Preview
FILED: KINGS COUNTY CLERK 05/08/2024 12:08 PM INDEX NO. 512932/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/08/2024
The following endorsement changes your policy. (a) reported the accident within 24 hours or as soon as
Please read this document carefully and keep it with your policy. reasonably possible to a police, peace or judicial
officer or to the Commissioner of Motor Vehicles;
New York Amendment of Policy Provisions and
Allstate Property and Casualty Insurance (b) filed with the Company a statement under oath that
the insured or the insured’s legal representative has
Company AU10817-2 a cause or causes of action arising out of such
accident for damages against a person or persons
Supplementary Uninsured/Underinsured Motorists whose identity is unascertainable, and setting forth
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EndorsementNew York the facts in support thereof, and
We, the company, agree with you, as the named insured, in return for payment (ii) at the request of the Company, the insured or the
of the premium for this coverage, to provide Supplementary insured’s legal representative makes available for
Uninsured/Underinsured Motorists (SUM) coverage, subject to the following inspection the motor vehicle the insured was occupying at
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terms and conditions: the time of the accident; or
INSURING AGREEMENTS (3) there is a bodily injury liability insurance coverage or bond
I. Definitions: applicable to such motor vehicle at the time of the accident,
For purposes of this SUM endorsement, the following terms have the
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but;
following meanings.
(i) the amount of such insurance coverage or bond is less
(a) Insured. The unqualified term "insured" means:
than the third-party bodily injury liability limit of this
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(1) you, as the named insured and, while residents of the same policy; or
household, your spouse and the relatives of either you or your
(ii) the amount of such insurance coverage or bond has been
spouse;
reduced, by payments to other persons injured in the
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(2) any other person while occupying: accident, to an amount less than the third-party bodily
injury liability limit of this policy; or
(i) a motor vehicle insured for SUM under this policy; or
(iii) the insurer writing such insurance coverage or bond
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(ii) any other motor vehicle while being operated by you or your
denies coverage, or such insurer is or becomes insolvent.
spouse; and
The term "uninsured motor vehicle" shall not include a motor vehicle
(3) any person, with respect to damages such person is entitled to
that is:
recover, because of bodily injury to which this coverage applies
(1) insured under the liability coverage of this policy; or
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sustained by an insured under paragraph (1) or (2) above.
(2) owned by you, the named insured, or your spouse residing in
(b) Bodily Injury. The term "bodily injury" means bodily harm, including
your household; or
sickness, disease or death resulting therefrom.
(3) self-insured within the meaning of the financial responsibility
(c) Uninsured Motor Vehicle. The term "uninsured motor vehicle" means
law of the State in which the motor vehicle is registered, or any
a motor vehicle that, through its ownership, maintenance or use,
similar state or Federal law, to the extent that the required
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results in bodily injury to an insured, and for which:
amount of such coverage is equal to, or greater than, the third-
(1) no bodily injury liability insurance policy or bond applies to such
party bodily injury liability limits of this policy; or
motor vehicle (including a vehicle that was stolen, operated
without the owner’s permission, or unregistered) at the time of (4) owned by the United States of America, Canada, a state, a
the accident or political subdivision of any such government, or an agency of
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any of the foregoing; or
(2) the owner and operator cannot be identified (including a hit-
and-run motor vehicle), and which causes bodily injury to an (5) a land motor vehicle or trailer, while located for use as a
insured by physical contact with the insured or with a motor residence or premises and not as a motor vehicle, or while
vehicle occupied by the insured at the time of the accident, operated on rails or crawler-treads; or
provided that:
(6) a farm type vehicle or equipment designed for use principally
(i) the insured or someone on the insured’s behalf: off public roads, except while actually upon public roads.
FILED: KINGS COUNTY CLERK 05/08/2024 12:08 PM INDEX NO. 512932/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/08/2024
(d) Occupying. The term "occupying" means in, upon, entering into, or made upon forms we furnish unless we fail to furnish such forms
exiting from a motor vehicle. within 15 calendar days after receiving notice of claim.
(e) State. The term "state" means a state, territory or possession of the 3. Medical Reports: The insured shall submit to physical examinations by
United States, the District of Columbia or a province of Canada. physicians we select when and as often as we may reasonably require. The
insured, or in the event of the insured’s incapacity, the insured’s legal
II. Damages for Bodily Injury Caused by Uninsured Motor Vehicles:
representative (or in the event of the insured’s death, the insured’s legal
We will pay all sums that the insured or the insured’s legal representative
representative or the person or persons entitled to sue therefor), shall
shall be legally entitled to recover as damages from the owner or operator
upon each request from us authorize us to obtain copies of relevant
of an uninsured motor vehicle because of bodily injury sustained by the
medical reports and records.
