# Endorsement

This endorsement does not apply:

1. To bodily injury to an insured while operating an automobile at the order of an employer, or in the course of employment, or to care or loss of services resulting from such bodily injury.
2. To bodily injury to an insured as a result of services performed by an insured because of such bodily injury sustained.
3. To bodily injury to an insured or care or loss of services sustained by an insured with respect to whom such insured, his legal representative, or any person entitled to payment under this endorsement shall, without written consent of the company, settle any claim for settlement with or against any action against any person or organization who may be legally liable therefor.
4. So as to interfere directly or indirectly with the benefit of any workmen's compensation or disability benefits, award, or any person or organization qualifying as a self-insurer under any workmen's compensation or disability benefits law or any similar law.

## Policy Provisions

Notice of the following endorsements, forms, and conditions of the policy shall be given to the insured affected by this endorsement except the Conditions "Notice of Notice of Accident" and "Declarations."

## Premiums

If during the policy period the number of automobiles owned by the named insured or spouse and registered in New York or the number of New York dealer's license plates or transport plates issued to the named insured changes, the named insured shall notify the company in writing of such change within 15 days after the date of such change in accordance with the manuals in use by the company. If the earned premium thus computed exceeds the advance premium paid, the named insured shall pay the excess to the company; if less, the company shall return to the named insured the unused premium paid by such insured.

## Medical Examination and Claim Medical Records

Within 90 days or as soon as practicable, the insured or other person making a claim under this endorsement shall give to the company, upon written request by the company, the insured or other person making claim shall give to the company, upon written request by the company, full particulars of the nature and extent of the injuries, treatment, and other details entering into the determination of the amount payable hereunder. The insured and every other person making claim hereunder shall sign and return to the company a sworn statement under oath by any person named by the company, upon written request by the company. Proof of claim shall be made upon forms furnished by the company unless the company shall have failed to furnish such forms within 15 days after receiving notice of claim. The injured person shall submit to physical examination by a physician selected by the company when and as the company may direct, and the company may examine the injured person in the event of his incapacity his legal representative, or in the event of his death his legal representative or the person or persons entitled to sue therefor, shall upon each request from the company execute authorization to enable the company to obtain medical reports and copies of medical records.

## Right of Legal Action

In the event that the insured or his legal representative shall institute or join in an action for bodily injury against any person or organization legally responsible for the use of an automobile involved in the accident, a copy of the summons and complaint or other process served in connection with such legal action shall be furnished to the company immediately upon receipt thereof. The company may defend the insured or his legal representative in such action.

## Limits of Liability

(a) The limit of liability of the company for all damages, including damages for care or loss of services, because of bodily injury sustained by one person as the result of any one accident is $100,000 and subject to the above provision, the total limit of liability of the company for all damages, including damages for care or loss of services, because of bodily injury sustained by more than one person as the result of any one accident is $20,000,000 under the New York Motor Vehicle Accident Information Corporation law, as the result of any one accident is $20,000,000.

(b) Any amount payable under the terms of this endorsement, including amounts payable for care or loss of services, because of bodily injury sustained by one person as the result of any one accident shall be reduced by the amount of such bodily injury sustained by the owner or operator of the uninsured automobile and (b) any other person or persons jointly or severally liable together with such owner or operator for such bodily injury, (2) all sums paid to one or more insureds on account of bodily injury sustained by such person or persons, and (3) the amount paid and the present value of all amounts payable on account of such bodily injury under any workmen's compensation law, exclusive of non-occupational disability benefits.

## Other Insurance

With respect to bodily injury to an insured while occupying an automobile owned by the insured, the insurance under this endorsement shall be primary insurance with respect to such insured and applicable to such automobile as primary insurance, and this insurance shall then apply only in the amount by which the limit of liability for this coverage exceeds the applicable limit of liability of such other insurance. Except as otherwise provided herein, the limits of liability of this endorsement and the limits of liability of any other insurance available to him and applicable to the same risk, the damages shall be deemed not to exceed the higher of the applicable limits of liability of this insurance and such other insurance, and the company shall not be liable for a greater proportion of any loss to which this endorsement applies than the ratio of liability increases due to the sum of the applicable limits of liability of this endorsement and such other insurance.

## Arbitration

If any person making claim hereunder and the company do not agree that such person is legally entitled to recover damages from the owner or operator of an uninsured automobile because of bodily injury to the insured, or do not agree as to the amount of any damages which may be owing under this endorsement, then, upon written demand of either, the matter or matters upon which such person and the company do not agree shall be settled by arbitration in accordance with the rules of the American Arbitration Association and the decision of the arbitrators thereof. Such person and the company and the company each agree to consider itself bound and to be bound by any award made by the arbitrators pursuant to this endorsement.

## 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 the proceeds of any settlement or judgment that may be recovered by such person against any person and/or organization legally responsible for the bodily injury because of which such payment is made.

(b) Such person shall hold in trust for the benefit of the company all rights of recovery which he shall have against such other person or organization because of such bodily injury.

(c) Such person shall do whatever is proper to secure that such person shall do nothing after loss to prejudice such rights.

(d) If requested in writing 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 as damages from such other person or organization, such action to be taken in the name of such person; in the event of a recovery, the company shall be reimbursed out of such recovery for expenses, costs, and attorneys' fees, incurred by it in connection therewith.

(e) Such person shall execute and deliver to the company such instruments and papers as may be approved by the company.