# New York Automobile Accident Indemnification Endorsement

## Amendment of Cancellation Condition - New York

It is agreed that in the second sentence of the Cancellation Condition, the word "ten" is replaced by "twenty" and the following added thereto:

"In the event of non-payment of premium, such notice shall state when not less than ten days thereafter such cancellation shall be effective."

## Limitation of Family Protection Against Uninsured Motorists Coverage - New York

It is agreed that such insurance as is afforded by the policy or by any endorsement under which such coverage shall become legally enabled to recover from the owner or operator of an uninsured automobile, does not apply to any accident occurring within the State of New York.

## New York Automobile Accident Indemnification Endorsement

The company, on behalf of the Motor Vehicle Accident Indemnification Corporation, hereinafter called "MVAC," agrees with the named insured, in consideration of the payment of the premium for this endorsement and subject to all terms of this endorsement, to indemnify the named insured against bodily injury sustained by the named insured or any other person while occupying an automobile owned or operated by the named insured or any other person, including death resulting therefrom, caused by an uninsured automobile.

### Insuring Agreements

1. **Damages for Bodily Injury Caused by Uninsured Automobile**: MVAC will pay all sums which the insured or his legal representative becomes legally obligated to pay as damages because of bodily injury, sickness or disease, including death resulting therefrom, hereinafter called "bodily injury," sustained by the named insured or any other person while occupying an automobile owned or operated by the named insured or any other person, including death resulting therefrom, caused by an uninsured automobile.
2. **Uninsured Automobile**: The term "uninsured automobile" means:
   - An automobile with respect to the ownership, maintenance, use or occupancy thereof, in which there is, in the amounts specified in the New York Motor Vehicle Accident Liability Law, securities on deposit with the New York Commissioner of Motor Vehicles nor (ii) a bodily injury liability bond or insurance policy, applicable to the accident with respect to any person who is injured by reason of being struck by such automobile.
   - A hit-and-run automobile as defined.
3. **Exclusions**: This endorsement does not include:
   - An automobile owned by the named insured or spouse.
   - An automobile which is owned or operated by a self-insurer within the meaning of any motor vehicle financial responsibility law.
   - An automobile which is owned or operated by a governmental unit.
   - An automobile which is owned by the United States of America, Canada, a state, a political subdivision of any such government or any agency thereof.
   - A land motor vehicle or trailer, if operated on rails or crossties, roads or while located for use as a residence or premises a non-residential nature.
   - A farm type tractor or equipment designed for use principally off public roads, except while actually upon public roads.
   - A hit-and-run automobile. The term "hit-and-run automobile" means an automobile which causes bodily injury to another person while the automobile is being driven away from the scene of the accident, and the driver of the automobile is not occupying at the time of the accident, provided (i) there cannot be ascertained the identity of either the operator or the owner of the automobile, (ii) the driver of the automobile is not identified within 24 hours or as soon as reasonably possible to a police officer or to the Commissioner of Motor Vehicles, a statement of the facts of the accident is not made to the police officer or to the Commissioner of Motor Vehicles, the cause of cause of action arising out of such accident for damages against a person or persons whose identity is unascertainable, and setting forth the facts in writing thereon, and the representative makes available for inspection the automobile which the insured was occupying at the time of the accident.

## Zurich Insurance Company
American Guarantee and Liability Insurance Company

**Form 3331. 11M 142**

**Z 006830**