NY Veh & Traf L § 1695 (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 8 - Respective Powers of State and Local Authorities Article 44-B - Transportation Network Company Services 1695 - Insurance Provisions.

§  1695.  Insurance  provisions.  1. Insurers that write motor vehicle insurance in this state may, in the insurance policy,  exclude  any  and all coverage afforded under the policy issued to an owner or operator of a  TNC  vehicle for any loss or injury that occurs while a TNC driver is logged on to a TNC's digital network or while a driver  provides  a  TNC prearranged trip, including:  (a) liability coverage for bodily injury and property damage;  (b)  coverage  provided pursuant to article fifty-one of the insurance law;  (c) uninsured motorist coverage;  (d) supplementary uninsured/underinsured motorist coverage; and  (e) motor vehicle physical damage coverage as described  in  paragraph nineteen  of subsection (a) of section one thousand one hundred thirteen of the insurance law.   2. Such exclusions shall apply notwithstanding any  requirement  under the  law  to  the  contrary. Nothing in this section implies or requires that an owner's policy of liability insurance  or  other  motor  vehicle insurance  policy  provide coverage while the TNC driver is logged on to the TNC's digital network, while the TNC driver  is  engaged  in  a  TNC prearranged  trip  or  while the TNC driver otherwise uses or operates a TNC vehicle to transport passengers for compensation.   3. Nothing shall be deemed  to  preclude  an  insurer  from  providing primary,  excess, or umbrella coverage for the TNC driver's TNC vehicle, if it chose to do so by contract or endorsement.   4. Motor vehicle insurers that exclude the coverage described in  this article  shall  have  no duty to defend or indemnify any claim expressly excluded  thereunder.  Nothing  in  this  article  shall  be  deemed  to invalidate  or  limit  an  exclusion contained in a policy including any policy in use or approved for use in this state prior to  the  effective date of this section.   5. A motor vehicle insurer that defends or indemnifies a claim against a TNC driver that is excluded under the terms of its policy shall have a right  of contribution against other insurers that provide motor vehicle insurance  to  the  same  driver  in  satisfaction   of   the   coverage requirements of the provisions of this article.   6. In a claims coverage investigation, a TNC and any insurer providing coverage under this article shall, within fifteen days after a claim has been  filed,  facilitate  the  exchange  of  relevant  information  with directly  involved  parties  and  any  insurer  of  the  TNC  driver  if applicable,  including the precise times that a TNC driver logged on and off of the TNC's digital network in the twelve hour  period  immediately preceding  and  in  the  twelve  hour  period  immediately following the accident and  disclose  to  one  another  a  clear  description  of  the coverage,  exclusions  and  limits  provided  under  any  motor  vehicle insurance maintained under this article.   7. The superintendent of financial services may promulgate such  rules and  regulations  that  the superintendent deems necessary to facilitate the sharing of  information  between  insurers,  when  a  motor  vehicle accident  occurs and at least one of the insurers is providing financial responsibility coverage to a TNC vehicle pursuant to this article.   8.  The  commissioner  shall  provide  relevant   insurance   coverage information  required  by  this  article  to  the following persons upon request:  (a) a person to whom an accident report pertains or who  is  named  in such report, or his or her authorized representative; and  (b)  any  other person or his or her authorized representative who has demonstrated to the satisfaction of the commissioner that such person is  or may be a party to a civil action arising out of the conduct described in such accident report.