# COMMERCIAL GENERAL LIABILITY

**(d) Increased premiums in excess of 10%, exclusive of any premium increase due to and commensurate with insured value added or increased exposure units; or as a result of experience rating, loss rating, retrospective rating or audit; we will send notice as provided in paragraph c. below.**

**(3) Notices of Nonrenewal and Conditional Renewal**

**(a) If we decide not to renew this policy or to conditionally renew this policy as provided in paragraphs (1) and (2) above we will mail or deliver written notice to the insured first named in Item 1 of the Declarations at least 60 but not more than 120 days before:**

**(i) The expiration date; or**

**(ii) The anniversary date if this is a continuous policy.**

**(b) Notice will be mailed or delivered to the insured first named in Item 1 of the Declarations Page at the address shown in the policy and the authorized agent or broker. If notice is mailed, proof of mailing will be sufficient proof of notice.**

**(c) We will not send the insured notice of nonrenewal or conditional renewal if the insured, his authorized agent or broker or another insurer of his mails or delivers notice that the policy has been replaced or is no longer desired.**

**(d) If we send the insured first named in Item 1 of the Declarations an incomplete or late conditional renewal notice as provided for in (3)(a), (3)(b) and (3)(c) above, coverage will remain in effect at the same terms and conditions of this policy and at the lower of the current rates or the prior period's rates until 60 days after such notice is mailed or delivered, unless the insured first named in Item 1 of the Declarations elects to cancel sooner.**

**(e) The aggregate limits of this policy as shown in the Declarations will be increased in proportion to any policy extension provided in accordance with paragraph (3)(d) above.**

**(f) The last sentence of Provision 6.d. does not apply when the policy period is extended because we sent the insured first named in Item 1 of the Declarations an incomplete or late conditional renewal notice or a late nonrenewal notice.**

**b. NEW YORK INSURANCE STATUTES**

Some of the insurance afforded by this policy which is afforded under the terms of the liability coverages of a "controlling underlying policy" may be issued by an insurer which is not licensed to write such insurance in the State of New York. Such insurance shall conform to the requirements of any New York insurance laws applicable to that insurance. This only applies to such insurance when it is applicable to operations in the State of New York.

**3. The first six words of Provision 1—INSURING AGREEMENT—which read "To Indemnify the Insured for loss" are replaced by the following: "To pay on behalf of the Insured loss."**

**4. Provision 5—LOSS PAYABLE—is deleted and replaced with the following.**

Subject to Provisions 3 and 4, Liability under this policy shall not attach unless and until the "underlying policies" have paid or are obligated to pay the full total of all of the limits of the "underlying policies." When the amount of such "loss" has been finally determined, we make payment on behalf of the Insured as soon as is practicable.

**5. The following paragraph is added to Provision 9—NOTIFICATION:**

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 ours in New York State, with particulars sufficient to identify the Insured, shall be considered to be notice to us.