# EXCESS UMBRELLA LIABILITY POLICY

## NEW ENGLAND Insurance Company
Boston, Massachusetts

(A Stock insurance company, herein called the Company)

**Agrees with the Insured, named in the Declarations made a part hereof, in consideration of the payment of the premium and in reliance upon the statements in the Declarations-and subject to the limits of liability, exclusions, conditions and other terms of this policy:**

### INSURING AGREEMENT

**Covenants**
To indemnify the Insured for the Limits of Liability in excess of the Underlying Limits of Liability, both as shown in the Declarations, for all sums which the Insured shall become legally obligated to pay by reason of the liability imposed upon the Insured by law, or assumed by the Insured under contract or agreement, on account of:

(a) Personal Injury,
(b) Property Damage,
(c) Advertising Liability,

arising out of the hazards covered by and as defined in the Underlying Umbrella Policies as shown in Item 5 of the Declarations.

### CONDITIONS

1. **Prior Insurance and Non Cumulation of Liability:** It is agreed that if any loss covered hereunder is also covered in whole or in part by any other excess policy issued to the Named Insured prior to and in addition to the limit of liability hereinafter stated in Item 4 of the Declarations shall be reduced by any amounts due to the Insured on account of such loss under such prior insurance.
Subject to the foregoing paragraph and to all other terms and conditions of this policy in the event that personal injury or property damage has occurred and is continuing at the time of termination of this policy the Company will continue to protect the Insured for liability in respect of such personal injury or property damage without payment of additional premium.

2. **Maintenance of Underlying Umbrella Insurance:** This policy is subordinate to the Underlying Umbrella Policies and all terms and conditions (except as regards the premium, the amount and limits of liability and except as otherwise provided herein) as are contained in or as may be added to the Underlying Umbrella Policies stated in Item 5 of the Declarations prior to the happening of an occurrence for which claim is made hereunder.
It is a condition of this policy that the Underlying Umbrella Policies shall be maintained in full effect during the currency hereof except for any reduction of the aggregate limits contained therein solely by payments closing resulting from accidents and/or occurrences occurring during the period of this policy or by the operation of Condition of the Underlying Umbrella Policies.

3. **Notices of Occurrences:** Whenever the Insured has information from which they may reasonably conclude that an occurrence covered hereunder has caused injury or damage which, in event that the Insured shall be held liable, is likely to involve a claim, notice shall be sent to the Company, at 60 Battenymarch Street, Boston, Massachusetts 02110 as soon as practicable, provided, however, that failure to give notice of any occurrence which at the time of its happening did not appear to involve this policy but which later date, would appear to give rise to claims hereunder, shall not prejudice such claims.

4. **Other Insurances:** If other valid and collectible insurance with any other insurer is available to the Insured covering a loss also covered by this policy after the issuance of such insurance, one of the terms affected by this policy, the insurance afforded by this policy shall be in excess of and shall not contribute with such other insurance.

5. **Premium Computation:** The deposit premium stated in the Declarations is an advance premium only unless otherwise specified. Upon termination of this policy, the earned premium shall be computed in accordance with the rates and minimum premium applicable to this insurance as stated in the Declarations. If the earned premium so computed exceeds the advance premium paid, the Named Insured shall

**The document is copyrighted. This policy may be cancelled by the Insured by surrender thereof to the Company or any of its authorized agents or by mailing to the Company a written notice stating when requested effective. This policy may be cancelled by the Company by sending to the Insured at the address shown in this policy a complete and accurate copy of the policy.**

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