# Enhanced Commercial Umbrella Liability Policy

## Policy Overview

The policy will apply excess of the "other insurance" and will not contribute with such "other insurance". This provision will not apply if the "other insurance" is written to be excess of this policy.

### Premium

The first "Named Insured" shown in the Declarations will be responsible for payment of all premiums when due.

The premium stated in the Declarations is a flat premium. It is not subject to adjustment except as provided herein or as changed by an endorsement to this policy issued by us.

### Separation of "Insureds"

Except with respect to the Limits of Insurance, the "retained limit", and any rights or duties specifically assigned to the first "Named Insured", this insurance applies:

1. As if each "Named Insured" were the only "Named Insured"; and
2. Separately to each "insured" against whom claim is made or "suit" is brought.

### Titles

The titles to the various parts, sections, subsections and endorsements of this policy are intended solely for ease of reference and do not in any way limit, expand or otherwise affect the provisions of such parts, sections, subsections and endorsements.

### Transfer of Rights of Recovery Against Others to Us

1. If the "insured" has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. Subject to paragraph 3. below, the "insured" must do nothing to impair them. At our request, the "insured" will bring "suit" or transfer those rights to us and help us enforce them.
2. Any amount recovered will be apportioned in the inverse order of payment of "loss" to the extent of actual payment. The expenses of all such recovery proceedings will be apportioned in the ratio of respective recoveries.
3. If you waive any right of recovery against a specific person or organization for damages as required under an "insured contract", we will also waive, to the same extent, such right of recovery we may have against such person or organization provided that the "bodily injury" or "property damage" occurs subsequent to the execution of the "insured contract".

### Unintentional Failure to Disclose

Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of this policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional.

### When "Loss" is Payable

Coverage under this policy does not apply to a given claim unless and until:

1. The "insured" or "insured's" underlying insurer has become obligated to pay the "retained limit" and
2. The obligation of the "insured" to pay the "loss" in excess of the "retained limit" has been determined by a final settlement or judgment or written agreement among the "insured", claimant and us.

## Definitions

- **"Adverse media coverage"** means national or regional news exposure in television, radio, print or Internet media that is reasonably likely to have a negative impact on the "insured" with respect to its income, reputation, community relations, public confidence or good will.

XSE-50762(05/18)
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