# NEW YORK CHANGES - AMENDATORY ENDORSEMENT

It is agreed that:

1. The first paragraph of Provision 1 INSURING AGREEMENT is replaced by the following:
   The company will pay ultimate net loss in excess of underlying insurance stated in the Declarations, but not in excess of the company's limits of liability stated in the Declarations.

2. The Notice of Occurrence Condition is amended by adding the following:
   Notice given by or on behalf of the insured, or written notice by or on behalf of the injured person or any other claimant, to any agent of the company in the State of New York, with particulars sufficient to identify the insured, shall be considered notice to the company.

3. The Action Against Company Condition is replaced by the following:
   **Action Against Company**
   No action shall lie against the company unless, as a condition precedent thereto, there shall have been full compliance with all the terms of this policy, nor until the amount of the insured's obligation to pay shall have been finally determined either by judgment against the insured or by written agreement of the insured, the claimant and the company.

Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this policy to the extent of the insurance afforded by this policy. No person or organization shall have any right under this policy to join the company as a party to any action against the insured to determine the insured's liability, nor shall the company be impleaded by the insured or his legal representative. Bankruptcy or insolvency of the insured or of the insured's estate shall not relieve the company of any of its obligations.

4. The following Conditions are added to the policy:
   **Loss Payable**
   The insured shall make claim for any loss under this policy as soon as practicable after (a) the insured's underlying insurer shall have paid its underlying limit with respect to any occurrence or (b) the insured's obligation to pay such amounts in excess of the underlying insurance shall have been finally determined either by judgment against the insured or by written agreement of the insured, the claimant and the company.
   
   All losses covered by this policy shall be due and payable by the company within thirty (30) days after they are respectively claimed and proven in accordance with the terms of the policy.

**New York Compliance Regulation**
Notwithstanding anything to the contrary with respect to such insurance as is afforded by this policy, the terms of this policy, as respects coverage for operations in the State of New York, shall conform to the coverage requirements contained in (1) the Insurance Laws of the State of New York or (2) any applicable Regulation issued by the New York Insurance Department; provided, however, that with respect to the company's limit of liability stated in the Declarations of this policy, such limit shall be excess of the limits of liability of any underlying insurance or self-insurance as stated in the Declarations, an Extension Schedule or an endorsement forming a part of this policy.