The owner's or operator's liability for these damages must result from the ownership, maintenance or use of the Uninsured Motor Vehicle.

2. We will pay under this coverage only if a., b., or c. below applies:

a. The limits of any applicable liability bonds or policies of the Uninsured Motor Vehicle have been exhausted by judgments or payments (Not applicable where the Uninsured/Underinsured Motorist laws of Louisiana apply);

b. The submission of claims exceeds the limits of liability under any applicable Bodily Injury bonds or policies (Applicable only where the Uninsured/Underinsured Motorists laws of Louisiana apply); or

c. A tentative settlement has been made between an Insured and the insurer of the vehicle described in paragraph b. of the definition of Uninsured Motor Vehicle of this endorsement and we:

1) Have been given prompt written notice of such settlement; and

2) 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.

3. Any judgment for damages arising out of a Suit brought without our written consent is not binding upon us (Not applicable where the Uninsured/Underinsured Motorist laws of Louisiana apply).

DEFENSE

Solely for the purpose of Uninsured/Underinsured Motorist Coverage provided by this endorsement, Section III. DEFENSE PROVISIONS is hereby deleted in its entirety and replaced by the following:

1. We will have the right and duty to defend any Suit against the Insured that seeks damages for Bodily Injury or Property Damage covered by this policy, even if the Suit is groundless, false or fraudulent when the Uninsured/Underinsured Motorists Retained Limit has been exhausted by payment of Loss to which this policy applies.

If we are prevented by law or statute from assuming the obligations specified under this provision, we will pay any expenses incurred with our consent.

2. We will have no duty to defend the Insured against any Suit seeking damages for Bodily Injury or Property Damage to which this insurance does not apply.

3. When we assume the defense of any Suit against the Insured that seeks damages covered by this policy, we will:

a. Investigate, negotiate and settle the Suit as we deem expedient; and

b. Pay the following supplementary payments:

1) premiums on bonds to release attachments for amounts not exceeding our Limits of Insurance, but we are not obligated to apply or furnish any such bond;

2) premiums on appeal bonds required by law to appeal a judgment in a Suit for amounts not exceeding the applicable Limits of Insurance of this policy, but we are not obligated to apply for or furnish any such bond;

3) all court costs taxed against the Insured in the Suit;

NOTICE: THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING 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.
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AH2083 Includes copyrighted material of the Insurance Services Office, Inc., with its permission.
Copyright, Insurance Services Office, Inc., 2000