The named insured has a number of duties to perform when there is a wrongful act or when a claim is presented.
1. The named insured must take the following actions when an insured receives a claim:
- Record the details of the claim.
- Record the date the claim was received.
- Write and notify the insurance company within a reasonable period of time.
Note: Coverage Extension C. Protection of Innocent Insureds states that coverage is not voided for an innocent insured because the named insured did not notify the insurance company of a claim. This applies only if the innocent insured notifies the insurance company in writing as soon as it finds out that the named insured failed to do so.
2. The named insured must work with the insureds involved with the claim and do the following:
- Immediately send copies of demands, notices, summonses, and legal documents it receives in conjunction with the claim to the insurance company.
- Provides the necessary authorization so that the insurance company can gather needed records and other information.
- Cooperate with the insurance company as it investigates or settles the claim or defends a suit.
- Only when the insurance company requests, help it enforce any right against any person or organization that may be liable to the insured for injury or damage that this insurance covers.
Note: The named insured is not to act independently but instead must wait on the insurance company.
3. No insured may voluntarily make any payments, assume any obligations, or incur any expenses without the insurance company's consent. If it does, it does so at its own cost or expense.
4. When the named insured learns of conduct that could lead to a claim, it must notify the insurance company in writing. The time frame is as soon as practicable. The reporting is required when the named insured has a reasonable expectation that the claim could occur. The notification must provide the following:
- A description of the wrongful act or conduct. Dates must be included.
- Persons who took part in the wrongful act. This means the insureds, the potential claimants and any other relevant persons.
- An explanation of why the named insured believes these acts could lead to a claim
- The type of damages that may arise from the wrongful act
- How the insured discovered that a wrongful act had occurred