# 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 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.

3. 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.

4. Under II. EXCLUSIONS, there is added the following exclusion:
   
   11. Liability of any Insured hereunder for assault and battery committed by or at the direction of the Insured, or liability of any Insured caused intentionally by or at the direction of the Insured, except that this exclusion shall not apply to liability incurred by an Insured as the result of the use of reasonable force for the protection of person or property.

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.

EL-S3 (7-90)
Page 1 of 4
The company located these documents in its business records. At this time, the company does not certify that these documents constitute a complete and accurate copy of the policy.