# 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 as damages 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 uninsured automobile; provided, however, that the question of the right to recover and the 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.

2. **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:
         - 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;
         - 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.
      3. 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 Motor Vehicle Financial Security Act, neither (i) cash or 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 person or organization legally responsible for the cause of such accident or with respect to which there is 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:
         - An automobile owned by the named insured or spouse;
         - 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;
         - 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;
         - 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;
         - 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 arising out of physical contact of such automobile with the insured, with an automobile which the insured is occupying at the time of the accident, provided:
      1. There cannot be established the identity of the owner or operator of such hit-and-run automobile;
      2. The insured or his legal representative on his behalf shall have reported the accident within 24 hours as soon as reasonably possible to a police, peace or judicial officer or 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 owner or operator of such automobile, which cause or causes of action are ascertainable and set forth the facts in support thereof; and (3) at the request of the company, the insured or his legal representative makes available for inspection the automobile which the insured was occupying 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, until a province of Canada.
3. **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 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 insured, his legal representatives or any person entitled to payment under this endorsement shall, without written consent of the company, make any settlement with or prosecute to judgment any action against any person or organization who may be legally liable therefor.

(Continued on reverse side)

Countersigned by duly authorized agent:

ZURICH INSURANCE COMPANY
AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY

Form 3321-B (1/1/68)
ATTORNEY IN FACT

IBM 062375