# CHUBB EXCESS LIABILITY INSURANCE - SL

## Endorsement

**Policy Period:** MAY 21, 2013 To MAY 21, 2014  
**Effective Date:** May 21, 2013  
**Policy Number:** 7966-56-84  
**Insured:** INTERNATIONAL BUSINESS MACHINES CORPORATION  
**Name of Company:** FEDERAL INSURANCE COMPANY  
**Date Issued:** May 22, 2013  

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### Endorsement
**New York**
**Duty To Report Claims, Timely Notice Of Loss**

**THIS POLICY IS SUBJECT TO THE FOLLOWING ENDORSEMENT.**

The following provision is added to this policy:

**Duty To Report Claims, Timely Notice Of Loss Provisions**

Subject to the terms and conditions of this insurance, failure to give any notice required under this condition shall not invalidate this insurance unless such failure has prejudiced us, except as provided in the next paragraph.

Notwithstanding anything contained in the preceding paragraph, failure to give any notice required under this condition shall not invalidate this insurance if it is shown that it was not possible to provide such notice as soon as practicable and such notice was given as soon as reasonably possible thereafter.

With respect to a claim or suit for bodily injury, if we disclaim liability or deny coverage based on the failure to provide timely notice, then, notwithstanding any other provision in this contract, the injured person or other claimant may maintain an action directly against us. In such an action, the sole question will be our disclaimer or denial based on the failure to provide timely notice, unless within sixty (60) days of such disclaimer or denial, you or we:
- initiate an action to declare the rights of the parties under this contract; and
- name the injured person or other claimant as a party to such action.

Under this condition, the burden of proving prejudice for failure to provide timely notice shall be on:
- us if the notice was provided within two (2) years of the time required under this policy; or
- the insured, injured person or other claimant if the notice was provided more than two (2) years after the time required under this policy.

Notwithstanding the above paragraph, an irrebuttable presumption of prejudice shall apply if, prior to notice:
- the insured's liability has been determined by a court of competent jurisdiction or by binding arbitration; or

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**New York Late Notice Mandatory**

Form 07-02-2313 (Ed. 1/09) Endorsement  
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