# EXCESS LIABILITY POLICY

## NEW YORK AMENDATORY ENDORSEMENT

In consideration of the premium charged herein and subject otherwise to all of the terms and conditions of this policy, coverage is amended in the following respects:

1. Under Section I., INSURING AGREEMENTS,
   1. COVERAGE, the first paragraph is amended to read:
   
      To pay those damages, caused by an occurrence, taking place during this policy period, in excess of underlying insurance as is stated in Item 4 of the Declarations, but for no more than our limit of insurance as stated in Item 3 of the Declarations.

2. Under Section I., INSURING AGREEMENTS,
   2. DEFENSE, the second paragraph is amended by the substitution of the word "may" for "will" in the first line, so that the line now reads:
   
      We may defend any suit which is likely to involve...

3. Under Section I., INSURING AGREEMENTS,
   2. DEFENSE, the third paragraph is deleted and the following is substituted:
   
      Defense expenses as defined and limited by this policy are payable in addition to the Limits of Insurance specified under Item 3 of the Declarations.

4. Under Section I., INSURING AGREEMENTS,
   2. DEFENSE, the following is added as a fourth paragraph:
   
      We will not settle any claim without the consent of the Insured. In the event that the Insured refuses to consent to our written recommendation of a settlement agreement with the plaintiff and elects to contest or continue legal proceedings, our liability shall not exceed the amount for which the claim could have been settled plus costs and expenses incurred to the date of such refusal.

5. Under Section III., DEFINITIONS, the fourth sentence which now reads:
   
      Damages include defense expense to the same extent included in the controlling underlying insurance policy(ies).

   is amended to read:
   
      Damages do not include defense expense.

6. Under CONDITIONS, Section 2, NOTICE OF OCCURRENCE, CLAIM OR SUIT, the following paragraph is added:
   
      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 licensed agent of ours in this State, with particulars sufficient to identify the Insured, shall be deemed notice to us.