Solely for the purpose of Uninsured/Underinsured Motorist Coverage provided by this endorsement, Section V. EXCLUSIONS is amended to include the following additional exclusions:

1. This insurance does not apply to any claim settled without our consent. However, this exclusion does not apply to a settlement made with the insurer of a vehicle which is an Uninsured Motor Vehicle.

2. This insurance does not apply to the direct or indirect benefit of any insurer or self-insurer under any workers' compensation, disability benefits or similar law.

3. This insurance does not apply to any Insured using a vehicle without the expressed or implied permission of the owner or lessee.

4. This insurance does not apply to Bodily Injury or Property Damage sustained by:
   a. An individual Named Insured while Occupying or when struck by any vehicle owned by that Named Insured that is not a covered Auto for Uninsured Motorists Coverage under this endorsement;
   b. Any Family Member while Occupying or when struck by any vehicle owned by that Family Member that is not a covered Auto for Uninsured Motorists Coverage under this endorsement; or
   c. Any Family Member while Occupying or when struck by any vehicle owned by the Named Insured that is insured for Uninsured Motorists Coverage under any other policy.

5. This insurance does not apply to punitive or exemplary damages.

6. This insurance does not apply to Property Damage to an Auto or to property contained in an Auto owned by the Named Insured which is not a covered Auto.

7. This insurance does not apply to Property Damage for which the Insured has been or is entitled to be compensated by other property or physical damage insurance.

**CONDITIONS**

Solely for the purpose of Uninsured/Underinsured Motorist Coverage provided by this endorsement, Condition L. Other Insurance under Section VI. CONDITIONS is deleted in its entirety and replaced by the following:

L. **Other Insurance**
Any insurance we provide under this endorsement will be excess to the total limits of any Other Insurance paid or available for payment to an Insured, except other applicable Uninsured/Underinsured Motorist Coverage written to be excess of this policy.

If there is other applicable Uninsured/Underinsured Motorist Coverage under any other policy issued to the Named Insured by us, the maximum recovery for damages may equal but not exceed the highest applicable limit of insurance under any one policy.

If there is other applicable excess Uninsured/Underinsured Motorist Coverage available under more than one policy, then the following priorities of coverage apply:

1. A policy covering as excess, umbrella, or similar insurance, a motor vehicle Occupied by the injured person or a policy covering, as excess, umbrella, or similar insurance, a pedestrian as a Named Insured.
2. A policy covering as excess, umbrella, or similar insurance, a motor vehicle Occupied by the injured person or a policy covering, as excess, umbrella, or similar insurance, a pedestrian as an Insured other than as a Named Insured.

NOTICE: This form complies with requirements from the Filing Requirements of the New York State Insurance Department. However, such forms and rates must meet the minimum standards of the New York Insurance Law and Regulations.

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Copyright, Insurance Services Office, Inc., 2000