**ORIGINAL POLICY**

this Policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative.

2. With respect to "bodily injury" claims, if we deny coverage or do not admit liability because an insured or the injured person, or someone acting for the injured person or other claimant fails to give us written notice as soon as practicable, the injured person, someone acting for the injured person or other claimant may bring an action against us, provided the sole question is whether the denial of coverage or non-admission of liability is based on the failure to provide timely notice.

However, the injured person, someone acting for the injured person or other claimant may not bring an action if within 60 days after we deny coverage or do not admit liability, we or an insured:

a. Brings an action to declare the rights of the parties under the policy; and

b. Names the injured person, someone acting for the injured person or other claimant as a party to the action

For the purposes of this CONDITION F only, "bodily injury" means physical injury, sickness, or disease, including death, of a person. "Bodily injury" also means mental injury, mental anguish, humiliation, or shock if directly resulting from physical injury, sickness, or disease to that person.

Section VI. - CONDITION H. Paragraph 2. is deleted and the following condition is added:

Failure to give notice to us as required under this Coverage Part shall not invalidate any claim made by the insured, injured person or any other claimant, unless the failure to provide such timely notice has prejudiced us. However, no claim made by the insured, injured person or other claimant will be invalidated if it shall be shown not to have been reasonably possible to give such timely notice and that notice was given as soon as was reasonably possible thereafter.

The following condition is added to Section VI. CONDITIONS as CONDITION M. CONFORMING TO NEW YORK STATUTES:

Notwithstanding anything to the contrary in this policy, the insurance coverage afforded by this policy as respects operations in New York State shall conform to the requirements of the applicable New York State Insurance Laws and the applicable New York State Department of Financial Services regulations. However, the limit of liability provided by this policy shall be excess of the limit of liability of any underlying insurance or self-insurance as stated in the Declarations or any endorsement attached thereto.

This endorsement does not change any other provision of the policy.