2023 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.