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insured, caused by an accident arising out of such uninsured motor
vehicle’s ownership, maintenance or use, subject to the Exclusions, 4. Notice of Legal Action: If the insured or the insured’s legal representative
Conditions, Limits and other provisions set forth in this SUM endorsement. brings any lawsuit against any person or organization legally responsible
for the use of a motor vehicle involved in the accident, a copy of the
III. SUM Coverage Period and Territory:
summons and complaint or other process served in connection with the
This SUM coverage applies only to accidents that occur:
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lawsuit shall be forwarded immediately to us by the insured or the
1. during the policy period shown in the Declarations; and insured’s legal representative.
2. in the United States, its territories or possessions, or Canada. 5. SUM Limits and Maximum Payments:
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EXCLUSIONS (a) The SUM limits payable under this endorsement shall be determined
This SUM coverage does not apply to: as follows:
1. bodily injury to an insured, including care or loss of services recoverable by (1) if an accident results in bodily injury excluding death to one or
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an insured, if such insured, such insured’s legal representatives, or any more persons, then we will provide the SUM limits stated in the
person entitled to payment under this coverage, without our written Declarations; or
consent, settles any lawsuit against any person or organization that may
(2) if an accident results in the death of one or more persons, then
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be legally liable for such injury, care or loss of services, however this
we will provide the greater of the SUM limits stated in the
provision shall be subject to Condition 9;
Declarations or $50,000 for such bodily injury resulting in
2. bodily injury to an insured incurred while occupying a motor vehicle owned death sustained by one person as the result of any one accident
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by that insured, if such motor vehicle is not insured for SUM coverage by and, subject to this per person limit, $100,000 for such bodily
the policy under which a claim is made, or is not a newly acquired or injury resulting in death sustained by two or more persons as
replacement motor vehicle covered under the terms of this policy; or the result of any one accident; or
3. non-economic loss resulting from bodily injury to an insured arising from (3) if an accident results in both bodily injury to one or more
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an accident in New York State, unless the insured has sustained serious persons and the death of one or more persons, then we will
injury as defined in Section 5102(d) of the New York Insurance Law. provide the greater of the SUM limits stated in the Declarations
or the limits required by the mandatory uninsured motorists
CONDITIONS
(UM) coverage as follows:
1. Policy Provisions. None of the Insuring Agreements, Exclusions or
Conditions of the policy shall apply to this SUM coverage except: “What $25,000 per injured person and, subject to this per person
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To Do If There Is A Loss”, ”Fraud”, and “Cancellation”, if applicable. limit,
$50,000 to two or more persons injured as the result of any
2. Notice and Proof of Claim: As soon as practicable, the insured or other
one accident; and
person making a claim shall give us written notice of claim under this SUM
$50,000 per person for bodily injury resulting in death and,
coverage.
subject to this per person limit,
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(i) As soon as practicable after our written request, the insured or other $100,000 to two or more persons for bodily injury resulting in
person making claim shall give us written proof of claim, under oath death as the result of any one accident.
if required, including full particulars of the nature and extent of the
(b) Regardless of the number of insureds, our maximum payment under
injuries, treatment, and other details we need to determine the SUM
this SUM Endorsement shall be the difference between:
amount payable.
(1) the SUM limits; and
(ii) The insured and every other person making claim hereunder shall, as
may reasonably be required, submit to examinations under oath by (2) the motor vehicle bodily injury liability insurance or bond
any person we name and subscribe the same. Proof of claim shall be payments received by the insured or the insured’s legal
FILED: KINGS COUNTY CLERK 05/08/2024 12:08 PM INDEX NO. 512932/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/08/2024
representative, from or on behalf of all persons that may be (c) An insured shall not otherwise settle with any negligent party,
legally liable for the bodily injury sustained by the insured. without our written consent, such that our rights would be impaired.
