# 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 Endorsement, 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.

## 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 of this endorsement:

### Insuring Agreements

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 against the owner or operator of an uninsured automobile because of bodily injury, sickness, or disease resulting therefrom, hereinafter called "bodily injury", sustained by the insured caused by accident arising out of the ownership, maintenance, or use of such uninsured automobile, provided, for the purposes of this endorsement, determination as to whether the insured or such representative is legally entitled to recover such damages from the owner thereof shall be made by agreement between the insured or such representative and the owner thereof, or, if they fail to agree, by arbitration.
2. **Definitions**:
   - (a) **Insured**: The unqualified word "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 either; or
        - 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
     3. Any person with respect to damages he is entitled to recover because of bodily injury to which this endorsement applies sustained by an insured under (1) or (2) above.
   - (b) **Uninsured Automobile**: The term "uninsured automobile" means:
     1. 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, neither (i) cash or other property deposited with the New York Commissioner of Motor Vehicles nor (ii) a liability insurance bond or policy applicable at the time of the accident with respect to any person or corporation legally responsible for the use of such automobile, or with respect to which there is a bodily injury liability bond or insurance policy applicable at the time of the accident but the company writing the same disclaims liability or denies coverage therefor.
     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 owned or operated by a self-insurer within the meaning of any motor vehicle financial responsibility law, carrier law, or any similar law;
        - An automobile which is owned by the United States of America, Canada, a state, a political sub-division of any such government, or an agency of any of the foregoing;
        - A land motor vehicle or trailer, if operated on rails or crawler-treads or while located for use as a residence or premises and not as a vehicle; or
        - A farm type tractor or equipment designed for use principally off public roads, except while actually upon public roads.
     3. **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 the insured or with another vehicle which struck the other vehicle prior to the time of the accident, provided that (1) such accident must have been reported to the police or the owner or operator of the other vehicle as reasonably possible to a police, peace or judicial officer or to the Commissioner of Motor Vehicles, and shall have filed with the company writing the policy under which the insured or his legal representative was insured a written notice arising out of such accident for damages against a person or persons whose alleged fault is not insurable, and setting forth the facts in support thereof; and (2) at the request of the company, the insured or his legal representative makes available for inspection by the company the automobile the insured was occupying at the time of the accident.
   4. **Occupying**: The word "occupying" means in or upon entering into or alighting from.
5. **Sub-Rent**: The word "rent" includes the District of Columbia, a territory or possession of the United States, and a province.
6. **Ownership**: This endorsement applies only to accidents occurring within the State of New York.

(Continued on reverse side)

**ZURICH INSURANCE COMPANY**
**AMERICAN GUARANTY AND LIABILITY INSURANCE COMPANY**

**Certified by duly authorized agent**

**Date: [Date]**