3. A policy not covering a motor vehicle Occupied by the injured person but covering, as excess, umbrella, or similar insurance, the injured person as a Named Insured.

4. A policy not covering a motor vehicle Occupied by the injured person but covering, as excess, umbrella, or similar insurance, the injured person as an Insured other than as a Named Insured.

We will pay only our share of the Loss that must be paid under insurance providing umbrella or excess coverage. Our share is the proportion that our limit of liability bears to the total of all applicable limits of all the policies applicable on the same level of priority.

Solely for the purpose of Uninsured/Underinsured Motorist Coverage provided by this endorsement, Condition G. Duties In the Event of an Occurrence, Claim Or Suit under Section VI. CONDITIONS is amended to include the following additional provisions:

G. Specifically as respects to any Occurrence which may result in a Uninsured/Underinsured Motorist claim for coverage under this policy:
a. You must promptly notify the police if a hit-and-run driver is involved, and
b. You must promptly send us copies of the legal papers if a Suit is brought.
c. A person seeking Uninsured/Underinsured Motorists Coverage must also promptly notify us in writing of a tentative settlement between the Insured and the insurer of the vehicle described in Paragraph 4.b. of the definition of Uninsured Motor Vehicle and allow us 90 days (30 days where the Uninsured/Underinsured Motorist laws of Florida apply; 60 days where the Uninsured/Underinsured Motorist laws of West Virginia apply; as soon as practicable where the Uninsured/Underinsured Motorist laws of Louisiana apply) to advance payment to that Insured in an amount equal to the tentative settlement to preserve our rights against the insurer, owner or operator of such vehicle described in Paragraph 4.b. of the definition of Uninsured Motor Vehicle.

Solely for the purpose of Uninsured/Underinsured Motorist Coverage provided by this endorsement, Condition P. Transfer of Your Rights and Duties under Section VI. CONDITIONS is amended to include the following additional provisions:

P. If we make any payment and the Insured recovers from another party, the Insured shall hold the proceeds in trust for us and pay us back the amount we have paid.

However, where the Uninsured/Underinsured laws of the state of Louisiana apply, if we make any payment under this policy and the person to or for whom payment is made has a right to recover damages from another, we shall be subrogated to that right. However, our right to recover is subordinate to the right of the Insured to be fully compensated.

Our rights do not apply under this provision with respect to Uninsured/Underinsured Motorists Coverage if we:
a. Have been given prompt written notice of a tentative settlement between an Insured and the insurer of a vehicle described in Paragraph 4.b. of the definition of Uninsured Motor Vehicle; and
b. Fail to advance payment to the Insured in an amount equal to the tentative settlement within 90 days (30 days where the Uninsured/Underinsured Motorist laws of Florida apply; 60 days where the Uninsured/Underinsured Motorist laws of West Virginia apply; as soon as practicable where the Uninsured/Underinsured Motorist laws of Louisiana apply) after receipt of notification.

If we advance payment to the Insured in an amount equal to the tentative settlement within 90 days (30 days where the Uninsured/Underinsured Motorist laws of Florida apply; 60 days where the Uninsured/Underinsured Motorist laws of West Virginia apply; as soon as practicable where the Uninsured/Underinsured Motorist laws of Louisiana apply) after receipt of notification:

NOTICE OF APPLICATION FOR INSURANCE

APPLYING FOR INSURANCE UNDER THE REQUIREMENTS OF THE NEW YORK STATE INSURANCE DEPARTMENT. HOWEVER, SUCH FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW INSURANCE LAW AND REGULATIONS.

AH2083 Includes copyrighted material of the Insurance Services Office, Inc., with its permission.
Copyright, Insurance Services Office, Inc., 2000
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