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Home My WebLink AboutColumbia Hospitality, Inc._City of Bremerton (2)SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 10/1/2025 Parker Smith &Feek Insurance LLC2233112thAveNEBellevueWA98004 425-709-3600 License#:PC-1719201 Massachusetts Bay Insurance Company 22306 COLUHOS-01 Allmerica Financial Benefit Insurance Company 41840ColumbiaHospitality,Inc.Attn:Finance Department 2200 Alaskan Way,SuiteSeattleWA98121-3608 Palomar Excess and Surplus Insurance Company 16754 1290564149 A X 1,000,000 X 1,000,000 10,000 1,000,000 2,000,000 X Y Y ZD2A39143612 10/1/2025 10/1/2026 2,000,000 WA STOP GAP 1,000,000 B 1,000,000 X X X AW2A90458712 10/1/2025 10/1/2026 C X 5,000,000 X CEPXP25000018300 10/1/2025 10/1/2026 5,000,000 X 0 A Liquor Liability ZD2A39143612 10/1/2025 10/1/2026 Each Common CauseAggregate 1,000,0002,000,000 Cyber Liability/Network Security:CYT2024025501 10/01/2025 -10/01/2026 :5MM Claim;25K Retention;Full Prior ActsEmployeeTheft/ERISA:J06703434 10/01/2025 -10/01/2026 :2MM/2,500 DedExcess5x5:SPCXS0061425 10/01/2025 -10/01/2026 :5MM x 5MMExcess15x10:ELD30099060600 10/01/2025 -10/01/2026 :15MM x 10MMKitsapCountyConferenceCenter-100 Washington Avenue,Bremerton,WA 98337 The City of Bremerton is an additional insured and coverage is primary and non-contributory on the General Liability,Auto,and Excess Liability policies per theattachedendorsements/forms.Waiver of Subrogation applies on the general liability and excess liability policies per the attached endorsements/forms.Primarynon-contributory forms/endorsements for excess layers above 5MM to be provided when received from the carrier. 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&21',7,2163DUDJUDSK7UDQVIHU2I5LJKWV 2I 5HFRYHU\$JDLQVW2WKHUV7R8V :HZDLYHDQ\ULJKWRIUHFRYHU\ZHPD\KDYH DJDLQVWDQ\SHUVRQRURUJDQL]DWLRQZLWKZKRP\RX KDYHDZULWWHQFRQWUDFWWKDWUHTXLUHVVXFKZDLYHU EHFDXVHRISD\PHQWVZHPDNHIRUGDPDJHXQGHU WKLVFRYHUDJHIRUP7KHGDPDJHPXVWDULVHRXWRI \RXU DFWLYLWLHV XQGHU D ZULWWHQ FRQWUDFW ZLWK WKDW SHUVRQRURUJDQL]DWLRQ7KLVZDLYHUDSSOLHVRQO\WR WKH H[WHQW WKDW VXEURJDWLRQ LV ZDLYHG XQGHU D ZULWWHQFRQWUDFt executed prior to the “occurrence” RURIIHQVHJLYLQJULVHWRVXFKSD\PHQWV %RGLO\,QMXU\5HGHILQHG 6(&7,219–'(),1,7,216'HILQLWLRQ“bodily injury” is replaced E\WKHIROORZLQJ “Bodily injury” means ERGLO\LQMXU\VLFNQHVVRU GLVHDVHVXVWDLQHGE\DSHUVRQLQFOXGLQJGHDWK UHVXOWLQJIURPDQ\RIWKHVHDWDQ\WLPH“Bodily injury” LQFOXGHV PHQWDO DQJXLVK RU RWKHU PHQWDOLQMXU\UHVXOWLQJIURP“bodily injury”. %URDG )RUP 3URSHUW\ 'DPDJH–%RUURZHG (TXLSPHQW &XVWRPHUV *RRGV 8VH RI (OHYDWRUV D 6(&7,21,–&29(5$*(6&29(5$*($– %2',/,< ,1-85< $1' 3523(57< '$0$*( /,$%,/,7< 3DUDJUDSK ([FOXVLRQVVXESDUDJUDSKM LV DPHQGHG DV IROORZV 3DUDJUDSKGRHVQRWDSSO\WRSURSHUW\ GDPDJH WR ERUURZHG HTXLSPHQW ZKLOH DW D MREVLWH DQG QRW EHLQJ XVHG WR SHUIRUP RSHUDWLRQV 3DUDJUDSKV DQG GR QRW DSSO\ WR SURSHUW\GDPDJHWRFXVWRPHUVJRRGVZKLOH RQ\RXUSUHPLVHVQRUGRWKH\DSSO\WRWKHXVH RIHOHYDWRUVDWSUHPLVHV\RXRZQUHQWOHDVH RURFFXS\ E 7KH IROORZLQJ LV DGGHG WR6(&7,21 9– '(),17,216 &XVWRPHUV JRRGV PHDQV SURSHUW\ RI \RXU FXVWRPHU RQ \RXU SUHPLVHV IRU WKH SXUSRVHRIEHLQJ Mobile Equip- ment Subject To Compulsory Or Financial Responsibility Or Other Motor Vehicle Insur- ance Law Only Only those "autos" thai are land vehicles and that would qualify under the definition of "mobile equipment" under this policy if they were not subject lo a compulsory or financial responsibility law or other motor vehicle insurance law where they are licensed or principally garaged. B. Owned Autos You Acquire After The Policy Begins 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered next to a coverage in Item Two of the Decla- rations, then you have coverage for "autos" that you acquire of the type described for the remainder of the policy period. 2. But, if Symbol 7 Is entered next to a cover- age in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that coverage only if: a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that cov- erage; and b. You tell us within 30 days after you ac- quire it that you want us lo cover it for that coverage. C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Liability Coverage is provided by this Cover- age Form, the following types of vehicles are also covered "autos" for Liability Coverage: 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment" while being carried or towed by a covered "auto". 3. Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss"; or e. Destruction. SECTION 11 - LIABILITY COVERAGE A. Coverage We will pay all sums an "Insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance ap- plies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or ex- pense" to which this insurance applies, caused by an "accident" and resulting from the owner- ship, maintenance or use of covered "autos". However, we will only pay for the "covered pol- lution cost or expense" if there is either "bodily Injury" or "property damage" to which this in- surance applies that Is caused by the same "accident". We have the right and duty lo defend any "in- sured" against a "suit" asking for such damages or a "covered pollution cost or expense". How- ever, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury" or "property damage" or a "covered pollution cost or expense" to which this insur- ance does not apply. We may Investigate and settle any claim or "suit" as we consider appro- priate. Our duty to defend or settle ends when the Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. Who Is An Insured The following are "Insureds": a. You for any covered "auto". b. Anyone else while using with your per- mission a covered "auto" you own, hire or borrow except: (1) The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. Page 2 of 12 4,812 Copyright ISO Properties, Inc., 2005 CA 00 01 03 06 (#\) Hanover In.surance Group . AW2A904587 0901121 (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she Is working In a busi- ness of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (If you are a limited liability company), or a lessee or borrower or any of their "employees", while mov- ing property to or from a covered "aulo". (5) A partner (if you are a partnership), or a member (if you are a limited liability company) for a covered "aulo" owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an "in- sured" described above but only to the extent of that liability. 2. Coverage Extensions a. Supplementary Payments We will pay for the "insured": (1) All expenses we incur. (2) Up to $2,000 for cost of bail bonds (in- cluding bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (3) The cost of bonds to release attach- ments in any "suit" against the "In- sured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request Including actual loss of earnings up to $250 a day because of time off from work. (5) All costs taxed againsl the "insured" In any "suit" against the "insured" we defend. (6) All interest on the full amount of any judgment that accrues after enlry of the judgment in any "suit" againsl the "insured" we defend, but our duty to pay interest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. These payments will not reduce the Limit of Insurance. b. Out-Of-State Coverage Extensions While a covered "auto" is away from the state where il is licensed we will: (1) Increase the Limit of Insurance for Li- ability Coverage to meet the limits specified by a compulsory or financial responsibility law of the jurisdiction where the covered "auto" Is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passen- gers or property. (2) Provide the minimum amounts and types of other coverages, such as no- fault, required of out-of-state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. Exclusions This Insurance does not apply to any of the fol- lowing: 1. Expected Or Intended Injury "Bodily injury" or "property damage" ex- pected or Intended from the standpoint of the "Insured". 2. Contractual Liability assumed under any contract or agreemenL But this exclusion does not apply to liability for damages: a. Assumed in a contract or agreement that is an "insured contract" provided the "bodily Injury" or "property damage" oc- curs subsequent to the execution of the contract or agreement or b. That the "insured" would have in the ab- sence of the contract or agreement. 3. Workers' Compensation Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability bene- fits or unemployment compensalion law or any similar law. 4. Employee Indemnification And Employer's Liability "Bodily injury" to: a. An "employee" of the "insured" arising out of and in the course of: (1) Employment by the "insured"; or CA 00 01 03 06 4.813 Copyright ISO Properties, Inc., 2005 Page 3 of 12 Page 1 of 1 PXS 30000 1221 Waiver of Transfer of Rights of Recovery Against Others to Us (Waiver of Subrogation) Endorsement The following is added to SECTION III – CONDITIONS: 13. Transfer of Rights of Recovery Against Others to Us We waive any right of recovery against any person or organization, because of any payment we make under this Coverage Part, to whom the insured has waived its right of recovery in a written contract or agreement. