# NEW YORK CHANGES

**THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY**

## I. Section III. DEFENSE is deleted and replaced by the following

We will have the right and duty to defend the insured against any "suit" seeking those damages when the "underlying insurance" does not provide coverage or the limits of "underlying insurance" have been exhausted.

When this insurance is excess over other valid and collectible insurance, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insured defends, we will undertake to do so, but we will be entitled to the insured's right against all those other insurers. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments, settlements or defense costs under **Section II, Limits of Insurance**.

When we have a duty to defend, we will defend the insured against any "suit" seeking those damages even if the allegations of the "suit" are groundless, false or fraudulent.

## II. The Additional Definitions endorsement EXL 1004, if attached, is revised as follows:

1. Definition 9, "Loading or unloading" is hereby deleted.
2. The "insured contract" definition in item 7. is replaced by the following:

    - "Insured contract" means:
        - A lease of premises;
        - A sidetrack agreement;
        - An easement or license agreement in connection with vehicle or pedestrian private railroad crossings at grade;
        - Any other easement agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad;
        - An indemnification of a municipality as required by ordinance, except in connection with work for a municipality;
        - That part of any contract or agreement entered into, as part of your business, by you or any of your "employees", pertaining to the rental or lease of any "auto"; or
        - That part of any other contract or agreement pertaining to your business under which you assume the tort liability of another to pay damages because of "bodily injury" or "property damage" to a third person or organization, if the contract or agreement is made prior to the "bodily injury" or "property damage". Tort liability means a liability that would be imposed by law in the absence of any contract or agreement.

An "insured contract" does not include that part of any contract or agreement:
    - That pertains to the loan, lease or rental of an "auto" to you or any of your "employees", if the "auto" is loaned, leased or rented with a driver;
    - That holds a person or organization engaged in the business of transporting property by "auto" for hire harmless for your use of a "covered auto" over a route or territory that person or organization is authorized to serve by public authority; or