# New York Automobile Endorsement

**Policy No:** 896100  
**Effective Date:** [Not specified]  
**Agency No.:** [Not specified]  
**Addl. Premium:** [Not specified]  
**Incl. In:** Composite Rate  

## Named Insured

These endorsements are issued by this 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, however, 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 any endorsement used 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.

## 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 becomes legally entitled to receive because of bodily injury, sickness or disease resulting therefrom, hereinafter called "bodily injury," sustained by the insured or any member of the same household, or by any person while being conveyed by an automobile owned or operated by the named insured or his legal representative, provided:
   - Determination as to whether the insured or such representative is legally entitled to recover damages from the owner or operator of an uninsured automobile as a result of the accident.
   - The company or if they fail to agree, by arbitration.
2. **Definitions**:
   - (a) **Insured**: The uninsured word "insured" means:
     - (i) The named insured and, members of the same household, his spouse and the relatives of either;
     - (ii) Any other person while conveying:
       - (a) 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;
       - (b) An automobile owned by another, 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 regardless of the cause thereof or (ii) above.
   - (b) **Damaged Automobile**: The term "uninsured automobile" means:
     - (i) An automobile with respect to the ownership, maintenance or use of which there is, in the amount required in the New York Motor Vehicle Law, a bodily injury liability bond or insurance policy applicable at the time of the accident with respect to any person or organization legally responsible for the use of such automobile, but not with respect to injuries sustained by the insured or any member of the same household but the company writing the same disclaims liability or denies coverage thereunder; or
     - (ii) A hit-and-run automobile.
   - (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 or with an automobile or property of the insured or property of another, where the driver of such automobile cannot, to the knowledge of either the operator or the owner of such "hit-and-run automobile," the insured or someone on his behalf have reported the accident to the Commissioner of Motor Vehicles, and shall have filed with the company within 90 days thereafter a statement under oath that the insured or his legal representative has a cause or causes of action against the driver of such automobile, and (3) at the request of the company, the insured or his legal representative makes available for inspection the automobile involved in the accident, or the vehicle in which the insured was in or upon entering into or alighting from.
3. **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.

(Continued on reverse side)

**ZURICH INSURANCE COMPANY**
**AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY**

**Form 3321-A**

**Z 007036**