(c) The SUM limit shown on the Declarations for "Each Person" is the 10. Non-Duplication: This SUM coverage shall not duplicate any of the
amount of coverage for all damages due to bodily injury to one following:
person. The SUM limit shown under "Each Accident" is, subject to
(a) benefits payable under workers’ compensation or other similar laws;
the limit for each person, the total amount of coverage for all
damages due to bodily injury to two or more persons in the same (b) non-occupational disability benefits under New York Workers’
accident. Compensation Law article nine or other similar law;
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6. Non-Stacking: Regardless of the number of motor vehicles involved, (c) any amounts recovered or recoverable pursuant to New York
persons covered, claims made, motor vehicles or premiums shown in this Insurance Law article fifty-one or any similar motor vehicle insurance
policy, or premium paid, the limits, whether for UM coverage or SUM payable without regard to fault;
coverage, shall never be added together or combined for two or more
(d) any valid or collectible motor vehicle medical payments insurance; or
motor vehicles to determine the extent of insurance coverage available to
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an insured who was injured in the same accident. (e) any amounts recovered as bodily injury damages from sources other
than motor vehicle bodily injury liability insurance policies or bonds.
7. Priority of Coverage: If an insured is entitled to uninsured motorists
coverage or SUM coverage under more than one policy, the maximum 11. Arbitration:
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amount such insured may recover shall not exceed the highest limit of such
(a) If any insured makes a claim under this SUM coverage and we do not
coverage for any one motor vehicle under any one policy and the following
agree that such insured is legally entitled to recover damages from
order of priority shall apply:
the owner or operator of an uninsured motor vehicle because of
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(a) a policy covering a motor vehicle occupied by the injured person at bodily injury sustained by the insured, or do not agree as to the
the time of the accident; amount of payment that may be owing under this SUM coverage,
then, at the option and upon written demand of such insured, the
(b) a policy covering a motor vehicle not involved in the accident under
matter or matters upon which such insured and we do not agree shall
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which the injured person is a named insured; and
be settled by arbitration, administered by the American Arbitration
(c) a policy covering a motor vehicle not involved in the accident under Association, pursuant to procedures approved by the Superintendent
which the injured person is an insured other than a named insured. of Financial Services for this purpose.
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Coverage available under a lower priority policy applies only to the extent (b) If the maximum amount of SUM coverage provided by this
that it exceeds the coverage of a higher priority policy. endorsement equals the amount of coverage required to be provided
by New York Insurance Law section 3420(f)(1) and New York Vehicle
8. Exhaustion Required: Except as provided in Condition 9, we will pay
and Traffic Law Article 6 or 8, then such disagreement shall be
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under this SUM coverage only after the limits of liability have been
settled by such arbitration procedures upon written demand of either
exhausted under all motor vehicle bodily injury liability insurance policies
the insured or us. Judgment upon the award rendered by the
or bonds applicable at the time of the accident in regard to any one person
arbitrator may be entered in any court having jurisdiction thereof,
who may be legally liable for the bodily injury sustained by the insured.
and any such insured and we each agree to be bound by any award
9. Release or Advance: made by the arbitrator as to this SUM coverage. For purposes of this
Condition, the term "insured" includes any person authorized to act
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(a) In accidents involving the insured and one or more negligent parties,
on behalf of the insured.
if such insured settles with any such party for the available limit of
the motor vehicle bodily injury liability coverage of such party, a 12. Subrogation: If we make a payment under this SUM coverage, then we
release may be executed with such party after thirty calendar days have the right to recover the amount of the payment from any person
from our receipt of your written notice to us, unless within this time legally responsible for the bodily injury or loss of the person to whom, or
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period we agree to advance such settlement amounts to the insured for whose benefit, such payment was made to the extent of the payment.
in return for the cooperation of the insured in our lawsuit on behalf of The insured or any person acting on behalf of the insured must do
the insured. whatever is necessary to transfer this right of recovery to us. Except as
permitted by Condition 9, such person shall do nothing to prejudice this
(b) We shall have a right to the proceeds of any such lawsuit equal to the
right.
amount advanced to the insured and any additional amounts paid
under this SUM coverage. Any excess above those amounts shall be
paid to the insured.
FILED: KINGS COUNTY CLERK 05/08/2024 12:08 PM INDEX NO. 512932/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/08/2024
13. Payment of Loss by Company: We shall pay any amount due under this
SUM coverage to the insured or, at our option, to a person authorized by
law to receive such payment or to a person legally entitled to recover the
damages which the payment represents.
14. Action Against Company: No lawsuit shall lie against us unless the
insured or the insured’s legal representative has first fully complied with
all the terms of this SUM coverage.
