# Endorsement for Bodily Injury Liability

## Definition of "Uninsured Automobile"
An automobile which causes bodily injury to an insured or a person entitled to payment under the policy, provided that such automobile is not covered by any other insurance.

## Reporting Requirements
The insured shall report the accident within 24 hours to a police officer or other law enforcement official. The insured shall file with the company within 30 days thereafter a statement under oath that includes the name and address of the person or persons whose identity is unascertainable and setting forth the facts in support thereof, and at the company's request, the names and addresses of all other automobiles which the insured was operating at the time of the accident.

## Occupying the Vehicle
The word "occupying" means being on or entering into or alighting from the vehicle.

## Effective Date and Territory
This endorsement applies only to accidents which occur on and after the effective date hereof during the policy period and within the United States of America, its territories or possessions, or Canada.

## Exclusions
This endorsement does not apply:
- To bodily injury to an insured with respect to which such insured has legal representative or any person entitled to payment under the policy under this endorsement.
- To bodily injury to an uninsured while occurring concurrently with an uninsured automobile owned by a named insured or organization and through or by reason of such uninsured automobile but this exclusion does not apply to the principal named insured or his relatives while occupying or in charge of an automobile owned by another person or organization and used with the owner's permission.

## Policy Provisions
None of the Insuring Agreements, Exclusions, or Conditions of the policy shall apply to the provisions adopted by this endorsement except the Conditions "Notice or Accident Changes," "Assignment," "Cancellation," and "Termination."

## Premium
If during the policy period the number of insureds insured or the number of named insureds or named insured characters, such named insured shall notify the company in writing of any change and the premium shall be adjusted in accordance with the terms of the policy. If the number of named insureds or named insured characters in use by the company is less, the company shall return to such named insured the unearned portion paid by such insured.

## Notice of Claim: Medical Reports
As soon as practicable, the insured or other person making claim shall give to the company written proof of claim, under oath, stating the nature of the claim, the amount claimed, and the name and address of the person or organization alleged to be legally responsible for the use of an uninsured automobile involved in the accident. The determination of the amount payable hereunder. The insured and every other insured person making claim hereunder shall submit to examination under oath by the company or its duly authorized representatives. Proof of claim shall be made upon forms furnished by the company, unless the company shall have to furnish such forms within 30 days after the date of the accident.

## Assistance and Cooperation
The insured or any other person making claim may require the company to provide such assistance and cooperation as may be necessary or appropriate to preserve his right to recover damages from any person or organization alleged to be legally responsible for the use of an uninsured automobile involved in the accident.

## Notice of Legal Action
If before the company makes payment to a person or organization legally responsible for the use of an uninsured automobile involved in the accident, a copy of the summons and complaint shall be served upon the company by the insured or his legal representative.

## Limits of Liability
(a) The limit of liability stated in the schedule as applicable to each person is the limit of the company's liability for bodily injury sustained by one or more persons as the result of any one accident and subject to the above provision respecting each person. The limit of liability stated in the schedule as applicable to each person is the limit of the company's liability for bodily injury sustained by two or more persons as the result of any one accident.

(b) The amount payable under the terms of this endorsement because of bodily injury sustained in an accident by a person who is an insured under this coverage shall be reduced by:
(1) the amount of any payment made by the company on behalf of (a) the owner or operator of the uninsured automobile and (b) any other person or organization jointly or severally liable together with the owner or operator for such bodily injury; and
(2) the amount paid and the present value of all amounts payable on account of such bodily injury under any workers' compensation law or any similar law.

(c) Any payment made under this endorsement to or for any insured shall be applied in reduction of the amount of damage, which may be resulted to recover from an, person or organization legally responsible for the use of an uninsured automobile involved in the accident. Under this Coverage that part of the damages which the insured may be entitled to recover from the owner or operator of an uninsured automobile which represents expenses for medical services, hospitalization, and lost wages shall be considered as damages for bodily injury.

## Other Insurance
With respect to bodily injury to an insured while occupying an automobile not owned by the principal named insured and not covered by any other insurance available to such insured and applicable to such automobile as primary insurance and this insurance shall not apply to the extent of the amount of any payment made by the other insurance.

## Payment of Loss
The company shall be deemed not to exceed the higher of the applicable limits of liability of this insurance and the other insurance, and the company shall be entitled to deduct from any payment made under this endorsement the amount which the other insurance bears to the sum of the applicable limits of liability of this insurance and such other insurance.

## Trust Agreement
In the event of payment to any person under this endorsement:
(a) the company shall be entitled to the extent of such payment to secure any settlement or judgment that may be entered in the event of recovery of such payment against any person or organization legally responsible for the bodily injury because of which such payment is made.
(b) if the company shall be entitled to the extent of such payment to secure any settlement or judgment that may be entered in the event of recovery of such payment against any person or organization legally responsible for the bodily injury because of which such payment is made, the company shall retain all rights of recovery when he shall have against such other person or organization because of the damages which are the subject of claim made under this endorsement.
(c) such person shall do everything necessary to enable the company to secure such settlement or judgment.
(d) if the company is wronged by the company, such person shall take, through any representative designated by the company such action as may be necessary or appropriate to recover such payment and to secure any settlement or judgment that may be entered in the event of recovery of such payment against any person or organization legally responsible for the bodily injury because of which such payment is made. The company shall be reimbursed out of such recoveries for expenses, costs, and attorneys fees incurred by it in connection therewith.

## Action Against Company
No action shall be against the company unless as a condition precedent thereto, the insured or his legal representative has fully complied with all the terms of this endorsement.

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