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(8)If any “underlying insurer” denies coverage for any reason, see to it that we receive written notice of such denial as soon as practicable. Such notice will contain the reason for such denial as stated by the “underlying insurer”. d. No insured will, except at that insured’s own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 4. Legal Action Against Us No person or organization has a right under this policy: a.To join us as a party or otherwise bring us into a “suit” asking for damages from an insured; or b.To sue us on this policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for “ultimate net loss” that are not payable under the terms of this policy or that are in excess of the applicable Limit of Insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant’s legal representative. 5. Other Insurance a. This insurance is excess over, and will not contribute with any “other insurance”, whether primary, excess, contingent or on any other basis. This condition will not apply to insurance specifically written as excess over this insurance. b. When this insurance is excess over “other insurance”, we will pay only our share of the loss that exceeds the sum of: (1)The total amount that all such “other insurance” would pay for the loss in the absence of this insurance; and (2)The total of all deductible and self insured amounts under all that “other insurance”. 6. Premium Audit a. We will compute all premiums for this policy in accordance with our rules and rates. b.The Premium for this policy, as stated in 6. of the Declarations is not subject to an adjustment unless a rate is stated in the Declarations or an endorsement is attached to this policy. c.The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 7. Representations Or Fraud By accepting this policy, you agree: a.The statements in the Declarations are accurate and complete; b.Those statements are based upon representations you made to us; c.We have issued this policy in reliance upon your representations; and d.This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy. 8. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first named insured, this insurance applies: a.As if each Named Insured were the only Named Insured; and b.Separately to each insured against whom claim is made or “suit” is brought. EUM 00 522 02 07© Everest Reinsurance Company, 2006Page 5 of 8 Includes copyrighted material of ISO Properties, Inc., used with its permission INSURED COPY