15. Survivor Rights: If you or your spouse, if a resident of the same
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household, dies, then this SUM endorsement shall cover:
(a) the survivor as named insured;
(b) the decedent’s legal representative as named insured, but only while
acting within the scope of such representative’s duties as such; and
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(c) any relative who was an insured at the time of such death.
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Preview
FILED: KINGS COUNTY CLERK 05/08/2024 12:08 PM INDEX NO. 512932/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/08/2024 The following endorsement changes your policy. (a) reported the accident within 24 hours or as soon as Please read this document carefully and keep it with your policy. reasonably possible to a police, peace or judicial officer or to the Commissioner of Motor Vehicles; New York Amendment of Policy Provisions and Allstate Property and Casualty Insurance (b) filed with the Company a statement under oath that the insured or the insured’s legal representative has Company AU10817-2 a cause or causes of action arising out of such accident for damages against a person or persons Supplementary Uninsured/Underinsured Motorists whose identity is unascertainable, and setting forth Sa EndorsementNew York the facts in support thereof, and We, the company, agree with you, as the named insured, in return for payment (ii) at the request of the Company, the insured or the of the premium for this coverage, to provide Supplementary insured’s legal representative makes available for Uninsured/Underinsured Motorists (SUM) coverage, subject to the following inspection the motor vehicle the insured was occupying at m terms and conditions: the time of the accident; or INSURING AGREEMENTS (3) there is a bodily injury liability insurance coverage or bond I. Definitions: applicable to such motor vehicle at the time of the accident, For purposes of this SUM endorsement, the following terms have the pl but; following meanings. (i) the amount of such insurance coverage or bond is less (a) Insured. The unqualified term "insured" means: than the third-party bodily injury liability limit of this e (1) you, as the named insured and, while residents of the same policy; or household, your spouse and the relatives of either you or your (ii) the amount of such insurance coverage or bond has been spouse; reduced, by payments to other persons injured in the D (2) any other person while occupying: accident, to an amount less than the third-party bodily injury liability limit of this policy; or (i) a motor vehicle insured for SUM under this policy; or (iii) the insurer writing such insurance coverage or bond oc (ii) any other motor vehicle while being operated by you or your denies coverage, or such insurer is or becomes insolvent. spouse; and The term "uninsured motor vehicle" shall not include a motor vehicle (3) any person, with respect to damages such person is entitled to that is: recover, because of bodily injury to which this coverage applies (1) insured under the liability coverage of this policy; or um sustained by an insured under paragraph (1) or (2) above. (2) owned by you, the named insured, or your spouse residing in (b) Bodily Injury. The term "bodily injury" means bodily harm, including your household; or sickness, disease or death resulting therefrom. (3) self-insured within the meaning of the financial responsibility (c) Uninsured Motor Vehicle. The term "uninsured motor vehicle" means law of the State in which the motor vehicle is registered, or any a motor vehicle that, through its ownership, maintenance or use, similar state or Federal law, to the extent that the required en results in bodily injury to an insured, and for which: amount of such coverage is equal to, or greater than, the third- (1) no bodily injury liability insurance policy or bond applies to such party bodily injury liability limits of this policy; or motor vehicle (including a vehicle that was stolen, operated without the owner’s permission, or unregistered) at the time of (4) owned by the United States of America, Canada, a state, a the accident or political subdivision of any such government, or an agency of t any of the foregoing; or (2) the owner and operator cannot be identified (including a hit- and-run motor vehicle), and which causes bodily injury to an (5) a land motor vehicle or trailer, while located for use as a insured by physical contact with the insured or with a motor residence or premises and not as a motor vehicle, or while vehicle occupied by the insured at the time of the accident, operated on rails or crawler-treads; or provided that: (6) a farm type vehicle or equipment designed for use principally (i) the insured or someone on the insured’s behalf: off public roads, except while actually upon public roads. FILED: KINGS COUNTY CLERK 05/08/2024 12:08 PM INDEX NO. 512932/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/08/2024 (d) Occupying. The term "occupying" means in, upon, entering into, or made upon forms we furnish unless we fail to furnish such forms exiting from a motor vehicle. within 15 calendar days after receiving notice of claim. (e) State. The term "state" means a state, territory or possession of the 3. Medical Reports: The insured shall submit to physical examinations by United States, the District of Columbia or a province of Canada. physicians we select when and as often as we may reasonably require. The insured, or in the event of the insured’s incapacity, the insured’s legal II. Damages for Bodily Injury