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OTHER INSURANCE - PRIMARY AND NON- CONTRIBUTORY <br />(ADDITIONAL INSURED) ENDORSEMENT <br />THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. <br />This endorsement modifies insurance provided under the following: <br />BUSINESSOWNERS COVERAGE FORM <br />The following is added to SECTION III — COMMON POLICY CONDITIONS: <br />M. Otherinsurance <br />1. Additional Insureds <br />If you agree in a written contract, written <br />agreement or permit that the insurance <br />provided to any person or organization <br />included as an Additional Insured under <br />SECTION II - LIABILITY, Part C — Who is An <br />Insured, is primary and non - contributory, the <br />following applies: <br />If other valid and collectible insurance is <br />available to the Additional Insured for a loss <br />we cover under SECTION 11 — LIABILITY, <br />Part A. Coverages, Paragraph 1., Business <br />Liability our obligations are limited as follows: <br />a. Primary Insurance <br />This insurance is primary to other <br />insurance that is available to the <br />Additional Insured which covers the <br />Additional Insured as a Named Insured. <br />We will not seek contribution from any <br />other insurance available to the Additional <br />Insured except: <br />(1) For the sole negligence of the <br />Additional Insured; <br />(2) When the Additional Insured is an <br />Additional Insured under another <br />primary liability policy; or <br />(3) When b.(2) below applies <br />If this insurance is primary, our obligations <br />are not affected unless any of the other <br />insurance is also primary. Then, we will <br />share with all that other insurance by the <br />method described in b.(3) below. <br />b. Excess Insurance <br />This insurance is excess over: <br />(1) Any of the other insurance, whether <br />primary, excess, contingent or on any <br />other basis: <br />(a) That is Fire, Extended Coverage, <br />Builder's Risk, Installation Risk or <br />similar coverage for "your work "; <br />(b) That is Fire insurance for <br />premises rented to the Additional <br />Insured or temporarily occupied <br />by the Additional Insured with <br />permission of the owner; <br />(c) That is insurance purchased by <br />the Additional Insured to cover the <br />Additional Insured's liability as a <br />tenant for "property damage" to <br />premises rented to the Additional <br />Insured or temporarily occupied <br />by the Additional Insured with <br />permission of the owner; or <br />(d) If the loss arises out of the <br />maintenance or use of aircraft, <br />"autos" or watercraft to the extent <br />not subject to Exclusion g. of <br />SECTION II — LIABILITY, Part A. <br />Coverages, 1. Business <br />Liability. <br />When this insurance is excess, we will <br />have no duty under SECTION II — <br />LIABILITY, Part A. Coverages, 1. <br />Business Liability to defend the insured <br />against any "suit" if any other insurer has <br />a duty to defend the insured against that <br />"suit ". If no other insurer defends, we will <br />undertake to do so, but we will be entitled <br />to the insured's rights against all those <br />other insurers. <br />When this insurance is excess over other <br />insurance, we will pay only our share of <br />the amount of the loss, if any, that <br />exceeds the sum of: <br />(2) The total amount that all such other <br />insurance would pay for the loss in the <br />absence of this insurance; and <br />(3) The total of all deductible and self - <br />insured amounts under all that other <br />insurance. <br />We will share the remaining loss, if any, <br />with any other insurance that is not <br />described in this Excess Insurance <br />provision and was not bought specifically <br />to apply in excess of the Limits of <br />391 -1331 06 09 Includes copyrighted material of Insurance Services Offices, Inc., with its permisslon Page 1 of 2 <br />