# New York Automobile Endorsement

**Policy No:** 8826270  
**Effective Date:** 1-1-76  
**Agency No:**  
**App. Premium:** $  
**Incl. In:** Composite Rate

## 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 Coverage, with respect to 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 from the owner or operator of an uninsured automobile 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 automobile, as is described for the purposes of this endorsement. The agreement under which the insured or such representative is legally entitled to recover such damages, and as to 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:**
(i) The named insured and, while residents of the same household, his spouse and the relatives of either;
(ii) 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.
(iii) Any person, with respect to damage he is entitled to recover because of bodily injury to which this endorsement applies sustained by him covered under (1) or (2) above.

(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, either (1) cash or securities on deposit with the New York Commissioner of Motor Vehicles or (2) a bodily injury liability bond or insurance policy applicable at the time of the accident with respect to such automobile, and the owner or operator responsible for the use of such automobiles, 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 thereunder; or
(ii) 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, rules, regulations, or similar law;
   (iii) An automobile which is owned by the United States of America, Canada, a state, a political subdivision of any such government or an agency of any of the foregoing;
   (iv) A lead motor vehicle or trailer, if operated on rails or crawler-creeds or while located for use as a residence or premises of, 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.

(c) **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 when such automobile was not in motion at the time of the accident, provided that (1) there cannot be ascertained the identity of either the operator or the owner of such automobile; and (2) the insured or someone on his behalf shall have reported the accident within 24 hours or as soon as reasonably possible to a police officer or to the New York Commissioner of Motor Vehicles, who shall have filed with the company within 30 days thereafter a statement under oath that the insured or his legal representative has a cause of action against the person or persons whose identity is unascertainable, and setting forth the facts in support thereof; and (2) the company shall have been furnished with the insured's legal representative makes available for inspection.

(d) **Occupying:**
The word "occupying" means in or upon or entering into or alighting from.

(e) **State:**
The word "state" includes the District of Columbia, a territory or possession of the United States, and a province of Canada.

### Exclusions

This endorsement does not apply:
(a) To bodily injury to an insured while operating an automobile in violation of an order of suspension or revocation; or to care or loss of services recoverable by an insured because of such bodily injury so sustained;
(b) To bodily injury to an insured, or care or loss of services recoverable by an insured, with respect to which such care or loss of services is considered as payment under this endorsement, without written consent of the company, except that the portion or organization may be