# Excess Insurance Policy

## Nonrenewal

11. The policy shall remain in full force and effect, subject to the same terms, conditions and rates, unless we mail or deliver to the Named Insured, at the address shown in the Declarations, and to the Insured's authorized insurance agent or broker, written notice of our intention not to renew this policy.

12. Notice of nonrenewal shall be mailed or delivered to the Named Insured not less than thirty (30) days, but not more than one hundred twenty (120) days, prior to the policy expiration date. The written notice of nonrenewal shall state the reason(s) therefore. Notwithstanding the foregoing, notice of nonrenewal will not be required where the named Insured, an agent or broker authorized by the Named Insured, or another insurer of the Named insured has mailed or delivered to us written notice that the policy has been replaced or is no longer desired.

13. If we provide a late notice of nonrenewal prior to the expiration of the policy, the policy shall remain in full force and effect, subject to the same terms and conditions of the expiring policy and at the lower of the current rates or the rates, until thirty (30) days after notice is mailed or delivered, except to the extent that, prior thereto, the Insured has replaced the coverage or elects to cancel, in which event such cancellation shall be on a pro rata premium basis.

14. In the event a late notice of nonrenewal is provided by us after the expiration of the policy, the policy shall remain in effect on the same terms and conditions of the expiring policy for another one-year policy period, at the lower of the current rates or the expiring policy's rates, unless the Insured during the additional policy period has replaced the coverage or elects to cancel, in which event such cancellation shall be on a pro rata premium basis.

15. Any extension of the policy pursuant to paragraphs 12 or 13 above shall not create a new aggregate limit of liability for the policy, except that the annual aggregate limit of liability of the expiring policy shall be increased in proportion to the length of the policy extension.

16. If we provide notice of nonrenewal and thereafter extend the policy for ninety (90) days or less, an additional notice of nonrenewal is not required with respect to the extension.

It is further agreed that Section V., Condition E., is amended by adding the following:

5. Notwithstanding any provision in the policy to the contrary, notice of claim given by the Insured to one of our licensed agents in New York State, with particulars sufficient to identify the Named Insured shown in the Declarations, shall be deemed notice to us.

6. Failure to give any notice required to be given by this policy within the time prescribed herein shall not invalidate any claim made by the Insured or by any other claimant if it shall be shown not to have been reasonably possible to give such notice within the prescribed time and that notice was given as soon as was reasonably possible.

7. If a judgment entered against an Insured or his personal representative, in an action brought to recover damages for injury sustained or loss or damage occasioned during the policy, shall remain unsatisfied after the serving of notice of entry of the judgment upon the attorney for the Insured, or upon the Insured, and upon us, then an action may, except during a stay or limited stay of execution against the Insured on such judgment, be maintained against us under the terms of the policy for the amount of such judgment, not exceeding the applicable limit of insurance under the policy.