# Zurich Insurance Company

## New York Automobile Accident Indemnification Endorsement

**Policy No:** 0458300  
**Effective Date:** (Not specified)  
**Agency No:** (Not specified)  
**Addl Premium:** $ (Not specified)  
**Composite Rate:** (Not specified)

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### 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 added:

> "provided in the event of non-payment of premium, such notice shall state when not less than ten days thereafter such cancellation shall be effective."

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### 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 Coverage, with respect to damages which the insured shall become 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.

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### New York Automobile Accident Indemnification Endorsement

The company, on behalf of the Motor Vehicle Accident Indemnification Corporation, hereinafter called "MVAIC," agrees with the named insured, in consideration of the payment of the premium for this endorsement and subject to all terms of this endorsement, the following Agreement:

1. **Damages for Bodily Injury Caused by Uninsured Automobile:** MVAIC will pay all sums which the insured or his legal representative shall be legally entitled to recover as damages 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, for the purpose of determining the amount of such damages, the amount of any settlement made with the owner or operator of such uninsured automobile, or the amount of any judgment or award, whichever is less, shall be reduced by the amount of any compensation paid by the owner or operator of such uninsured automobile to the insured or his legal representative for loss of earnings, medical expenses, or other similar items; and so the amount thereof, shall be made by agreement between the insured or such representative and MVAIC or, if the law so directs, by arbitration.

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### Definitions

(a) **Insured:**

(i) The unqualified word "insured" means:
   - The named insured and, while residents of the same household, his spouse and the relatives of either.
   - An individual who is domiciled in the United States of America.

(ii) 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 either, or

(iii) An 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 which used as a public or livery conveyance, an automobile used in the course of employment, or an automobile used to obtain care or lost services because of bodily injury, in which this endorsement applies.

(b) **Uninsured Automobile:**

The term "uninsured automobile" means:

(i) An automobile with respect to the ownership, maintenance, or use of which there is, in the amounts specified in the New York Motor Vehicle Financial Security Act, hereinafter called "Act," cash or securities on deposit with the New York Commissioner of Motor Vehicles, or with the Secretary of State of the United States of America, Canada, a state, a political subdivision of any such government, or an agency of any of the foregoing;

(ii) A land motor vehicle or equipment operated on rails or crawler-tracks or while located for use as a residence or premises, but the term "uninsured automobile" shall not include:

   (a) An automobile owned by the named insured or his spouse;
   (b) An automobile owned or operated by a self-insurer within the meaning of any motor vehicle financial responsibility law, motor carrier law or any similar law;
   (c) An automobile owned or operated by the United States of America, Canada, a state, a political subdivision of any such government, or an agency of any of the foregoing;
   (d) A land motor vehicle or equipment designed for use principally off public roads except while actually upon public roads;
   (e) A farm type tractor or equipment designed for use principally off public roads.

The term "uninsured automobile" means an automobile which causes bodily injury to a person arising out of physical contact of such automobile with the insured or with an automobile which is owned or operated by the owner of such "uninsured automobile." If the insured or someone on his behalf shall have reported the accident which resulted in such bodily injury to the New York Commissioner of Motor Vehicles, as required by the Act, and if the insured or his legal representative shall have filed with MVAIC within 90 days thereafter a statement under oath that the uninsured or his legal representative was the owner or operator of the uninsured automobile at the time of the accident and setting forth the facts in accordance with and in the request of MVAIC, the insured or his legal representative makes available for inspection the uninsured vehicle which the insured was operating at the time of the accident.

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### Zurich Insurance Company

American Guarantee and Liability Insurance Company

**Form:** 3221

**Fully Guaranteed By:** Zurich Insurance Company

**Attorney In Fact:** (Not specified)

**Z 006857**