# New York Amendatory - 178241 06 93 NY

Excess Liability Policy

A. INSURING AGREEMENTS I. COVERAGE., the first sentence is replaced by the following sentence:

Subject to the other provisions of this policy, We will pay on behalf of any Insured for the Insured's Ultimate Net Loss if such loss results from an occurrence which takes place during Our Policy Period and is insured by all of the policies designated in the Declarations as Underlying Insurance.

B. INSURING AGREEMENTS II. DEFENSE AND EXPENSE OF CLAIMS AND SUITS., Section C. is replaced and Section D. is added as follows:

C. Subject to all of the foregoing, any defense expense payments We make shall not reduce the Limit of Insurance of this policy.

D. If We have assumed control of the settlement of any claim or defense of any suit, then the following applies:

(1) If We think that Our Limit of Insurance stated in Our declarations as "each occurrence" or "aggregate" limit, is likely to be exhausted by payment of judgments or settlements, We will notify the first Named Insured, in writing, to that effect.

(2) After the applicable Limit of Insurance of this policy has been exhausted by payment of judgments or settlements:

(a) We will notify the first Named Insured, in writing, as soon as practicable, that:
(i) Such a limit has actually been exhausted; and
(ii) We have no duty to settle any claim or defend any suit after the applicable limit of this policy has been exhausted.

(b) We will initiate and cooperate in the transfer of control, to any appropriate Insured, of all claims and suits seeking damages which are subject to that limit and which are reported to Us before that limit is exhausted. That Insured must cooperate in the transfer of control of said claims and suits.

We agree to take such steps, as We deem appropriate, to avoid a default in, or continue the defense of, such suits until such transfer is completed, provided the appropriate Insured is cooperating in completing such transfer.

This Form must be attached to Change Endorsement when issued after the policy is written.
One of the Fireman's Fund Insurance Companies as named in the policy

Thomas A. Swanson
Secretary

Joe L. Storinette
President

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