§ 5103. Entitlement to first party benefits; additional financial\nsecurity required. (a) Every owner's policy of liability insurance\nissued on a motor vehicle in satisfaction of the requirements of article\nsix or eight of the vehicle and traffic law shall also provide for;\nevery owner who maintains another form of financial security on a motor\nvehicle in satisfaction of the requirements of such articles shall be\nliable for; and every owner of a motor vehicle required to be subject to\nthe provisions of this article by subdivision two of section three\nhundred twenty-one of the vehicle and traffic law shall be liable for;\nthe payment of first party benefits to:\n (1) Persons, other than occupants of another motor vehicle or a\nmotorcycle, for loss arising out of the use or operation in this state\nof such motor vehicle. In the case of occupants of a bus other than\noperators, owners, and employees of the owner or operator of the bus,\nthe coverage for first party benefits shall be afforded under the policy\nor policies, if any, providing first party benefits to the injured\nperson and members of his household for loss arising out of the use or\noperation of any motor vehicle of such household. In the event there is\nno such policy, first party benefits shall be provided by the insurer of\nsuch bus.\n (2) The named insured and members of his household, other than\noccupants of a motorcycle, for loss arising out of the use or operation\nof (i) an uninsured motor vehicle or motorcycle, within the United\nStates, its territories or possessions, or Canada; and (ii) an insured\nmotor vehicle or motorcycle outside of this state and within the United\nStates, its territories or possessions, or Canada.\n (3) Any New York resident who is neither the owner of a motor vehicle\nwith respect to which coverage for first party benefits is required by\nthis article nor, as a member of a household, is entitled to first party\nbenefits under paragraph two of this subsection, for loss arising out of\nthe use or operation of the insured or self-insured motor vehicle\noutside of this state and within the United States, its territories or\npossessions, or Canada.\n (4) The estate of any covered person, other than an occupant of\nanother motor vehicle or a motorcycle, a death benefit in the amount of\ntwo thousand dollars for the death of such person arising out of the use\nor operation of such motor vehicle which is in addition to any first\nparty benefits for basic economic loss.\n (b) An insurer may exclude from coverage required by subsection (a)\nhereof a person who:\n (1) Intentionally causes his own injury.\n (2) Is injured as a result of operating a motor vehicle while in an\nintoxicated condition or while his ability to operate such vehicle is\nimpaired by the use of a drug within the meaning of section eleven\nhundred ninety-two of the vehicle and traffic law; provided, however,\nthat an insurer shall not exclude such person from coverage with respect\nto necessary emergency health services rendered in a general hospital,\nas defined in subdivision ten of section two thousand eight hundred one\nof the public health law, including ambulance services attendant thereto\nand related medical screening. Notwithstanding any other law, where the\ncovered person is found to have violated section eleven hundred\nninety-two of the vehicle and traffic law, the insurer has a cause of\naction for the amount of first party benefits paid or payable on behalf\nof such covered person against such covered person.\n (3) Is injured while he is: (i) committing an act which would\nconstitute a felony, or seeking to avoid lawful apprehension or arrest\nby a law enforcement officer, or (ii) operating a motor vehicle in a\nrace or speed test, or (iii) operating or occupying a motor vehicle\nknown to him to be stolen, or (iv) operating or occupying any motor\nvehicle owned by such injured person with respect to which the coverage\nrequired by subsection
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