WILSON GENERAL CONTRACTING, INC. 2024457

NE 00 31 01 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 10 COMMERCIAL EXCESS LIABILITY NE 00 31 01 19 COMMERCIAL EXCESS LIABILITY POLICY 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 a ny 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 "underlying insurance". Other words and phrases that appear in quotation marks in this policy have special meaning. Refer to Section IV – Definitions. Other words and phrases that are not defined under this policy but defined in the "underlying insurance" will have the meaning described in the policy of "underlying insurance". The insurance provided under this policy will follow the same provisions, exclusions and limitations that are contained in the applicable "underlying insurance", unless otherwise directed by this insurance. To the extent such provisions differ or conflict, the provisions of this policy will apply. However, the coverage provided under this policy will not be broader than that provided by the applicable "underlying insurance". There may be more than one "underlying insurance" policy listed in the Schedule of “underlying insurance” and provisions in those policies conflict, and which are not superseded by the provisions of this policy. In such a case, the provisions, exclusions and limitations of the "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 the ”ultimate net loss” in excess of the limits shown in the Schedule of “underlying insurance” because of “injury or damage” to which this insurance applies, provided that the “underlying insurance” also applies, or would apply but for the exhaustion of its applicable limits of insurance. 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 "underlying insurance" have been exhausted in accordance with the provisions of such "underlying insurance" by actual payment of the “underlying insurance” limits. An offer to pay or a tender of limits of “underlying insurance” are not considered to be exhaustion of such “underlying insurance” limits. 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. 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 policy. However, if the policy of "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 policy. b. This insurance applies to "injury or damage" that is subject to the applicable Limits Of Insurance shown on the Schedule of “underlying insurance”. If any other limit, such as a sublimit, is specified in the "underlying insurance", this insurance does not apply to "injury or damage" arising out of that coverage. DocuSign Envelope ID: A181A6E1-38C6-4FC4-9DB3-55096154243F