# New York
**Amendatory Endorsement (continued)**

**Notice of Nonrenewal And Conditional Renewal (continued)**

d. Should the Company fail to send the first named insured:
(1) notice of conditional renewal within the 60 day period prescribed in paragraph a. above, and the insured elects not to accept the terms and conditions of the conditional renewal; or
(2) notice of nonrenewal within the 60 day period prescribed in paragraph a. above; this policy shall remain in effect until 60 days after such notice has been mailed or delivered to the first named insured and the aggregate limits described in Limits of Insurance shall be increased in proportion to the extension of time required to attain the 60 day notice requirement.

**Defense**

a. The Company's obligations with respect to the investigation, settlement or defense of any claim made, or suit brought, or proceeding instituted against the insured are amended as follows:
(1) when the Company has the right and the duty to assume control of the investigation, settlement or defense of a claim or suit against the insured for damages covered by this policy, such right and duty apply even if the allegations of the suit are groundless, false or fraudulent, and only when the applicable limits of all underlying insurance have been exhausted by payment of claims.
(2) in those instances where paragraph (1) above does not apply, the Company will not be obligated to assume charge of the investigation, settlement or defense of any claim made, or suit brought, or proceeding instituted against any insured. The Company will, however, have the right to participate in the investigation, settlement or defense of any claim, suit or proceeding which relates to any occurrence that the Company feels may create liability on its part under the terms of this policy.
(3) regardless of anything stated in paragraphs (1) or (2) above, the Company will not defend any suit after the applicable Limits of Insurance have been exhausted.

b. When defense and supplementary payments of:
(1) any underlying insurance reduce the limits of insurance provided by that policy, then any such payments made under this policy will reduce the Limits of Insurance by this policy; or
(2) none of the underlying insurance reduce the limits of insurance provided by those policies, then any such payments made under this policy will not reduce the Limits of Insurance provided by this policy.

c. The Company will only pay the following expenses:
(1) if the insured becomes legally liable for interest that accrues on a judgment after entry of the judgment and before the Company has paid, offered to pay or deposited in court the part of the judgment that is within the applicable Limits of Insurance, then the Company will pay the interest on the part of the judgment to which this policy applies.
(2) expenses incurred directly by this Company and at the sole discretion of this Company.
(3) pre-judgment interest awarded against the insured on that part of the judgment the Company pays.

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