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. This endorsement does not change any other provision of the policy. COMMERCIAL EXCESS LIABILITY CX 00 01 04 13 COMMERCIAL EXCESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage.Read the entire policy carefully to determine rights,duties and what is and is not covered. Throughout this policy the words "you"and "your"refer to the Named Insured shown in the Declarations,and any other person or organization qualifying as a Named Insured under this policy.The words "we","us"and "our"refer to the company providing this insurance.The word "insured"means any person or organization qualifying as such under the "controlling underlying insurance". Other words and phrases that appear in quotation marks in this Coverage Part have special meaning.Refer to Section IV - Definitions.Other words and phrases that are not defined under this Coverage Part but defined in the "controlling underlying insurance"will have the meaning described in the policy of "controlling underlying insurance". The insurance provided under this Coverage Part will follow the same provisions,exclusions and limitations that are contained in the applicable "controlling underlying insurance",unless otherwise directed by this insurance.To the extent such provisions differ or conflict,the provisions of this Coverage Part will apply.However,the coverage provided under this Coverage Part will not be broader than that provided by the applicable "controlling underlying insurance". There may be more than one "controlling underlying insurance"listed in the Declarations and provisions in those policies conflict,and which are not superseded by the provisions of this Coverage Part.In such a case,the provisions,exclusions and limitations of the "controlling underlying insurance"applicable to the particular "event"for which a claim is made or suit is brought will apply. SECTION I -COVERAGES 1.Insuring Agreement a.We will pay on behalf of the insured the "ultimate net loss"in excess of the "retained limit"because of "injury or damage"to which insurance provided under this Coverage Part applies. We will have the right and duty to defend the insured against any suit seeking damages for such "injury or damage" when the applicable limits of "controlling underlying insurance"have been exhausted in accordance with the provisions of such "controlling underlying insurance". When we have no duty to defend,we will have the right to defend,or to participate in the defense of,the insured against any other suit seeking damages for "injury or damage". However,we will have no duty to defend the insured against any suit seeking damages for which insurance under this policy does not apply. At our discretion,we may investigate any "event"that may involve this insurance and settle any resultant claim or suit, for which we have the duty to defend. But: (1)The amount we will pay for "ultimate net loss"is limited as described in Section II -Limits Of Insurance;and (2)Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under this Coverage Part.However,if the policy of "controlling underlying insurance" specifies that limits are reduced by defense expenses,our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of defense expenses,judgments or settlements under this Coverage Part. b.This insurance applies to "injury or damage"that is subject to an applicable "retained limit".If any other limit,such as,a sublimit,is specified in the "controlling underlying insurance",this insurance does not apply to "injury or damage"arising out of that exposure unless that limit is specified in the Declarations under the Schedule of "controlling underlying insurance". c.If the "controlling underlying insurance"requires,for a particular claim,that the "injury or damage"occur during its policy period in order for that coverage to apply,then this insurance will only apply to that "injury or damage"if it occurs during the policy period of this Coverage Part.If the "controlling underlying insurance"requires that the "event"causing the particular "injury or damage"takes place during its policy period in order for that coverage to apply,then this insurance will apply to the claim only if the "event"causing that "injury or damage"takes place during the policy period of this Coverage Part. 1/5 d.Any additional insured under any policy of "controlling underlying insurance"will automatically be an additional insured under this insurance.If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance required by the contract,less any amounts payable by any "controlling underlying insurance". Additional insured coverage provided by this insurance will not be broader than coverage provided by the "controlling underlying insurance". 2.Exclusions The following exclusions,and any other exclusions added by endorsement,apply to this Coverage Part.In addition,the exclusions applicable to any "controlling underlying insurance"apply to this insurance unless superseded by the following exclusions,or superseded by any other exclusions added by endorsement to this Coverage Part. Insurance provided under this Coverage Part does not apply to: a.Medical Payments Medical payments coverage or expenses that are provided without regard to fault,whether or not provided by the applicable "controlling underlying insurance". b.Auto Any loss,cost or expense payable under or resulting from any of the following auto coverages: (1)First-party physical damage coverage; (2)No-fault coverage; (3)Personal injury protection or auto medical payments coverage;or (4)Uninsured or