# New York Automobile Accident Indemnification Endorsement

## Limitation of Family Protection Against Uninsured Motorists Coverage—New York

It is agreed that such insurance as is provided by the policy or by any endorsement therewith, 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.

## Definitions

(a) Insured: The individual named "Insured" means:

(i) the named insured and, while residents of the same household, his spouse and the relatives of either (ii) any other person while occupying

(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;

(iii) 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

(iii) 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 Vehicle Financial Responsibility Law, (i) cash or securities deposited 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 person or entity legally responsible for the use of the automobile, or with respect to which there is no 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 of any of the foregoing;

(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 when 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 without physical contact of such automobile with the insured or within an automobile which was involved in occurrence at the time of the accident, provided (1) where cannot be ascertained whether the driver or the owner or the operator of such "hit-and-run automobile" (2) the insured or someone acting on behalf shall have reported the accident within 48 hours or as soon as it becomes possible to a police officer, a municipal official officer or to the Commissioner of Motor Vehicles and shall have filed with the company writing the policy thereafter a statement under oath against the insured or legal representative has a cause or causes of action arising out of such accident for damages against a person or persons whose identity is ascertainable setting forth the facts in support thereof and (3) at the request of the company, the insured shall file two legal statements setting forth the facts in support thereof and the automobile which the insured occupied or was driving at the time of the accident.

(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.

## Territory

This endorsement applies only to accidents which occur within the State of New York.

## 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 arrest 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 insured, his heirs, assigns, or any person entitled to payment under this endorsement shall, without written consent of the company, make any settlement with or compromise to judgment any action against any person or organization who may be legally liable therefor.