Wrongful death Sample Clauses

Wrongful death. No less than ninety-five percent (95%) participation of all Eligible Enrollees alleging wrongful death as an Alleged Injury;
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Wrongful death. 2. For mental anguish or emotional distress due to seeing the accident or bodily injury occur. Subject to the “each person” limit, the amount shown for “each accident” is the most we will pay for all damages due to bodily injury sustained by two or more persons in any one accident. The most we will pay for property damage to an insured car arising out of any one accident is the lesser of:
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Wrongful death. (2) This limit is the most we will pay regardless of the number of:
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Wrongful death. 2. For mental anguish or emotional distress due to seeing the accident or bodily injury occur. Subject to the “each person” limit the amount shown for “each accident” is the most we will pay for all damages due to bodily injury sustained by two or more persons in any one accident. No one will be entitled to duplicate payments for the same elements of damages under this policy or from any other source. To prevent duplicate payments for the same elements of damages to be recovered by an insured person, the total damages an insured person is entitled to recover for bodily injury from the owner or operator of the uninsured motor vehicle or underinsured motor vehicle shall be reduced by any amount paid or to be paid because of bodily injury:
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Wrongful death. 2. For mental anguish or emotional distress due to seeing the accident or bodily injury occur. No one will be entitled to duplicate payments for the same elements of damages under this policy or from any other source. Any amount to be paid under this coverage, to or for an insured person, will reduce any amount that the person is entitled to recover under Part I - Liability To Others. The amount of damages an insured person is legally entitled to recover and which are used to determine the amount that may be recovered under this Part III shall be reduced by any amount:
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Wrongful death. 2. For mental anguish or emotional distress due to seeing the accident or bodily injury occur, unless these are damages incurred by an insured person who has also sustained a bodily injury in the same accident. Subject to the “each person” limit the amount shown for “each accident” is the most we will pay for all damages due to bodily injury sustained by two or more persons in any one accident. The most we will pay for all damages due to property damage arising out of any one accident is the applicable limit of liability shown in the Declarations Page for Uninsured Motorist Property Damage Coverage. Subject to that limit, for an insured car and/or personal property in that insured car which is covered under this Part III, we will pay the lesser of:
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Wrongful death. 2. For mental anguish or emotional distress due to seeing the accident or bodily injury occur. Subject to the “each person” limit the amount shown for “each accident” is the most we will pay for all damages due to bodily injury sustained by two or more persons in any one accident. This clause will not preclude stacking, but only as expressly set forth above for you or a relative, if an insured person and Part III coverage applies. No one will be entitled to duplicate payments for the same elements of damages under this policy or from any other source. Any amount to be paid under this coverage, to or for an insured person, will reduce any amount that the person is entitled to recover under Part I - Liability To Others. This shall not apply to reduce a Part I payment to an amount that is less than the minimum limits. Our limit of liability under this Part III shall be reduced by any amount paid or to be paid because of bodily injury by or behalf of any persons or organizations that may be legally responsible, including, but not limited to all sums paid under Part I of this policy. This shall not apply to reduce a Part III payment to an amount that is less than the minimum limits. The Limits of Liability under this Part III shall not be reduced by sums paid or payable under:
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Wrongful death. Xxxxx X. Xxxx, et al versus Torch Offshore, Inc., et al; 17th Judicial District; No. 97996 Div:"A"
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Related to Wrongful death

  • By Death Executive’s employment shall terminate automatically upon Executive’s death. The Company shall pay to Executive’s beneficiaries or estate, as appropriate, any compensation then due and owing. Thereafter all obligations of the Company under this Agreement shall cease. Nothing in this Section shall affect any entitlement of Executive’s heirs or devisees to the benefits of any life insurance plan or other applicable benefits.

  • Disability; Death If the Company terminates Executive’s employment as a result of Executive’s Disability, or Executive’s employment terminates due to Executive’s death, then Executive will not be entitled to receive any other severance or other benefits, except for those (if any) as may then be established under the Company’s then existing written severance and benefits plans and practices or pursuant to other written agreements with the Company.

