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COMMERCIAL EXCESS LIABILITY CX 00 01 04 13 LIABILITYCOMMERCIAL EXCESS Various provisions in this policy restrict coverage. When we have no duty to defend, we will have Read the entire policy carefully to determine rights, the right to defend, or to participate in the duties and what is and is not covered. defense of, the insured against any other suit Throughout this policy the words "you" and "your" seeking damages for"injury or damage". refer to the Named Insured shown in the Declarations, However, we will have no duty to defend the and any other person or organization qualifying as a insured against any suit seeking damages for Named Insured under this policy. The words "we", which insurance under this policy does not "us" and "our" refer to the company providing this apply. insurance. The word "insured" means any person or At our discretion, we may investigate any organization qualifying as such under the "controlling "event" that may involve this insurance and underlying insurance", settle any resultant claim or suit, for which we Other words and phrases that appear in quotation have the duty to defend. marks in this Coverage Part have special meaning. But: Refer to Section IV — Definitions. Other words and phrases that are not defined under this Coverage Part (1) The amount we will pay for "ultimate net but defined in the "controlling underlying insurance" loss" is limited as described in Section iI — will have the meaning described in the policy of Limits Of Insurance; and "controlling underlying insurance". (2) Our right and duty to defend ends when we The insurance provided under this Coverage Part will have used up the applicable limit of follow the same provisions, exclusions and limitations insurance in the payment of judgments or that are contained in the applicable "controlling settlements under this Coverage Part. underlying insurance", unless otherwise directed by However, if the policy of "controlling this insurance. To the extent such provisions differ or underlying insurance" specifies that limits conflict, the provisions of this Coverage Part will are reduced by defense expenses, our right apply. However, the coverage provided under this and duty to defend ends when we have Coverage Part will not be broader than that provided used up the applicable limit of insurance in by the applicable"controlling underlying insurance". the payment of defense expenses, judgments or settlements under this There may be more than one "controlling underlying Coverage Part. insurance listed in the Declarations and provisions in those policies conflict, and which are not superseded b. This insurance applies to "injury or damage" by the provisions of this Coverage Part. In such a that is subject to an applicable "retained limit". case, the provisions, exclusions and limitations of the If any other limit, such as, a sublimit, is "controlling underlying insurance" applicable to the specified in the "controlling underlying particular "event" for which a claim is made or suit is insurance", this insurance does not apply to brought will apply. "injury or damage" arising out of that exposure SECTION i—COVERAGES unless that limit is specified in the Declarations under the Schedule of "controlling underlying 1. Insuring Agreement insurance". a. We will pay on behalf of the insured the c. If the "controlling underlying insurance" "ultimate net loss" in excess of the "retained requires, for a particular claim, that the "injury limit" because of "injury or damage" to which or damage" occur during its policy period in insurance provided under this Coverage Part order for that coverage to apply, then this applies. insurance will only apply to that "injury or We will have the right and duty to defend the damage" if it occurs during the policy period of insured against any suit seeking damages for this Coverage Part. if the "controlling such "injury or damage" when the applicable underlying insurance" requires that the "event" limits of"controlling underlying insurance" have causing the particular "injury or damage" takes been exhausted in accordance with the place during its policy period in order for that provisions of such "controlling underlying coverage to apply, then this insurance will insurance". apply to the claim only if the "event" causing that "injury or damage" takes place during the policy period of this Coverage Part, CX 00 01 04 13 ©Insurance Services Office, inc., 2012 Page 1 of 5 i