# COMMERCIAL EXCESS LIABILITY

**POLICY NUMBER:** CEX09600213-02

**THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.**

## NEW YORK CHANGES

This endorsement modifies insurance provided under the following:

### COMMERCIAL EXCESS LIABILITY COVERAGE PART

#### A. The following is added to Paragraph 1. Insuring Agreement of Section I – Coverages:
When we have a duty to defend, we will defend the insured against any suit seeking those damages even if the allegations of the suit are groundless, false or fraudulent.

#### B. Paragraph 3. of Section II – Limits Of Insurance is replaced by the following:
3. If any "controlling underlying insurance" has a policy period that is different from the policy period of this Coverage Part then, for the purposes of this insurance, the "retained limit" will only be reduced or exhausted by the amount of judgments and settlements made for "injury or damage" covered under this insurance.

#### C. Section III – Conditions is revised as follows:
1. The following is added to Paragraph 3. Duties In The Event Of An Event, Claim Or Suit:
e. Notice given by or on behalf of the insured, or written notice by or on behalf of the injured person or any other claimant, to any agent of ours in New York State, with particulars sufficient to identify the insured, shall be considered to be notice to us.
2. Paragraph 7. Maintenance Of/Changes To Controlling Underlying Insurance is replaced by the following:
Any "controlling underlying insurance" must be maintained in full effect throughout the policy period except for the exhaustion of the aggregate limit in accordance with the provisions of "controlling underlying insurance" that results from "injury or damage" to which this insurance applies.
Such exhaustion is not a failure to maintain "controlling underlying insurance". Failure to maintain "controlling underlying insurance" will not invalidate insurance provided under this Coverage Part, but insurance provided under this Coverage Part will apply as if the "controlling underlying insurance" were in full effect.

#### D. Paragraph 8.a. of Other Insurance is replaced by the following:
a. This insurance is excess over, and shall not contribute with any of the other insurance, whether primary, excess, contingent or on any other basis. This condition will not apply to insurance specifically written as excess over this Coverage Part.
When this insurance is excess, if no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers.

#### E. Paragraph 9.b. of Premium Audit is replaced by the following:
b. If this policy is auditable, the premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period, we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. An audit to determine the final premium due or to be refunded will be completed within 180 days after the expiration date of the policy. But the audit may be waived if the total annual premium attributable to the auditable exposure base is not reasonably expected to exceed $1,500. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium, we will return the excess to the first Named Insured.

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© Insurance Services Office, Inc., 2009
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