NY Ins L § 3440 (2021)
2021 New York Laws ISC - Insurance Article 34 - Insurance Contracts-Property/casualty 3440 - Insurance Covering Private Passenger Motor Vehicles; Rental Vehicle Coverage.

§  3440.  Insurance  covering private passenger motor vehicles; rental vehicle coverage. (a) For the  purposes  of  this  section,  a  "private passenger  motor  vehicle"  is  a  motor  vehicle:  (1)  of  the private passenger or station wagon type that is owned or hired by an  individual or by husband and wife under a long-term contract and is neither used as a  public  or  livery  conveyance  for  passengers  nor rented to others without a driver; or  (2) with a pick-up body, a delivery sedan, panel truck or  van,  owned by  an  individual  or by husband and wife who are residents of the same household  or  by  a  family  farm  co-partnership  or  a  family   farm corporation,  and  not customarily used in the occupation, profession or business of the insured other than farming or ranching, whether  or  not used in the course of driving to or from work.  (b)  Subject  to  subsection  (d) of this section, every motor vehicle liability  insurance  policy  which  insures  less  than  five   private passenger  motor vehicles registered in this state shall by endorsement, provide coverage for the obligation of the insured for actual damage to, or loss of, vehicles (including loss of use) rented by an insured in the United States, its territories or possessions and Canada under a  rental agreement  with  a term of thirty continuous days or less, regardless of where within those areas such rental vehicle is registered,  rented,  or operated,   subject   to   such  maximum  coverage  limitations  as  the superintendent may by  regulation  prescribe  or  any  other  applicable limits  in  the  policy,  whichever is higher. The term "rental vehicle" shall be used as defined in section one hundred  thirty-seven-a  of  the vehicle  and  traffic  law, if a private passenger motor vehicle and not used for the transportation of persons or property for hire.  (c) In no event shall payment be made by  more  than  one  insurer  or under  more  than  one  policy, and where a person is insured under more than one policy, such coverage shall apply in  the  following  order  of priority: (1) the policy or policies with respect to which the person is a named insured; (2) if the person is not a named insured on any policy, the policy with respect to which the person is an insured; (3) where two or  more  policies  provide  coverage  of equal priority, the insurer to which the claim is first submitted.  (d) (1) Every policy to which this section applies shall, either  upon issuance  or  upon the first renewal after April first, nineteen hundred eighty-nine, be accompanied or supplemented  by  a  notice,  in  a  form prescribed  or  approved  by the superintendent, advising the insured of the rental vehicle coverage provided pursuant to this section.  (2) In the event that a separate  charge  based  upon  rental  vehicle coverage  experience  is  included  in  the  rate or policy premium, the insurer shall thereafter advise each new insured and  with  the  initial renewal   notice  for  policies  thereafter  renewed  of  the  insured's opportunity to reject such  coverage  within  ten  days  following  such notice.  (e)  Nothing  in this section shall be construed to require an insurer to make payment under the coverage herein for damage to, or loss  of,  a rental  vehicle (including loss of use) which the rental vehicle company is precluded from recovering from the insured whether  pursuant  to  the terms  of  the  rental  agreement  or due to the prohibitions of section three hundred ninety-six-z  of  the  general  business  law  or  similar statutory  provisions  of other jurisdictions; or which is not otherwise recoverable under the applicable insurance policy or policies.  (f) Nothing in this section shall preclude an  insurer  from  pursuing subrogation  rights  in  connection with claims involving rental vehicle coverage.