NY Ins L § 3452 (2021)
2021 New York Laws ISC - Insurance Article 34 - Insurance Contracts-Property/casualty 3452 - Group Property Travel Insurance Policies.

§  3452.  Group  property  travel  insurance  policies. (a)(1) A group property travel insurance policy, and certificates  thereunder,  may  be issued or delivered in this state only in accordance with the provisions of this section.  (2)  A  group  property  travel  insurance  policy,  and  certificates thereunder, may be issued only by an authorized insurer.  (3) The policy may be issued to:  (A) any railroad company, steamship company, carrier  by  air,  public bus  carrier,  or  other  common  carrier  of passengers, which shall be deemed the policyholder, where the policy insures its passengers;  (B) an institution of higher education as provided in paragraph two of subsection (a) of section three  thousand  two  hundred  forty  of  this chapter; or  (C)  any  other  group  where  the  superintendent has determined in a regulation that the members are engaged in a common enterprise, or  have an economic or social affinity or relationship, and that the issuance of the policy would not be contrary to the best interests of the public.  (4)  (A)  Except  as  provided in subparagraph (B) of paragraph one of subsection (a) of section three  thousand  two  hundred  forty  of  this chapter,  the  policy  may  provide coverage for trip cancellation, trip interruption, baggage, and personal effects when limited to  a  specific trip.  The  policy  shall  be  sold  in  connection  with transportation provided by the common carrier or,  with  respect  to  other  groups  as permitted  by  the superintendent in accordance with subparagraph (C) of paragraph three of this subsection, subject to such limitations provided in the regulation promulgated by the superintendent.  (B) A policy issued to an institution of higher education shall comply with clause (V) of item (iv) of subparagraph (B)  of  paragraph  one  of subsection  (a)  of  section  three  thousand  two hundred forty of this chapter.  (5) Coverage under the policy shall be limited to the  group  member's risks  with  respect  to a particular trip, except a policy issued to an institution  of  higher  education  shall  comply  with  item  (iv)   of subparagraph  (B)  of  paragraph  one of subsection (a) of section three thousand two hundred forty of this chapter.  (6) A person shall not be required to purchase any product or  service to be eligible for group property travel insurance coverage, or required to  purchase  coverage as a condition of becoming a passenger or a group member.  (b) An insurer shall treat in a like manner all eligible group members of the same class.  (c) A group travel insurance policy or certificate issued  thereunder, shall  not be subject to section three thousand four hundred twenty-five or section three thousand four hundred twenty-six of this  article.  The following   requirements   shall  apply  with  regard  to  cancellation, nonrenewal, or conditional renewal of coverage:  (1) Unless the group policy provides for a longer policy  period,  the policy shall be issued or renewed for a one-year policy period, except a policy  issued  to an institution of higher education shall be issued or renewed for a period consistent with item (iv) of  subparagraph  (B)  of paragraph  one  of  subsection (a) of section three thousand two hundred forty of this chapter.  (2) An insurer may cancel a group  policy,  only  if  cancellation  is based  upon  one  or  more  of the reasons set forth in paragraph one of subsection (c) of section three thousand four hundred twenty-six of this article, provided, however, that an act or omission by  a  group  member shall not constitute the basis for cancellation of the policy.  (3) An insurer's cancellation, nonrenewal, or conditional renewal of a group  policy shall not become effective until at least sixty days after the insurer mails  or  delivers  written  notice  of  the  cancellation, nonrenewal,  or  conditional  renewal  to  the group policyholder at the mailing  address  shown in the policy. For purposes of this section, the term "conditional renewal" shall mean a renewal that is conditioned upon change of limits, change in type of coverage, reduction  or  elimination of  coverage,  increased  deductible  or  addition  of  exclusion, or an increase in premiums in excess of ten percent per group member.  (4) Every notice of cancellation, nonrenewal, or  conditional  renewal shall  set  forth  the  specific  reason  or  reasons  for cancellation, nonrenewal, or conditional renewal.  (5) A group policyholder may cancel the group policy  for  any  reason upon thirty days written notice to the insurer.  (6)  Any  certificate  in  effect  when the group policy is cancelled, nonrenewed or otherwise terminated shall continue to be  in  effect  for the period of coverage specified in the certificate.  (7)  (A)  An  insurer  may  terminate  a certificate upon fifteen days notice for:  (i) nonpayment of premium; or  (ii) discovery of fraud or material misrepresentation in obtaining the certificate or in the presentation of a claim thereunder.  (B) The coverage shall terminate as provided in the certificate, which shall in no event be later than  the  conclusion  of  the  trip,  except coverage  under a policy issued to an institution of higher education as provided in item (iv) of subparagraph (B) of paragraph one of subsection (a) of section three thousand two hundred forty of  this  chapter  shall terminate in accordance with the provisions of that section.  (d)  The superintendent may promulgate regulations pertaining to group property travel insurance, including regulations regarding: payments  of dividends  or retrospective premium refunds; minimum provisions; minimum number of group members; and other reasonable limitations.