# New York Automobile Endorsement

**Policy No:** 86-68-700  
**Effective Date:** [Not specified]  
**Agency No:** [Not specified]  
**Premium:** $[Not specified]  
**Composite Rate:** [Not specified]

## 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 used thereon other than the New York Automobile Accident Indemnification Endorsement, does not apply to any accident occurring within the State of New York.

## New York Automobile Accident Indemnification Endorsement

The company agrees with the named insured, in consideration of the payment of the premium for this endorsement and subject to all terms and conditions of the policy, as follows:

### Insuring Agreement

1. **Damages for Bodily Injury Caused by Uninsured Automobiles:**
   The company will pay all sums which the insured or his legal representative shall be legally entitled to recover from the owner or operator of an uninsured automobile because of bodily injury, including death, sustained by the insured, caused by accident arising out of the ownership, maintenance, or use of such uninsured automobile; provided, however, that the amount of such damages, if any, recoverable by such representative is legally entitled to recover such damages, and if so the amount thereof, shall be made by agreement between the insured or such representative and the company or, if they fail to agree, by arbitration.

2. **Definition of "Insured":**
   The term "insured" means:
   (1) the named insured and, while residents of the same household, his spouse and the relatives of either;
   (2) any other person while occupying:
      - an automobile owned by the named insured or, if the named insured is an individual, such spouse and used by or with the permission of the named insured;
      - any other automobile while being operated by the named insured or such spouse.
   Every person described in subdivision (1) or (2) above.

3. **Uninsured Automobile:**
   The term "uninsured automobile" means:
   (1) an automobile with respect to the ownership, maintenance, or use of which there is, at the amount specified in the New York Automobile Financial Responsibility Act, no financial responsibility securities on deposit with the New York Commissioner of Motor Vehicles nor (ii) a bodily injury liability bond or insurance policy applicable at the time of the accident with respect to such automobile, except that the term "uninsured automobile" shall not include a vehicle which has been covered by a bodily injury liability bond or insurance policy applicable at the time of the accident but the company writing the same disclaims liability under such bond or policy.
   (2) a hit-and-run automobile as defined:
      - but the term "uninsured automobile" shall not include:
         - an automobile owned by the named insured or spouse;
         - an automobile which is operated by a self-insurer within the meaning of any motor vehicle financial responsibility law, motor carrier law, or any similar law;
         - 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 crawler-tracks and while located for use as a residence or premises and not as a vehicle; or
         - a vessel, aircraft, or equipment designed for use principally off public roads, except while actually upon public roads.
   (c) Hit-and-Run Automobile: The term "hit-and-run automobile" means an automobile which causes bodily injury to an insured arising out of physical contact of such automobile with another vehicle, property, or person, provided that:
      - there cannot be ascertained the identity of either the operator or the owner of such "hit-and-run automobile";
      - the insured or someone on his behalf shall have reported the accident within 24 hours after the occurrence thereof to the New York Commissioner of Motor Vehicles, who shall have filed with the company within 90 days thereafter a statement under oath that the insured or his legal representative has a reasonable belief that the accident was caused by a "hit-and-run automobile"; and (3) at the request of the company, the insured or his legal representative shall file with the company a sworn statement setting forth the facts supporting the belief that the accident was caused by a "hit-and-run automobile".

4. **Occupant:**
   The word "occupying" means in or upon entering into or alighting from:
   (a) State: The word "state" includes the District of Columbia, a territory or possession of the United States, and a province of Canada.
   (b) Territory: This endorsement applies only to accidents which occur within the State of New York.

### Exclusions

This endorsement does not apply:
(a) to bodily injury to an insured while operating an automobile in violation of an order of suspension or revocation; or to care or loss of services recoverable by an insured because of such bodily injury so sustained.
(b) to bodily injury to an insured, or care or loss of services recoverable by an insured, with respect to which insurer, company, or person may make any settlement with or prosecute to judgment any action against any person or organization who may be legally liable therefor.

(Continued on reverse side)

**ZURICH INSURANCE COMPANY**  
**AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY**

**Form 221-B**  
**Z 007111**