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SB146968C <br />(Ed. 10-19) <br />C. Under Businessowners Liability Conditions, the condition entitled Duties In The Event of Occurrence, Offense, <br />Claim or Suit is amended to add the following: <br />An additional insured under this endorsement will as soon as practicable: <br />I. Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; <br />2. Tender the defense and indemnity of any claim or "suit" to us for a loss we cover under this Coverage Part; <br />3. Except as provided for in paragraph D.2. below: <br />a. Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a <br />loss we cover under this Coverage Part; and <br />b. Agree to make available any other insurance which the additional insured has for a loss we cover under this <br />Coverage Part. <br />We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice <br />of a claim or "suit" from the additional insured. <br />D. With respect only to the insurance provided by this endorsement, the condition entitled Other Insurance of the <br />BUSINESSOWNERS COMMON POLICY CONDITIONS Is amended to delete paragraphs 2. and 3. and replace them <br />with the following: <br />2. This insurance is excess over any other insurance available to the additional insured, whether primary, excess, <br />contingent or on any other basis, But if required by the written contract or written agreement, this insurance will be <br />primary and noncontributory relative to insurance on which the additional insured is a Named Insured. <br />3. When this insurance is excess, we will have no duty under Business Liability insurance to defend the additional <br />Insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit" If no <br />other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against <br />all those other insurers. <br />When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, <br />that exceeds the sum of: <br />(a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and <br />(b) The total of all deductible and self -insured amounts under all that other insurance. <br />We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance <br />provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations <br />of this Coverage Part. <br />E. Additional Insured — Extended Coverage <br />When an additional Insured is added by this or any other endorsement attached to this Coverage Part, the section <br />entitled Who Is An Insured is amended to make the following natural persons insureds: <br />If the additional insured is: <br />1. An individual, then his or her spouse is an insured; <br />2. A partnership or joint venture, then its partners, members and their spouses are insureds; <br />3. A limited liability company, then its members and managers are insureds; <br />4. An organization other than a partnership, joint venture or limited liability company, then its executive officers, <br />directors and shareholders are insureds; or <br />S. Any type of entity, then its employees are insureds; <br />but only with respect to locations and operations covered by the additional insured en+ad <br />rovisions, and only <br />with respect to their respective roles within their organizations. Furthermore, emplo eal insureds are not <br />insureds with respect to liability arising out of: R&APP ROVED <br />(1) "Bodily injury" or "personal and advertising injury" to any fellow employee9a�e�is2frivfi� in <br />paragraphs 1. through 4. above;82021 <br />(Ed. 10-19) <br />M. <br />Copyright, CNA All Rights Reserved. <br />