# New York Amendatory - 178241 03 06 NY

**Policy Amendment - Excess Liability Policy**

A. With respect to any Insured's employees subject to the New York State Workers' Compensation Law:

This policy does not apply to any liability arising out of any:
1. Injury to any current or former officer or employee of any Insured arising out of and in the course of:
   a. Employment by any Insured; or
   b. Performing duties related to the conduct of any Insured's business; or
2. Injury sustained by the spouse, child, parent, brother, or sister of any officer or employee of any Insured as a consequence of 1. above.

This applies to all claims and Suits by any person or organization for damages because of such injury or liability including damages for care and loss of services and to any obligation to share damages with or to repay someone else who must pay damages because of such injury or liability.

This exclusion does not apply to liability assumed by an Insured under an insured contract.

B. Item 1. of the paragraph preceding SECTION I - EXCESS INSURING AGREEMENT is replaced by the following:
1. The Statement in the Declarations are your agreements and representations;

C. SECTION II - DEFENSE AND EXPENSE OF CLAIMS AND SUITS, A. DEFENSE is replaced by the following:
A. DEFENSE
1. We have the right to associate with the Insured or the insurers of Underlying Insurance in the investigation, defense or settlement of any claim made, Suit brought or proceedings instituted, to which we think this policy may apply. However, we are not obligated to defend any person or organization against, or participate in the settlement or defense of, any claim made, Suit brought, or proceedings instituted.
2. After the applicable limits of all Underlying Insurance cease to apply because of exhaustion by payment of their limits of insurance and if all Underlying Insurance have a duty to defend such Suit, we will assume the duty to defend any Insured against any Suit seeking damages to which this policy applies if even if the allegations are groundless, false, or fraudulent.

This Form must be attached to Change Endorsement when issued after the policy is written.
One of the Fireman's Fund Insurance Companies as named in the policy.

**Secretary**
**President**