# COMMERCIAL EXCESS LIABILITY COVERAGE FORM

Each section in this Coverage Form may contain exclusions, limitations or restrictions of coverage. Please read the entire Coverage Form carefully to determine rights, duties and what is and is not covered.

Throughout this Coverage Form the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance.

The word "insured" means any person or organization qualifying as such under "controlling underlying insurance".

Other words and phrases that appear in quotation marks have special meaning. Please refer to SECTION IV - DEFINITIONS.

## SECTION I - COVERAGE

### A. Insuring Agreement

We will pay on behalf of an insured, or indemnify the insured if we are prevented from paying on their behalf, the "loss" that an insured becomes legally obligated to pay in excess of "underlying limits of insurance" and covered by "underlying insurance" and this insurance.

The terms, including exclusions, conditions, definitions and limitations of "controlling underlying insurance" apply unless they conflict or are inconsistent with the provisions of the policy of which this Coverage Form is a part, in which case the terms of our policy will apply.

If "underlying insurance" does not provide coverage for "loss", for a reason or reasons other than the exhaustion of an aggregate limit of insurance then we will not provide coverage for such "loss".

If "controlling underlying insurance" applies on a claims made basis and includes an offer of an extended reporting period then this insurance will also offer an extended reporting period on the same terms and conditions, including but not limited to any formula for calculating additional premium except any additional premium due will be calculated using the premiums of this policy.

The amount we pay for damages is limited as described in SECTION II – LIMITS OF INSURANCE.

### B. Defense and Supplementary Payments

1. We have no duty to defend an insured against any claim or suit seeking any damages for which this insurance does not apply.

2. If the limits of "underlying insurance" have been exhausted due to the payment of claims, we will have the right and duty to defend the insured against any claim or suit seeking damages due to a "loss" for which this insurance