# NEW ENGLAND INSURANCE COMPANY

ADMINISTRATIVE OFFICES: 60 BATTERYMARCH STREET, BOSTON, MASSACHUSETTS 02110

## NEW YORK AMENDATORY ENDORSEMENT

1. The Insuring Agreement is amended to read:
   - The Company agrees to pay on behalf of the Insured for all sums excess of the applicable limits of liability of the underlying insurance inserted in Item 6 in the Declarations; provided that this policy shall apply only to those coverages shown in the Insuring Agreement; provided further that the limit of the Company's liability under this policy shall not exceed the applicable amount inserted in Item 4. Limits of Liability, as shown in the Declarations.
   - The provisions of the immediate underlying policy are incorporated as a part of this policy except for any obligation to investigate and defend and pay for costs and expenses incident to the same, the amount of the limits of liability, any "other insurance" provision and any other provisions therein which are inconsistent with the provisions of this policy.
   - If the applicable coverage in the immediate underlying policy insures accidents rather than occurrences, then "accident" is substituted for "occurrence" in the applicable coverage of this policy.

2. The Company shall not settle any claim hereunder without the consent of the Insured. If, however, the Insured refuses to consent to any settlement mutually agreed upon by the Company and the plaintiff recommended in writing by the Company and shall elect to contest or continue any legal proceedings, the liability of the Company shall not exceed the amount for which the claim could have been settled plus the costs and expenses incurred up to the date of such refusal.

3. Condition 2. Notice of Loss.
   - In the event of an occurrence or loss which appears likely to involve this policy, written notice containing particulars sufficient to identify the Insured and also reasonably obtainable information with respect to the time, place and circumstances thereof, shall be given by or for the Insured to the Company or any of its authorized agents as soon as practicable; provided that failure to give such notice shall not invalidate any claim made by the Insured if it shall be shown not to have been reasonably possible to give such notice within the prescribed time and that such notice was given as soon as reasonably possible.

4. It is hereby understood and agreed that, notwithstanding anything in this policy 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 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 limit of liability as stated in this 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.

5. "Personal Injury" means (a) bodily injury, shock, sickness or disease (including death, mental anguish and mental injury resulting therefrom); (b) injury arising out of false arrest, false imprisonment, wrongful eviction, wrongful entry, wrongful detention or malicious prosecution; or (c) injury arising out of libel, slander, defamation of character, humiliation or invasion of right of privacy, unless such injury arises out of advertising activities.

6. This insurance does not apply to loss, ultimate net loss, damage or expense (1) caused intentionally by or by or at the direction of the Insured nor (2) arising out of acts of discrimination taking place in the State of New York because of race, creed, color or national origin.

7. The definition "Named Insured" may include any subsidiary company of the named Insured and other companies coming under the named Insured's control and officers, directors, stockholders, partners of the named Insured may be included as Insureds while acting within the scope of their duties as such provided coverage is so provided in the underlying policy or

The Hartford does not certify, does not certify that these documents constitute a complete and accurate copy of the policy.

Countersigned by