underinsured motorists coverage. c.Pollution (1)"Injury or damage"which would not have occurred,in whole or in part,but for the actual,alleged or threatened discharge,dispersal,seepage,migration,release or escape of pollutants at any time. (2)Any loss,cost or expense arising out of any: (a)Request,demand,order or statutory or regulatory requirement that any insured or others test for,monitor, clean up,remove,contain,treat,detoxify or neutralize,or in any way respond to,or assess the effects of, pollutants;or (b)Claim or suit by or on behalf of a governmental authority for damages because of testing for,monitoring, cleaning up,removing,containing,treating,detoxifying or neutralizing,or in any way responding to,or assessing the effects of,pollutants. This exclusion does not apply to the extent that valid "controlling underlying insurance"for the pollution liability risks described above exists or would have existed but for the exhaustion of underlying limits for "injury or damage". d.Workers'Compensation And Similar Laws Any obligation of the insured under a workers'compensation,disability benefits or unemployment compensation law or any similar law. SECTION II -LIMITS OF INSURANCE 1.The Limits of Insurance shown in the Declarations,and the rules below fix the most we will pay regardless of the number of: a.Insureds; b.Claims made or suits brought,or number of vehicles involved; c.Persons or organizations making claims or bringing suits;or d.Limits available under any "controlling underlying insurance". 2.The Limits of Insurance of this Coverage Part will apply as follows: a.This insurance only applies in excess of the "retained limit". b.The Aggregate Limit is the most we will pay for the sum of all "ultimate net loss",for all "injury or damage"covered under this Coverage Part. However,this Aggregate Limit only applies to "injury or damage"that is subject to an aggregate limit of insurance under the "controlling underlying insurance". c.Subject to Paragraph 2.b.above,the Each Occurrence Limit is the most we will pay for the sum of all "ultimate net loss"under this insurance because of all "injury or damage"arising out of any one "event". d.If the Limits of Insurance of the "controlling underlying insurance"are reduced by defense expenses by the terms of that policy,any payments for defense expenses we make will reduce our applicable Limits of Insurance in the same 2/5 Page 1 of 1 PXS 21030 1221 PRIMARY NONCONTRIBUTORY – OTHER INSURANCE PROVISION The following Condition is added to the policy: Primary Noncontributory – Other Insurance The insurance provided by this policy is primary, and will not seek contribution from any insurance available to an additional insured under this policy, provided that: (a) The additional insured is a named insured under such other insurance; And (b) Prior to an “occurrence” you agreed, in a fully executed written contract or agreement, that this insurance would be primary and would not seek contribution from any insurance available to that additional insured. This endorsement does not change any other provision of the policy FOLLOW FORM EXCESS LIABILITY POLICY Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words “you” and “your” refer to the Named Insured shown in the Declarations. The words “we”, “us” and “our” refer to the company providing this insurance. In consideration of the payment of the premium and in reliance upon the statements in the Declarations, we agree to provide coverage as follows: I. INSURING AGREEMENT Except for the terms, conditions, definitions and exclusions of this policy, the coverage provided by this policy will follow the “controlling underlying insurance”, which is the policy or policies referenced in SP CXS 003 23- Schedule of Underlying Insurance. In no event shall this policy provide broader coverage than is provided by any policy in the “underlying insurance”, except if specifically provided otherwise by endorsement. We shall pay on behalf of the insured “loss” in excess of the “underlying limits of insurance” shown in the Schedule of Underlying Insurance. II. DEFINITIONS A. Insured means any person or organization qualifying as such in the “controlling underlying insurance”. B. Loss means those amounts actually paid in the settlement or satisfaction of a claim or suit which an insured is legally obligated to pay for injury or damage, after making proper deductions for all recoveries and salvage. C. Policy Period means the period of time between the effective date shown in the Declarations and the earlier of the expiration date shown in the Declarations or the expiration date shown in an endorsement to this policy. D. Underlying Insurance means the “controlling underlying insurance” policy or policies as stated as such in SP CXS 003 23- Schedule of Underlying Insurance, as well as all applicable policies and other forms of insurance or self-insurance applicable to a given claim