# New York Amendatory Endorsement (continued)

## New York Laws

- **a.** If the Company concludes that, based on occurrences, offenses, claims or suits date on which:
  - (1) the applicable limit of insurance is used up, if the Company sent notice in accordance with paragraph b.(1). above; or
  - (2) the Company sent notice in accordance with paragraph b.(1) above, if the Company did not send notice in accordance with paragraph a. above.
- **d.** The exhaustion of any limit of insurance by the payments of judgments or settlements, and the resulting end of the Company's duty to defend, will not be affected by the Company's failure to comply with any of the provisions of this condition.

## When Loss Is Payable

This policy will only apply after the insured or the insured's underlying insurer is obligated to pay the full amount of the underlying limits of insurance. When the amount of the loss has finally been determined, the Company will promptly pay the amount of loss which is covered under the terms and conditions of this policy.

In the event that a judgment against the insured, in an action brought to recover damages for injury sustained or loss or damage occasioned, during the life of the policy shall remain unsatisfied at the expiration of 30 days from the serving of notice of entry of judgment upon the attorney for the insured, or upon the insured, and upon the Company, then an action may, except during a stay or limited stay of execution against the insured on such judgment, be maintained against the Company under the terms of the policy for the amount of such judgment not exceeding the amount of the applicable limit of insurance.

All other terms and conditions remain unchanged.

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**Authorized Representative**

**Date:** May 8, 2012

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**Reference Copy**

**New York Amendatory**

**Form 07-02-1439 (Ed. 11/98) Endorsement**

**Page 6 of 6**