# Allianz

## E. SAME BASIS DEFENSE EXPENSES

We will not recognize the reduction or exhaustion of the underlying limits by defense costs. Any defense expense payments we make will be in addition to the applicable Limits of Insurance.

## F. FAILURE TO GIVE NOTICE

Failure to give notice to us as soon as practicable, as required under this policy, shall not invalidate any claim made by the insured, injured person or any other claimant, unless the failure to provide such timely notice has prejudiced us. However, no claim made by the insured, injured person or other claimant will be invalidated if it shall be shown not to have been reasonably possible to give such timely notice and that notice was given as soon as was reasonably possible thereafter.

## G. FRAUD STATEMENT

Any person who knowingly and with intent to defraud any insurance company or other person files an application for commercial insurance or a statement of claim for any commercial or personal insurance benefits containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, and any person who, in connection with such application or claim, knowingly makes or knowingly assists, abets, solicits or conspires with another to make a false report of the theft, destruction, damage or conversion of any motor vehicle to a law enforcement agency, the department of motor vehicles or an insurance company commits a fraudulent insurance act, which is a crime, and shall also be subject to a civil penalty not to exceed five thousand dollars and the value of the subject motor vehicle or stated claim for each violation.

## H. NEW YORK CONFORMITY WITH REGULATIONS

With respect to operations in the State of New York, this policy shall conform to the applicable insurance laws of the State of New York or the applicable regulations of the New York Insurance Department in effect at the time the policy is issued; provided however, that if applicable, our Limit of Insurance shall be excess of an amount of damages equal to the amount of the Limits of Insurance stated in the any schedule of primary or underlying insurance.

THE PROVISIONS OF THIS ENDORSEMENT APPLY NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS POLICY AND SUPERSEDE ANY OTHER TERMS, CONDITIONS AND PROVISIONS CONTAINED IN THIS POLICY OR ITS ENDORSEMENTS.

All other terms, conditions, and exclusions will remain the same.