Extract to table

" HBS, as Nexford's outside litigation counsel directing the day-to-day defense of both the Higgins and Consolidated Builders actions, must ensure that all actions taken in the defense of these matters are fully consistent with this cooperation obligation

The duty of cooperation is a condition of coverage under the Midland Casualty policy, and any material breach of that duty could provide Midland Casualty with a basis to disclaim coverage or to assert a reservation of rights — an outcome that Nexford must avoid

For any settlement or combination of settlements that would cause aggregate paid losses (including defense costs) to exceed $10 million — thereby reaching the Great Basin Insurance Company 1st Excess/Umbrella layer at its $10 million attachment point — C&H must be consulted in advance so that proper notice can be given to all affected excess carriers

Reporting Obligation to Midland Casualty A critical feature of the Midland Casualty primary GL/PL policy that must inform HBS's approach to both pending actions is that defense costs under the policy are included within the per-occurrence and aggregate limits

Upon any exhaustion or anticipated exhaustion of the primary layer, notice obligations to excess carriers must be triggered promptly

Confidentiality and Privilege All communications between C&H and HBS regarding coverage matters, tower structure, tower erosion analysis, and related topics are intended to be, and shall be treated as, protected by the attorney-client privilege and/or the work-product doctrine