or occurrence regardless of whether such underlying is scheduled in SP CXS 003 23- Schedule of Underlying Insurance. E. Underlying Limits of Insurance means the total sum of the limits of all applicable “underlying insurance”, including any insurance, retentions or deductibles applicable to a given claim or occurrence regardless of whether such underlying is scheduled in SP CXS 003 23- Schedule of Underlying Insurance. III. LIMITS OF INSURANCE A. This policy applies only in excess of the “underlying limits of insurance” shown in the Schedule of Underlying Insurance. B. The stated Each Occurrence Limit as set forth in the Declarations is the maximum amount we shall pay for all “loss” arising out of any one occurrence to which this policy applies. C. The stated Aggregate Limit as set forth in the Declarations is the maximum amount we shall pay for all “loss” that is subject to an aggregate limit provided by the “controlling underlying insurance” and will apply in the same manner as the aggregate limits provided by the “controlling underlying insurance”. SP CXS FF 08 23 Page 1 of 2 IV. DEFENSE We will follow form the Defense provisions of the “controlling underlying insurance”. If there are no defense provisions in the “controlling underlying insurance”, we will have the right, but not the duty to be associated with you or the underlying insurer or both in the investigation of any claim or defense of any suit which in our opinion may create liability for us for “loss” under this policy. If we exercise such right, we will do so at our own expense, but we will have no such expense liability or obligation once our applicable Limits of Insurance are exhausted. V. CONDITIONS A. Maintenance of Underlying Insurance For the duration of this policy period, you agree to keep the “underlying insurance” in full effect and that the “underlying insurance” will be maintained, except for the reduction or exhaustion of limits paid for “loss” covered by “underlying insurance”. To the extent that any “underlying insurance” are not maintained in full effect for the duration of this policy period, we will only be liable to the same extent that we would have, had you fully complied with these requirements. B. Other Insurance This insurance is excess over any insurance available to the insured except insurance specifically written to apply in excess of this policy. C. Notice of Occurrence You must make certain that we are notified in writing as soon as practicable of an occurrence which may result in a claim or suit which may involve this policy. No insured will, except at that insured’s own cost, voluntarily make a payment, assume any obligation or incur any expense, other than first aid, without our written consent. D. Changes This policy may only be changed by an endorsement we issue that becomes part of this policy. E. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by delivering or mailing advance written notice of cancellation to us. 2. We may cancel this policy by delivering or mailing to the First Named Insured written notice of cancellation at least 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or 30 days before the effective date of cancellation if we cancel for any other reason. This cancellation provision is in place unless a state specific regulation mandates otherwise. SP CXS FF 08 23 Contains copyrighted material of Insurance Page 2 of 2 Services, Inc. with its permission. Endurance American Specialty Insurance Company Page 1 of 3 EXL 0203 0813 EXCESS LIABILITY COVERAGE FOLLOW FORM (SHORT FORM) Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words “you” and “your” refer to the Named Insured. The words “we”, “us” and “our” refer to the Company providing this insurance. The word “insured” means any person or organization qualifying as such in the “first underlyinginsurance” which is the controlling policy listed in Item 5 of the Declarations, unless designated otherwise in the Declarations. Other words and phrases that appear in quotation marks have special meaning and can be found in the DEFINITIONS Section or the specific policy provision where they appear. In consideration of the payment of the premium and in reliance upon the statements in the Declarations, we agree with you to provide coverage as follows: INSURING AGREEMENTS I. COVERAGE We will pay on behalf of the insured the amount of “loss” covered by this insurance in excess of the “underlying limits of insurance” subject to the LIMITS OF INSURANCE Section. This policy will follow form to the terms, conditions, definitions, and exclusions of the "first underlying insurance" in effect the first day of the Policy Period, except to the extent that the terms, conditions, definitions, and exclusions of this policy differ from the "first underlying insurance." In no event shall this policy provide broader coverage than is provided by any policy in the “underlying insurance” shown