# New York Amendatory - 178241 02 88

Excess Liability Policy

A. The terms of the policy as respects coverage for operations in the State of New York shall conform to the coverage requirements of the applicable insurance laws of the State of New York or the applicable regulations of the New York Insurance Department; provided, however, that the Company's limits of liability as stated in the policy shall be excess of the limits of liability of any underlying insurance or self-insurance as stated in the Declarations or in any endorsement attached hereto.

B. INSURING AGREEMENTS I. COVERAGE., the first sentence is replaced by the following sentence:

Subject to the other provisions of this policy, We will pay on behalf of any Insured for the Insured's Ultimate Net Loss if such loss results from an occurrence which takes place during Our Policy Period and is insured by all of the policies designated in the Declarations as Underlying Insurance.

C. INSURING AGREEMENTS II. DEFENSE AND EXPENSE OF CLAIMS AND SUITS., sections C., C.(1) and C.(2) are replaced by the following:

C. Subject to all of the foregoing, any defense expense payments We make shall not reduce the Limit of Insurance of this policy.

D. DEFINITION 1. ULTIMATE NET LOSS., the second paragraph is deleted.

E. CONDITION 4. CANCELLATION., is replaced by the following:

4. CANCELLATION.

(A) This policy may be cancelled by the Named Insured by surrender thereof to the Company or any of its authorized agents, or by mailing to the Company written notice stating when thereafter the cancellation shall be effective.

(B) Cancellation for policies in effect sixty (60) days or less.

We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least:

(1) Thirty (30) days before the effective date of cancellation if We cancel for any reason not included in (2) below;

(2) Fifteen (15) days before the effective date of cancellation if We cancel for any of the following reasons:

(a) Nonpayment of premium;

(b) Conviction of a crime arising out of acts increasing the hazard insured against;

(c) Discovery of fraud or material misrepresentation in the obtaining of the policy or in the presentation of a claim thereunder;

(d) After issuance of the policy or after the last renewal date, discovery of an act or omission, or a violation of any policy condition, that substantially and materially increases the hazard insured against, and which occurred subsequent to inception of the current policy period;

This Form must be attached to Change Endorsement when issued after the policy is written.

One of the Fireman's Fund Insurance Companies as named in the policy

**Secretary**

**President**

Page 1 of 3