  • Disability or Death (i) The Employment Term and Executive’s employment hereunder shall terminate upon Executive’s death and may be terminated by the Company if Executive becomes physically or mentally incapacitated and is therefore unable for a period of six (6) consecutive months or for an aggregate of nine (9) months in any twenty-four (24) consecutive month period to perform Executive’s duties (such incapacity is hereinafter referred to as “Disability”). Any question as to the existence of the Disability of Executive as to which Executive and the Company cannot agree shall be determined in writing by a qualified independent physician mutually acceptable to Executive and the Company. If Executive and the Company cannot agree as to a qualified independent physician, each shall appoint such a physician and those two physicians shall select a third who shall make such determination in writing. The determination of Disability made in writing to the Company and Executive shall be final and conclusive for all purposes of the Agreement.

  • Upon Death or Disability If the Executive dies, all provisions of Section 3 of this Agreement (other than rights or benefits arising as a result of such death) and the Employment Term shall be automatically terminated; provided, however, that an amount equal to the earned and unpaid Incentive Payments to the date of death and the Standard Termination Payments shall be paid to the Executive’s surviving spouse or, if none, the Executive’s estate (as set forth above), and the death benefits under the Company’s employee benefit plans shall be paid to the Executive’s beneficiary or beneficiaries as properly designated in writing by the Executive. If the Executive is unable to perform the essential functions of the Executive’s job under this Agreement, with or without reasonable accommodation, by reason of physical or mental disability or incapacity (“Disability”) and such disability or incapacity shall have continued for any period aggregating six months within any 12 consecutive months, the Company may terminate this Agreement and the Employment Term at any time thereafter. In such event, the Executive shall be entitled to receive the Executive’s normal compensation hereunder during said time of disability or incapacity, and shall thereafter be entitled to receive the “Disability Incentive Payment” (as described in the penultimate sentence of this subsection (b)) and the Standard Termination Payments (as set forth above). The portion of the payment representing the Disability Incentive Payment shall be paid in a lump sum determined on a net present value basis, using a reasonable discount rate determined by the Board. The Disability Incentive Payment shall be equal to the target Incentive Payment that the Executive would have been eligible to receive for the year in which the Employment Term is terminated multiplied by a fraction, the numerator of which is the number of days in such year before and including the day of termination of the Employment Term and the denominator of which is the total number of days in such year. Subject to Section 19 below, the Disability Incentive Payment shall be payable in a lump sum on the 60th day after termination of the Executive’s employment.

  • Executive’s Death In the event Executive shall die after, or within six months prior to, the date a Change in Control occurs and this Agreement becomes operative, all amounts and benefits which would have been payable or due to Executive if Executive had continued to live (including, in the event Executive dies after a Voluntary or Involuntary Termination, the amounts and benefits described in Section 4(c) hereof) shall be paid and provided in accordance with the terms of this Agreement to the executors, administrators, heirs or personal representatives of Executive's estate.

  • Death or Retirement Executive’s employment shall terminate automatically upon Executive’s death or Retirement during the Employment Period. For purposes of this Agreement, “Retirement” shall mean normal retirement as defined in the Company’s then-current retirement plan, or if there is no such retirement plan, “Retirement” shall mean voluntary termination after age 65 with at least ten years of service.

  • By Death or Disability Executive’s employment and this Agreement shall terminate upon Executive’s Disability or death. For purposes of this Agreement, “Disability” shall mean Executive's inability, due to physical or mental incapacity, to perform the essential functions of Executive's job, with or without reasonable accommodation, for one hundred eighty (180) days out of any three hundred sixty-five (365) day period; provided however, in the event that the Company temporarily replaces the Executive, or transfers the Executive's duties or responsibilities to another individual on account of the Executive's inability to perform such duties due to a mental or physical incapacity which is, or is reasonably expected to become, a Disability, then the Executive's employment shall not be deemed terminated by the Company. Any question as to the existence of the Executive's Disability as to which the Executive and the Company cannot agree shall be determined in writing by a qualified independent physician mutually acceptable to the Executive and the Company. If the Executive and the Company cannot agree as to a qualified independent physician, each shall appoint such a physician and those two physicians shall select a third who shall make such determination in writing. The determination of Disability made in writing to the Company and the Executive shall be final and conclusive for all purposes of this Agreement. The Company shall give Executive written notice of termination for Disability and the termination shall be effective as of the date specified in such notice.

  • Death The Executive’s employment hereunder shall terminate upon his death.

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