in Item 5. of the Declarations, except if specifically provided otherwise by endorsement. II. LIMITS OF INSURANCE A. The Each Occurrence limit stated in Item 4. of the Declarations is the most we will pay for all “loss” arising out of any one occurrence to which this policy applies. B. The aggregate limit shown in Item 4. of the Declarations is the most we will pay for all “loss” that is subject to an aggregate limit provided by the “first underlying insurance” and shall apply in the same manner as the aggregate limits provided by the “first underlying insurance”. C. This policy applies only in excess of the “underlying limits of insurance” and only after the “underlying limits of insurance” have been exhausted. III. DEFENSE We will follow the Defense provisions of the “first underlying insurance”. In the event there are no Defense provisions contained in the “first underlying insurance”, we will have the right, but not the duty to be associated with you or your underlying insurer or both in the investigation of any claim or defense of any suit which in our opinion may create liability to our policy for “loss.” If we exercise such right, we will do so at our own expense, but we will have no such expense obligation or liability once the Limits of Insurance are exhausted. IV. PREMIUM If any additional premium charge is made to the “underlying insurance” during the Policy Period or if there is an increase in the risk assumed by us, our premium may be adjusted. Endurance American Specialty Insurance Company Page 2 of 3 EXL 0203 0813 V. DEFINITIONS A. “Loss” means those sums actually paid in the settlement or satisfaction of a claim which you are legally obligated to pay as damages, including but not limited to “bodily injury” and “property damage”, after making proper deductions for all recoveries and salvage. B. “Underlying limits of insurance” means the sum of the limits of all applicable “underlying insurance” listed in Item 5. of the Declarations, including self-insured retentions (SIRs), deductibles or other forms of insurance or self-insurance applicable to a given claim or occurrence. VI. CONDITIONS A. Changes This policy can only be changed by a written endorsement signed by one of our authorized representatives that becomes a part of this policy. B. First Named Insured Duties The person or organization first named in Item 1. of the Declarations is responsible for the payment of all premiums. The first Named Insured will act on behalf of all other Named Insureds for the giving and receiving of notice of cancellation or the receipt of any return premium that become payable. C. Maintenance of “Underlying Insurance” During the period of this policy, you agree to keep all “underlying insurance” in full force and effect and that the “underlying limits of insurance” will be maintained, except to the extent such limits may be reduced or exhausted by payment for “loss” covered by “underlying insurance.” If you fail to comply with these requirements, we will only be liable to the same extent that we would have been had you fully complied with these requirements. D. Notice of Occurrence You must see to it that we are notified as soon as practicable of an occurrence which may result in a claim or suit which may involve this policy. If a claim or suit against any insured is reasonably likely to involve this policy you must notify us in writing as soon as practicable. If the “underlying limits of insurance” are exhausted solely by payment of “loss”, no insured will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our written consent. E. Other Insurance If other insurance applies to a “loss” that is also covered by this policy, this policy will apply excess of the other insurance. However, this provision will not apply if the other insurance is specifically written to be excess of this policy. Other insurance includes any type of self-insurance or other mechanism by which an insured arranges for funding of legal liabilities. F. Conformity to Statute Any terms of this policy which are in conflict with the terms of any applicable law or regulation governing this policy are hereby amended to conform to such laws and regulations. Endurance American Specialty Insurance Company Page 3 of 3 EXL 0203 0813 G. When “Loss” is Payable Coverage under this policy will not apply unless and until the insured or the insured’s “underlying insurance” is obligated to pay the full amount of the “underlying limits of insurance.” When the amount of “loss” has finally been determined, we will promptly pay on behalf of the insured the amount of “loss” falling within the terms of this policy. If the insured has rights to recover all or part of any payment we have made under this policy, then those rights are transferred to us and the insured must do nothing to impair those rights. At our request the insured will bring suit or transfer those rights to us to enforce them.