New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter C - INSURANCE › Part 34 - Motor Vehicle Liability Insurance Reporting › Section 34.11 - Warning on notice or acknowledgment of termination to insured

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The notice or
				  acknowledgment of termination sent to an insured by an insurance company upon
				  termination or non-renewal by an insurance company of an insured other than a
				  termination or non-renewal of insurance for a motorcycle, pursuant to section 313  of the Vehicle and Traffic Law shall
				  contain the following warning notice in no smaller than 12-point type face:
"Proof of financial security is required to be maintained
					 continuously throughout the registration period. If you do not keep your
					 insurance in force during the entire registration period, your registration
					 will be subject to suspension. If your vehicle is still uninsured after 90
					 days, your driver license will be suspended. To avoid these penalties you must
					 surrender your registration certificate and plates before your insurance
					 expires. By law your insurance carrier is required to report specific
					 termination information to the Commissioner of Motor Vehicles."
(b) In addition to the above
				  warning, the following information, as set forth in either paragraph below,
				  must also accompany each such notice or acknowledgment of termination. Such
				  information shall be in 12-point type face.
"If you have a lapse in insurance coverage of 90 days or
					 less, the law permits you to avoid a suspension of your registration by the
					 payment of a civil penalty for each day or any portion thereof up to 90 days
					 for which your insurance was not in effect. This civil penalty option applies
					 only once during any 36-month period.
The civil penalties are:
-1 to 30 day lapse -$8 per each day of lapse
-31 to 60 day lapse -$240 plus $10 per day for days 31 to
					 60
-61 to 90 day lapse - $540 plus $12 per day for days 61 to
					 90."
Note: The language required in this subdivision must be
					 exactly replicated on each notice. An insurer may, however, vary the format
					 (such as spacing between lines) in order to fit all of the information on the
					 notice.
(c) Such warning
				  and information shall be required to be sent to an insured whenever coverage on
				  a vehicle is terminated in any manner, except when the insured has submitted to
				  the insurance company a notice of surrender of registration issued by the
				  department, or when the termination of coverage merely involves simultaneous
				  coverage from one vehicle to a replacement vehicle.
(d) Motorcycles. When the notice or
				  acknowledgment of termination is for a motorcycle, the warning specified in
				  subdivision (a) of this section may be contained on the notice or
				  acknowledgment of termination and in addition to or in place of that warning
				  the following warning shall also accompany each such notice or acknowledgment
				  or termination. Such information shall be in no smaller than 12-point type
				  face.
"Proof of financial security is required to be maintained
					 continuously throughout the registration period. Liability insurance must be
					 maintained on all registered vehicles. However, you are not required to
					 surrender your registration plates to the Department of Motor Vehicles when
					 your liability insurance terminates. If you operate your vehicle on the public
					 highways without liability insurance, you will be subject to having your
					 driver's license and registration revoked for a period of one year, a fine
					 imposed by a court and payment of a civil penalty of $750."
The warning notice and information required by subdivisions
					 (a), (b), (d) and (e) of this section shall also be required on any notice of
					 intent to cancel or notice of cancellation sent to an insured by a premium
					 finance agency pursuant to section 576  of the Banking Law.
(e) For hire (FH) vehicle. When the notice or
				  acknowledgment of termination sent to an insured by an insurance company upon
				  termination or non-renewal by an insurance company is for a for hire (FH)
				  vehicle insured under section 370  of the Vehicle and Traffic Law, such
				  notice shall contain the following warning notice in no smaller than 12-point
				  type face:
"Proof of financial security is required to be maintained
					 throughout the registration period. If you do not keep your insurance in force
					 continuously during the registration period your registration will be revoked.
					 To avoid this penalty you must surrender your registration certificate and
					 plates before your insurance expires. By law your insurance carrier is required
					 to report specific termination information to the Commissioner of Motor
					 Vehicles."
Reason(s) for termination: