# Amendment of Conditions - New York

**Policy Number:** KA 0000561

## 1. 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 of 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 or her legal representative. Bankruptcy or insolvency of the insured or of the insured's estate shall not relieve the company of any of its obligations thereunder.

## 2. The Cancellation Condition is replaced by the following:

### Cancellation

A. The first named insured may cancel this policy by surrendering it to the company or any of its authorized agents, or by mailing written notice to the company stating when thereafter the cancellation shall be effective.

B. The company may cancel this policy by mailing or delivering notice of cancellation to the first named insured and his or her agent or broker at least:

(1) 20 days before the effective date of cancellation, if the company cancels for any reason and the policy has been in effect for less than sixty (60) days, and is not a renewal with the company; or

(2) 15 days before the effective date of cancellation, if the company cancels and the policy has been in effect for more than sixty (60) days, but only for one or more of the following reasons:

(a) Non-payment of premium;

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

(c) Discovery of fraud or material misrepresentation in obtaining the policy or in presenting 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;

(e) Material physical change in the property insured, occurring after issuance or last annual renewal anniversary date of the policy, which results in the property becoming uninsurable in accordance with the company's objective, uniformly applied underwriting standards in effect at the time the policy was issued or last renewed;

(f) Material physical change in the nature or extent of the risk, occurring after issuance or last annual renewal anniversary date of the policy which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the policy was issued or last renewed;

(g) A determination by the Superintendent that continuation of the present premium volume of the company would jeopardize that company's solvency or be hazardous to the interests of policyholders of the company, its creditors or the public;