# New York Automobile Endorsement

**Policy No:** 5570500  
**Effective Date:**  
**Agency No.:**  
**Adpt. Premium:** $ INCL IN COMPOSITE RATE

## Named Insured

These endorsements are issued by the company named below which is the insurer under the policy designated above issued to the Named Insured and form a part of said policy as of the effective date hereof, at the hour stated in the policy Declarations.

## 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 is 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 used therewith, other than the New York Automobile Accident Indemnification Coverage, as defined herein, to any person who would otherwise be legally entitled 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 agrees with the named insured, in consideration of the payment of the premium for this endorsement and subject to the terms and conditions hereinafter set forth.

### Issuing 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, sickness or disease arising out of the ownership, maintenance or use of such uninsured automobile, provided, however, that the amount of such damages for which the company is liable for the purposes of this endorsement, determined in accordance with the terms hereof, shall be made by agreement between the insured or such representative and the company or, if they fail to agree, by arbitration.
2. **Definitions**
   - (a) **Insured**: The word "insured" means:
     - (i) the named insured and, while members of the same household, his spouse and the relatives of either;
     - (ii) any other person while occupying
       - (a) an automobile owned by the named insured or, if the named insured is an individual, such spouse and used by or with the named insured; or
       - (b) any other automobile while being operated by the named insured or such spouse, except a person occupying an automobile not registered in the State of New York, while used as a public or livery conveyance; and
     - (iii) any person, with respect to damages he is entitled to recover because of bodily injury to which this endorsement applies, caused by an uninsured automobile.
   - (b) **Uninsured Automobile**: The term "uninsured automobile" means:
     - (1) an automobile with respect to the ownership, maintenance or use of which there is, as in the amounts specified in the New York Uniform Automobile Financial Responsibility Law, no liability insurance in effect with respect to the New York Commissioner of Motor Vehicles nor (2) a bodily injury liability bond or insurance policy applicable at the time of the accident but the company writing the same disclaims liability for such coverage.
   - (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 with the insured, provided: (1) there cannot be ascertained the identity of either the operator or the owner of such hit-and-run automobile; (2) the owner of such automobile has not been identified by a law enforcement officer or judicial officer or to the Commissioner of Motor Vehicles, and shall have filed with the company within 90 days thereafter a statement of the facts of the accident; (3) the company has been notified of such accident and has paid or agreed to pay damages against a person or persons whose identity is ascertainable and setting forth the facts in support thereof; and (4) at the request of the company, the person or persons occupying at the time of the accident, or their legal representatives, have signed a release of the person or persons occupying at the time of the accident.
   - (d) **Occupying**: The word "occupying" means is or upon or entering into or sitting from.
   - (e) **State**: The word "state" includes the District of Columbia, a territory or possession of the United States, and a province of Canada.
   - (f) **Territory**: This endorsement applies only to accidents which occur within the State of New York.

(Continued on reverse side)

**Zurich Insurance Company**  
**American Guarantee and Liability Insurance Company**

**Form 1211-ET**  
**Date:** [Date]  
**File No.:** [File No.]

**Z 007003**