# Amendment of Policy Provisions - New York Excess Liability Policy

This endorsement forms a part of Policy No. TXS 103585 issued by the company designated therein, and takes effect as of the effective date of said policy unless another effective date is stated herein.

**Effective date:** 5-21-84
**Effective hour:** Same as stated in the Declarations of the policy.

It is agreed that:

1. The first paragraph of Provision I Insuring Agreement is replaced by the following:
   > The Company will pay ultimate net loss in excess of underlying insurance stated in Item 5. of the declarations, but not in excess of the company's limits of liability stated in Item 4 of the declarations.

2. Condition 4. "Action Against Company" is replaced by the following.
   > 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.

3. The following Condition is added to the policy:
   > **10. 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 30 days after they are respectively claimed and proven in accordance with the terms of the policy.

Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements or declarations of the policy, other than as herein stated.

This endorsement shall not be binding unless countersigned by a duly authorized agent of the company; provided that if this endorsement takes effect as of the effective date of the policy and, at issue of said policy, forms a part thereof, countersignature on the declarations page or said policy by a duly authorized agent of the company shall constitute valid countersignature of this endorsement.

**Countersigned by:**

**Authorized Agent**

**ENDT. #8**

The company located these documents in its business records. At this time, the company does not certify that these documents constitute a complete and accurate copy of the policy.