# Follow Form Excess Liability Policy (Short Form)

**THIS POLICY MAY CONTAIN OCCURRENCE, CLAIMS MADE, OR CLAIMS MADE AND REPORTED COVERAGES. VARIOUS PROVISIONS IN THIS POLICY RESTRICT COVERAGE. READ THE ENTIRE POLICY CAREFULLY TO DETERMINE RIGHTS, DUTIES AND WHAT IS AND IS NOT COVERED.**

## I - COVERAGE

A. The "Company" hereby agrees, subject to the terms, conditions, limitations and exclusions contained herein, to pay those sums which the "Insured" shall be legally obligated to pay as damages by reason of the liability covered by and as more fully defined in the "Followed Policy"; provided always, however, that this Policy shall not apply until the "Underlying Policy(ies)" have paid or have been held liable to pay, or the "Insured" has actually paid, the full amount of the "Underlying Limits" in accordance with Section II - RETENTION for any loss(es) covered by this Policy.

B. The "Company" further agrees that this Policy will follow the same terms, definitions, exclusions and conditions (except as otherwise provided herein) as are, at inception hereof, contained in the "Followed Policy".

C. Notwithstanding the foregoing, in the event that any of the following amendment(s) are subsequently made to the terms, definitions, exclusions and conditions of the "Followed Policy" in effect at inception hereof:

1. Any change which is subject to an additional premium charge; or
2. The inclusion of an additional coverage extension endorsement; or
3. Any change to the insuring agreements, definitions, exclusions and conditions which is intended to broaden the scope of the coverage already provided, other than "Insureds" or "Named Insureds" added without an additional premium charge;

then such amendment(s) shall not be binding upon the "Company" unless otherwise agreed in writing by the "Company".

## II - RETENTION

Liability shall attach to the "Company" only after the "Underlying Policy(ies)" have paid or have been held liable to pay, or the "Insured" has actually paid, the full amount of the "Underlying Limits", which in turn are excess of various insurances and/or retentions as more fully set forth in the "Followed Policy".

Defense Costs to which this Policy applies shall not reduce the Limits of Insurance stated below except to the extent Defense Costs covered under the "Followed Policy" reduce the Limits of Insurance of the "Followed Policy".

The risk of uncollectibility with respect to any "Underlying Policy(ies)" does not invalidate this policy, however such risk of uncollectibility, for any reason other than exhaustion due to payment of losses to which this policy applies, is expressly retained by the "Insured", and is not insured under this policy or otherwise assumed by the "Company" such that the "Company" will only be liable to the same extent as if the "Underlying Policy(ies)" remained in full force and effect.