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**New York Amendatory Endorsement**

**Excess Liability Policy**

**A) SECTION I - INSURING AGREEMENT. Paragraph B, Item 2 is amended to read:**

2. If the aggregate limits of liability under said underlying insurance are reduced or exhausted by payment of judgments or settlements that would be payable under the terms of this policy, this insurance shall:

a. in the event of reduction, pay the excess of the reduced underlying limit;

b. in the event of exhaustion, continue in force as underlying insurance, but in such instances we shall defend only those suits brought within the coverage territory seeking damages payable under this policy even if any of the allegations of the suit are groundless, false or fraudulent, and we may make such investigation and settlement of any claim or suit, which does not exceed the aggregate limit of this policy.

The following additional items are added to Paragraph B, DEFENSE PROVISIONS:

3. We shall not settle any claim covered by this policy without your consent. Your consent shall not be unreasonably withheld. If however you refuse to consent to any settlement mutually agreed upon by us and the plaintiff and recommended in writing by us, and you elect to contest or continue any legal proceedings, our liability will not exceed the amount of which the claim could have been settled, plus the cost and expenses incurred up to the date of your refusal to provide consent.

**B) SECTION II - WHAT IS NOT COVERED is amended as follows:**

The following additional paragraphs are added:

F. Bodily injury, Property Damage, or Advertising Injury

1) caused intentionally or by, or at the direction of you; or

2) arising out of acts of discrimination because of race, creed, sex, color or national origin.

We shall have no duty or obligation to provide or pay for the investigation or defense of any loss, cost, expense, claim or suit excluded above and in connection therewith DEFENSE, SETTLEMENT, AND SUPPLEMENTARY PAYMENTS shall not apply.

G. Bodily Injury arising out of assault and battery unless such coverage is provided by the Controlling Umbrella Policy listed in Item 5 of the Declarations. Our coverage for assault and battery is subject to the following terms and conditions: