ACTION AGAINST INSURER. Except as provided in Clause XVIII of the policy, no action shall be taken against the Insurer unless, as a condition precedent thereto, there shall have been full compliance with all of the terms of this policy, and the amount of the Insured’s obligation to pay shall have been finally determined either by judgment against such Insured after actual trial, or by written agreement of the Insured, the claimant(s) and the Insurer. No person or organization shall have any right under this policy to join the Insurer as a party to any action against any Insured or Organization to determine the Insured’s liability, nor shall the Insurer be impleaded by any Insured Person, their spouse or legally recognized domestic partner, any Organization or any legal representative of the foregoing.
ACTION AGAINST INSURER. No action shall lie against the Insurer under any Insuring Agreement of this policy including the Insuring Agreement relating to “Defense - Miscellaneous Payments” unless, as a condition precedent thereto, there shall have been full compliance with all the terms of this policy, nor until the amount of the Insured’s obligation to pay shall have been finally determined either by judgment against the Insured after actual trial or by written agreement of the Insured, the claimant and the Insurer. Every action or proceeding against the Insurer shall be commenced within 1 year next after the date of such judgment or written agreement and not afterwards. If this policy is governed by the laws of Quebec, every action or proceeding against the Insurer shall be commenced within 3 years from the time the right of action arises. Nothing contained in this policy shall give any person or organization any right to join the Insurer as a co-defendant in any action against the Insured to determine the Insured’s liability. Bankruptcy or insolvency of the Insured or of the Insured’s estate shall not relieve the Insurer of any of its obligations he reunder.
ACTION AGAINST INSURER. The Insured may not bring an action to recover the amount of a claim under this contract unless the requirements of this contract have been complied with nor until the amount of the loss has been ascertained by arbitration as therein provided, or by judgment against the Insured or by agreement between the parties with the written consent of the Insurer.
ACTION AGAINST INSURER. Every action or proceeding against the Insurer for the recovery of any claim under or by virtue of this contract is absolutely barred unless commenced within one year next after the loss or damage occurs. If the laws of the jurisdiction in which the Insured is domiciled, require a longer period then such longer period shall apply.
ACTION AGAINST INSURER. No action shall lie against the Insurer unless, as a condition precedent, to such action there shall have been full compliance with all of the terms of this Policy. In addition, no action shall lie against the Insurer until the amount of the Insured's obligation to pay shall have been finally determined either by judgement against the Insured after actual trial, or by written agreement of the Insured, the claimant and the Insurer. The Insurer shall not be liable for "compensatory damages" that are not payable under the terms of this policy or that are in excess of the applicable limit of insurance. Unless another time limit is specified to the contrary in any Canadian province’s Insurance Act governing this policy, every action or proceeding against the Insurer shall be commenced within one year of the date of such judgement or written agreement and not afterwards. The sole venue for coverage legal action related to this Policy shall be a Superior Court in Canada. Nothing contained in this Policy shall give any person or organization any right to join the Insurer as a co- defendant in any action against the Insured to determine the Insured's liability. Bankruptcy or insolvency of the Insured or of the Insured's estate shall not relieve the Insurer of any of its obligations under this Policy.
ACTION AGAINST INSURER. No action shall lie against the Insurer unless, as a condition precedent thereto, there shall have been full compliance with all the terms of this policy rider, not until thirty days after the required proofs of “loss” have been filed with the Insurer, nor at all unless commenced within two years from the date when the Insured discovers the “loss”. If any limitation of time for notice of “loss” or any legal proceeding herein contained is shorter than that permitted to be fixed by agreement under any statute controlling the construction of this policy, the shortest permissible statutory limitation of time shall govern and shall supersede the rime limitation herein stated.
ACTION AGAINST INSURER. No suit shall be brought under this form until ninety days after proof of loss as required herein has been furnished nor at all unless commenced within two years from the date upon which the loss was discovered by the “Insured”.
ACTION AGAINST INSURER. No action shall lie against “us” unless, as a condition precedent thereto “you” shall have fully complied with all the terms of this Form, nor until the amount of “your” obligation to pay shall have been finally determined either by judgment against “you” after actual trial or by written agreement of “you”, the claimant and “us”. Every action or proceeding against “us” shall be commenced within one year after the cause of action arose and not afterwards.
ACTION AGAINST INSURER. No action shall lie against the Insurer unless, as a condition precedent thereto, there shall have been full compliance with all the terms of this Policy, nor until sixty (60) days after the required proofs of loss have been filed with the Insurer, nor at all unless commenced within three years from the date of loss.
ACTION AGAINST INSURER. No action shall lie against the Insurer unless, as a condition precedent thereto, the Insured shall have fully complied with all of the terms of this policy.
