of an alleged litigation involving nedies. If the payment
<br /> defect, lien or encumbrance insured against hereunder, by does not cover the)) claimant, the Company
<br /> litigation or otherwise, removes such defect, lien or encum- shall be subrogatedd remedies in the Pro"
<br /> brance or establishes the title, as insured, within a reasonable portion which said he amount of said loss.
<br /> time after receipt of such notice; (b) in the event of liltQaljon if loss should resulsuch insured claimant,
<br /> until there has been a final determination by a court of com- such act shall not vL the Company, in that
<br /> petent jurisdiction, and disposition of all appeals therefrom. event, shall be requibat part of any losses
<br /> adverse to the title, as insured, as provided in paragraph 3 insured against here exceed the amount, 1t
<br /> hereof; or (c) for liability voluntarily assumed by an insured any, lost to the Co the impairment of the
<br /> in settling any claim or suit without prior written consent of right of subrogation. ;
<br /> the Company.
<br /> 12. LIABILITY LIMITE(
<br /> S. REDUCTION OF LIABILITY
<br /> • This instrument dorscmums and other
<br /> All payments under this policy, except payments made for instruments, it any, thy Company Is the
<br /> costs, attorneys' fees and expenses, shall reduce the amount entire poliry and fhc m.urcd and the
<br /> of the insurance pro Canto. No payment shall be made without Company
<br /> producing this policy for cudorsement of such payment unless on
<br /> e
<br /> l0whi to ether or not basd
<br /> the policy be lost or destroyed, in which case proof of such negligence, end Any claim of status of the t to
<br /> loss or destruction shall be furnished to the satisfaction of the estate or interesbr any action asserting
<br /> the Company. such claim, shall be r(pvis,ons and conditions
<br /> and stipulations of t
<br /> 9. LIABILITY NONCUMULATIVE No amendment d to this policv on be
<br /> It is expressly understood that the amount of insurance made except by writ�,n or attached hereto
<br /> under this policy shall he reduced by any amount the Com- signed by either the President. the $crretar)•.
<br /> spany hownmav pay or referred Lor policy insuring either (a) a in Schedule. B hereof which is a lien age an on signatory of Secretat officer or authorized
<br /> the Coml
<br /> the estate or interest covered by this policy, or (b) a mortgage
<br /> hereafter executed by an insured which is a charge or lien on 13. NOTICES, WHERE
<br /> the estate or interest described or referred to in Schedule A.
<br /> and the amount so paid shall be deemed a payment under this All notices requirthe Company and any
<br /> policy. 'I he Company shall have the option to apply to the pay- statement in writing urnlshed the Company
<br /> ment of any so,h mortgages any amount that otherwise would shall be addressed to 'le Insurance Company
<br /> he paynhic hereunder In the insun•d owner of the estate or 1937 California St., Dc0202.
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