Caused by Uninsured Motor Vehicles: representative (or in the event of the insured’s death, the insured’s legal We will pay all sums that the insured or the insured’s legal representative representative or the person or persons entitled to sue therefor), shall shall be legally entitled to recover as damages from the owner or operator upon each request from us authorize us to obtain copies of relevant of an uninsured motor vehicle because of bodily injury sustained by the medical reports and records. Sa insured, caused by an accident arising out of such uninsured motor vehicle’s ownership, maintenance or use, subject to the Exclusions, 4. Notice of Legal Action: If the insured or the insured’s legal representative Conditions, Limits and other provisions set forth in this SUM endorsement. brings any lawsuit against any person or organization legally responsible for the use of a motor vehicle involved in the accident, a copy of the III. SUM Coverage Period and Territory: summons and complaint or other process served in connection with the This SUM coverage applies only to accidents that occur: m lawsuit shall be forwarded immediately to us by the insured or the 1. during the policy period shown in the Declarations; and insured’s legal representative. 2. in the United States, its territories or possessions, or Canada. 5. SUM Limits and Maximum Payments: pl EXCLUSIONS (a) The SUM limits payable under this endorsement shall be determined This SUM coverage does not apply to: as follows: 1. bodily injury to an insured, including care or loss of services recoverable by (1) if an accident results in bodily injury excluding death to one or e an insured, if such insured, such insured’s legal representatives, or any more persons, then we will provide the SUM limits stated in the person entitled to payment under this coverage, without our written Declarations; or consent, settles any lawsuit against any person or organization that may (2) if an accident results in the death of one or more persons, then D be legally liable for such injury, care or loss of services, however this we will provide the greater of the SUM limits stated in the provision shall be subject to Condition 9; Declarations or $50,000 for such bodily injury resulting in 2. bodily injury to an insured incurred while occupying a motor vehicle owned death sustained by one person as the result of any one accident oc by that insured, if such motor vehicle is not insured for SUM coverage by and, subject to this per person limit, $100,000 for such bodily the policy under which a claim is made, or is not a newly acquired or injury resulting in death sustained by two or more persons as replacement motor vehicle covered under the terms of this policy; or the result of any one accident; or 3. non-economic loss resulting from bodily injury to an insured arising from (3) if an accident results in both bodily injury to one or more um an accident in New York State, unless the insured has sustained serious persons and the death of one or more persons, then we will injury as defined in Section 5102(d) of the New York Insurance Law. provide the greater of the SUM limits stated in the Declarations or the limits required by the mandatory uninsured motorists CONDITIONS (UM) coverage as follows: 1. Policy Provisions. None of the Insuring Agreements, Exclusions or Conditions of the policy shall apply to this SUM coverage except: “What $25,000 per injured person and, subject to this per person en To Do If There Is A Loss”, ”Fraud”, and “Cancellation”, if applicable. limit, $50,000 to two or more persons injured as the result of any 2. Notice and Proof of Claim: As soon as practicable, the insured or other one accident; and person making a claim shall give us written notice of claim under this SUM $50,000 per person for bodily injury resulting in death and, coverage. subject to this per person limit, t (i) As soon as practicable after our written request, the insured or other $100,000 to two or more persons for bodily injury resulting in person making claim shall give us written proof of claim, under oath death as the result of any one accident. if required, including full particulars of the nature and extent of the (b) Regardless of the number of insureds, our maximum payment under injuries, treatment, and other details we need to determine the SUM this SUM Endorsement shall be the difference between: amount payable. (1) the SUM limits; and (ii) The insured and every other person making claim hereunder shall, as may reasonably be required, submit to examinations under oath by (2) the motor vehicle bodily injury liability insurance or bond any person we name and subscribe the same. Proof of claim shall be payments received by the insured or the insured’s legal FILED: KINGS COUNTY CLERK 05/08/2024 12:08 PM INDEX NO. 512932/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/08/2024 representative, from or on behalf of all persons that may be (c) An insured shall not otherwise settle with any negligent party, legally liable for the bodily injury sustained by the insured. without our written consent, such that our rights would be impaired. (c) The SUM limit shown on the Declarations for "Each Person" is the 10. Non-Duplication: This SUM coverage shall not duplicate any of the amount of coverage for all damages due to bodily injury to one following: person. The SUM limit shown under "Each Accident" is, subject to (a) benefits payable under workers’ compensation or other similar laws; the limit for each person, the total amount of coverage for all damages due to bodily injury to two or more persons in the same (b) non-occupational disability benefits under New York Workers’ accident. Compensation Law article nine or other similar law; Sa 6. Non-Stacking: Regardless of the number of motor vehicles involved, (c) any amounts recovered or recoverable pursuant to New York persons covered, claims made, motor vehicles or premiums shown in this Insurance Law article fifty-one or any similar motor vehicle insurance policy, or premium paid, the limits, whether for UM coverage or SUM payable without regard to fault; coverage, shall never be added together or combined for two or more (d) any valid or collectible motor vehicle medical payments insurance; or motor vehicles to determine the extent of insurance coverage available to m an insured who was injured in the same accident. (e) any amounts recovered as bodily injury damages from sources other than motor vehicle bodily injury liability insurance policies or bonds. 7. Priority of Coverage: If an insured is entitled to uninsured motorists coverage or SUM coverage under more than one policy, the maximum 11. Arbitration: pl amount such insured may recover shall not exceed the highest limit of such (a) If any insured makes a claim under this SUM coverage and we do not coverage for any one motor vehicle under any one policy and the following agree that such insured is legally entitled to recover damages from order of priority shall apply: the owner or operator of an uninsured motor vehicle because of e (a) a policy covering a motor vehicle occupied by the injured person at bodily injury sustained by the insured, or do not agree as to the the time of the accident; amount of payment that may be owing under this SUM coverage, then, at the option and upon written demand of such insured, the (b) a policy covering a motor vehicle not involved in the accident under matter or matters upon which such insured and we do not agree shall D which the injured person is a named insured; and be settled by arbitration, administered by the American Arbitration (c) a policy covering a motor vehicle not involved in the accident under Association, pursuant to procedures approved by the Superintendent which the injured person is an insured other than a named insured. of Financial Services for this purpose. oc Coverage available under a lower priority policy applies only to the extent (b) If the maximum amount of SUM coverage provided by this that it exceeds the coverage of a higher priority policy. endorsement equals the amount of coverage required to be provided by New York Insurance Law section 3420(f)(1) and New York Vehicle 8. Exhaustion Required: Except as provided in Condition 9, we will pay and Traffic Law Article 6 or 8, then such disagreement shall be um under this SUM coverage only after the limits of liability have been settled by such arbitration procedures upon written demand of either exhausted under all motor vehicle bodily injury liability insurance policies the insured or us. Judgment upon the award rendered by the or bonds applicable at the time of the accident in regard to any one person arbitrator may be entered in any court having jurisdiction thereof, who may be legally liable for the bodily injury sustained by the insured. and any such insured and we each agree to be bound by any award 9. Release or Advance: made by the arbitrator as to this SUM coverage. For purposes of this Condition, the term "insured" includes any person authorized to act en (a) In accidents involving the insured and one or more negligent parties, on behalf of the insured. if such insured settles with any such party for the available limit of the motor vehicle bodily injury liability coverage of such party, a 12. Subrogation: If we make a payment under this SUM coverage, then we release may be executed with such party after thirty calendar days have the right to recover the amount of the payment from any person from our receipt of your written notice to us, unless within this time legally responsible for the bodily injury or loss of the person to whom, or t period we agree to advance such settlement amounts to the insured for whose benefit, such payment was made to the extent of the payment. in return for the cooperation of the insured in our lawsuit on behalf of The insured or any person acting on behalf of the insured must do the insured. whatever is necessary to transfer this right of recovery to us. Except as permitted by Condition 9, such person shall do nothing to prejudice this (b) We shall have a right to the proceeds of any such lawsuit equal to the right. amount advanced to the insured and any additional amounts paid under this SUM coverage. Any excess above those amounts shall be paid to the insured. FILED: KINGS COUNTY CLERK 05/08/2024 12:08 PM INDEX NO. 512932/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/08/2024 13. Payment of Loss by Company: We shall pay any amount due under this SUM coverage to the insured or, at our option, to a person authorized by law to receive such payment or to a person legally entitled to recover the damages which the payment represents. 14. Action Against Company: No lawsuit shall lie against us unless the insured or the insured’s legal representative has first fully complied with all the terms of this SUM coverage. 15. Survivor Rights: If you or your spouse, if a resident of the same Sa household, dies, then this SUM endorsement shall cover: (a) the survivor as named insured; (b) the decedent’s legal representative as named insured, but only while acting within the scope of such representative’s duties as such; and m (c) any relative who was an insured at the time of such death. pl e D oc um en t