# STATE PROVISIONS FOR EXCESS THIRD PARTY LIABILITY POLICY (RDX)

## ALL STATES
The Nuclear Energy Liability Exclusion (Broad Form) is amended as follows:

1. The phrases "bodily injury or property damage" and "bodily injury" contained in the policy are replaced by the word "loss".

## MARYLAND
If the policy is issued or delivered in the state of Maryland, the following changes are made:

1. The first paragraph of the "Cancellation" Condition is replaced by the following:
   - This policy may be cancelled by the insured named in Item 1 of the declaration by surrender thereof to the company or any of its authorized agents or by mailing to the company written notice stating when thereafter the cancellation shall be effective. This policy may be cancelled by the company by mailing to the insured named in Item 1 of the declarations at the address shown in this policy, written notice stating when not less than thirty days thereafter such cancellation shall be effective; provided that if the named insured fails to discharge when due any of his obligations in connection with the payment of premium for this policy or any installment thereof, whether payable directly to the company or its agent or indirectly under any premium plan or extension of credit, this policy may be cancelled by the company by mailing to such insured notice stating when not less than thirty days thereafter such cancellation shall be effective. The mailing of such notice as above shall be sufficient proof of notice. The time of surrender or effective date and hour of cancellation stated in the notice shall become the end of the policy period. Delivery of such written notice either by such insured or by the company shall be equivalent to mailing.

2. The following condition entitled "Renewal" is added:
   - If the Company elects not to renew this policy, it shall mail to the insured named in Item 1 of the declarations at the address shown in this policy, written notice of such nonrenewal not less than forty-five days prior to the expiration date; provided that, notwithstanding the failure of the Company to comply with the foregoing requirement, this paragraph this policy shall terminate 1. on such expiration date if (a) the named insured has failed to discharge when due any of his obligations in connection with the payment of premium for this policy, or for the renewal thereof, or any installment thereof or premium, whether payable directly to the Company or its agent or indirectly under any premium finance plan or extension of credit, or by the company has by any means manifested its willingness to renew to the named insured or his representative, or (c) the named insured has notified the Company or its agent that he does not wish this policy to be renewed; or 2. on the effective date of any other insurance policy issued as a replacement for any insurance covered by this policy, with respect to any such insurance to which both such policies apply. The mailing of such notice as above shall be sufficient proof of notice. Delivery of such written notice by the Company shall be equivalent to mailing. Unless the Company has elected not to renew this policy, the named insured shall have a right to have the policy renewed for an additional period of time equal to the expiring term if the term of this policy is one year or more or for one year if the term of this policy is longer than one year, in accordance with the then current coverage forms and premiums being applied to persons similarly situated. If this right is not affirmatively exercised to the Company or its authorized agent prior to the termination of this policy, it shall expire with such termination.

## MASSACHUSETTS
If the policy is issued or delivered in Massachusetts:
1. The second paragraph of Provision 2 (Policy Period: Termination of Underlying Insurance) of Part I (Insuring Agreements) is deleted, and
2. The following condition is added to the policy:
   - With respect to injury or destruction otherwise insured under this policy, this condition precedent of coverage under this policy that the Insured's underlying policy provides valid and collectible insurance with respect to such injury or destruction; provided that the inability of the Insured's underlying policy to provide valid and collectible insurance solely because of the exhaustion of the applicable aggregate limit of liability in such immediate underlying policy is not a condition precedent.

## MICHIGAN
If the policy is issued or delivered in Michigan, Part I-Insuring Agreements is amended as follows:
1. The second paragraph of provision 2. (Policy Period: Termination of Underlying Insurance) is deleted.
2. The following provision 3. is added:
   - Maintenance of Underlying Insurance:
     All underlying insurance shall be maintained in full force and effect throughout the currency of this policy. If any underlying insurance ceases to apply the insured shall give the Company written notice thereof as soon as practicable. Reduction or exhaustion of any aggregate limit under any underlying insurance shall not constitute a failure to maintain such insurance; provided that upon notice of exhaustion the insured shall give the Company written notice thereof as soon as practicable. Should the insured fail to maintain underlying insurance the Company shall only be liable to the same extent as if the insured had maintained such insurance in full force and effect.

## NEW YORK
With respect to Loss arising in the State of New York, it is agreed that the following changes are made:
1. The first paragraph of Insuring Agreement I, Excess Liability Indemnity in Part I of the policy is deleted and replaced by the following:
   - To pay on behalf of the insured the amount of loss which is in excess of the applicable limits of liability of the underlying insurance inserted in Column II of Item 4 in the declarations; provided that this policy shall apply only to those coverages for which a limit of liability is inserted in Column I; provided further, that the limit of the Company's liability under this policy shall not exceed the applicable amount inserted in Column I.

CNA Insurance