# New York Automobile Endorsement

## Policy No: 8550600
## Effective Date:
## Agency No:
## Additional 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:

"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."

### 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.

### 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 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 as damages because of bodily injury, sickness, or disease, including death, 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, and if so the amount thereof, shall be made by agreement between the insured or such representative and the company or, if they fail to agree, by arbitration.

#### 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:
(i) 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
(ii) 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;

(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 Vehicle Financial Responsibility Act, neither (i) cash securities on deposit with the New York Commissioner of Motor Vehicles nor (ii) a bodily injury liability bond or insurance policy applicable at the time of the accident with respect to any such organization legally responsible for the use of such automobile, except 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 thereunder; or
(2) a hit-and-run automobile as defined:
but the term "uninsured automobile" shall not include:
(i) an automobile owned by the named insured or spouse;
(ii) an automobile which is owned or operated by a self-insurer within the meaning of any motor vehicle financial responsibility law, motor carrier law, or any similar law;
(iii) 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 thereof;
(iv) 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
(v) a farm type tractor or equipment designed for use principally off public roads, except while actually upon public roads.
(e) **Hit-and-Run Automobile**: The term "hit-and-run automobile" means an automobile which causes bodily injury to another person arising out of physical contact of such automobile with the insured or with an automobile which the insured is occupying at the time of the accident, provided: (1) there cannot be ascertained the identity of either the operator or the owner of such "hit-and-run automobile"; (2) the insured or someone on his behalf has reported the accident to the Commissioner of Motor Vehicles, and shall have filed with the Commissioner within 30 days after the occurrence of the accident under oath that the insured or his legal representative has filed a case or has given notice of action arising out of such accident for damages against the owner or persons whose identity is not known, and setting forth facts to support thereof; and (3) upon request of the company, the insured or his legal representative, must be available for inspection, the automobile which the insured was operating at the time of the accident.

#### Occupying
The word "occupying" means a person or entering into or alighting from an automobile while it is in motion or at rest.

#### State of New York
The word "state" includes the District of Columbia, a territory or possession of the United States, and Puerto Rico.