reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 60 - Minimum Provisions For Automobile Liability Insurance Policies And Supplementary Uninsured Motorists Insurance › Subpart 60-1 - Minimum Provisions For Automobile Liability Insurance Policies › Section 60-1.6 - Supplemental spousal liability insurance

Current through Register Vol. 46, No. 28, July 10, 2024
This section implements Insurance Law section 3420(a) and
						(g), as amended by chapter 584 of the Laws of 2002, chapter 735 of the Laws of
						2022, and chapter 108 of the Laws of 2023, which requires motor vehicle
						liability insurers to provide supplemental spousal liability insurance to all
						policyholders in New York State who are covered under motor vehicle liability
						insurance policies that satisfy the requirements of New York Vehicle and
						Traffic Law article 6, unless a named insured elects, in writing, and in such
						form as the superintendent determines, to decline and refuse such insurance in
						the policy. This requirement applies to all policies issued, renewed, or
						modified on or after August 1, 2023, and applies to all policyholders,
						regardless of marital status, and regardless of whether the policyholder is a
						business entity or natural person. Section 3420(g)(2) provides that a
						notification by the insurer to the named insured shall include an explanation
						of the coverage and the insurer's premium for the coverage.
(a)
Minimum requirements of SSL
					 insurance.
(1) Supplemental spousal
					 liability insurance or SSL insurance means coverage against liability of an
					 insured because of death of or injuries to the insured's spouse up to the
					 liability insurance limits provided under the policy even where the injured
					 spouse, to be entitled to recover, must prove the culpable conduct of the
					 insured spouse.
(2) SSL insurance
					 and the requirements of this section shall apply only to the bodily injury
					 liability coverage under a primary motor vehicle liability insurance policy
					 that satisfies the requirements of New York Vehicle and Traffic Law article 6
					 and shall not apply to other coverages under the policy or other types of
					 policies, such as an umbrella liability or a for hire motor vehicle liability
					 policy.
(3) If a named insured
					 elects, in writing, and in such form as the superintendent determines, to
					 decline and refuse SSL insurance, the policy will not include SSL insurance. An
					 insurer shall not be required to obtain a written declination at each renewal
					 or amendment of the policy if a named insured previously submitted a written
					 declination of SSL insurance. An insurer may obtain an electronic written
					 declination if the insurer adheres to the requirements of Insurance Law section
					 3458 regarding electronic notices and documents.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 60 - Minimum Provisions For Automobile Liability Insurance Policies And Supplementary Uninsured Motorists Insurance › Subpart 60-1 - Minimum Provisions For Automobile Liability Insurance Policies › Section 60-1.7 - Liability limits

Current through Register Vol. 46, No. 28, July 10, 2024
The limits of liability under an owner's policy of
						liability insurance shall be available in the same amount for any accident
						covered under the policy except that, where the policy or endorsement thereto
						is providing coverage in satisfaction of the financial responsibility
						requirements of article 44-B of the Vehicle and Traffic Law while the driver
						provides a prearranged trip or while the driver is logged onto a transportation
						network company's digital network but is not engaged in a transportation
						network company prearranged trip, or under both such circumstances, the policy
						may provide higher limits to satisfy such financial responsibility requirements
						for those circumstances.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 60 - Minimum Provisions For Automobile Liability Insurance Policies And Supplementary Uninsured Motorists Insurance › Subpart 60-1 - Minimum Provisions For Automobile Liability Insurance Policies › Section 60-1.8 - Other coverages while using a vehicle as a transportation network company vehicle

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If an
					 owner's policy of liability insurance provides liability coverage while the
					 motor vehicle is used by a transportation network company driver who is logged
					 onto the transportation network company's digital network but is not engaged in
					 a transportation network company prearranged trip or while the driver provides
					 a transportation network company prearranged trip, then the insurer shall also
					 provide, with respect to such period, uninsured motorist coverage, coverage
					 pursuant to article 51 of the Insurance Law, rental vehicle coverage pursuant
					 to section 3440  of the Insurance Law, and any other
					 coverage that is required to be provided; and shall offer supplementary
					 uninsured/underinsured motorists and such other coverage that is required to be
					 offered.
(b) An insurer may not
					 provide any of the coverages as specified in subdivision (a) of this section
					 while the motor vehicle is used by a transportation network company driver who
					 is logged onto the transportation network company's digital network but is not
					 engaged in a transportation network company prearranged trip or while the
					 driver provides a transportation network company prearranged trip unless, with
					 respect to such period, all the required coverages are provided.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 60 - Minimum Provisions For Automobile Liability Insurance Policies And Supplementary Uninsured Motorists Insurance › Subpart 60-1 - Minimum Provisions For Automobile Liability Insurance Policies › Section 60-1.9 - Peer-to-peer car sharing vehicle

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
					 owner's policy of liability insurance shall not be required to provide excess
					 coverage over a group policy issued pursuant to article 40 of the General
					 Business Law until February 1, 2024, where the insurer that issued the owner's
					 policy of liability insurance has filed with the department a coverage
					 exclusion under section
					 60-1.2(j)  of this
					 Subpart.
(b) Every insurer writing
					 an owner's policy of liability insurance shall provide an annual written notice
					 to the named insured under such a policy advising the named insured whether, or
					 to what extent, it provides coverage under the policy while the vehicle is
					 being used as a shared vehicle pursuant to General Business Law article 40. The
					 notice shall also state whether the insurer makes such coverage available on an
					 optional basis.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 60 - Minimum Provisions For Automobile Liability Insurance Policies And Supplementary Uninsured Motorists Insurance › Subpart 60-2 - Supplementary Uninsured/underinsured Motorists Insurance › Section 60-2.0 - Preamble, definitions, and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) Except as provided in paragraph (2) of
					 this subdivision, this Subpart implements:
(i)
					 Insurance Law section 3420(f)(2), which requires a motor vehicle liability
					 insurer to provide, at the option of the insured, supplementary
					 uninsured/underinsured motorists (SUM) insurance coverage to all policyholders
					 in New York State;
(ii) Vehicle and
					 Traffic Law section 1693(3), which requires minimum SUM coverage on all
					 policies satisfying the financial responsibility requirements of that
					 subsection; and
(iii) General
					 Business Law section 901(2)(c), which requires minimum SUM coverage on a group
					 policy satisfying the financial requirements of that
					 subdivision.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 60 - Minimum Provisions For Automobile Liability Insurance Policies And Supplementary Uninsured Motorists Insurance › Subpart 60-2 - Supplementary Uninsured/underinsured Motorists Insurance › Section 60-2.1 - Basics of sum coverage

Current through Register Vol. 46, No. 28, July 10, 2024
(a) SUM
					 provides additional insurance coverage for bodily injury, including death
					 resulting therefrom, sustained by an insured, as a result of an accident
					 involving a negligent owner or operator of another motor vehicle who:
(1) may have no insurance whatsoever;
					 or
(2) even if insured, is only
					 insured for third-party bodily injury coverage at relatively low liability
					 limits, in comparison to the policyholder's own liability limits for bodily
					 injury sustained by third-parties.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 60 - Minimum Provisions For Automobile Liability Insurance Policies And Supplementary Uninsured Motorists Insurance › Subpart 60-2 - Supplementary Uninsured/underinsured Motorists Insurance › Section 60-2.2 - Notice about sum coverage

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) Every insurer writing motor vehicle
					 liability insurance that satisfies the requirements of article 6 or 8 of the
					 Vehicle and Traffic Law shall, with respect to all new and renewal policies,
					 provide a written notice in concise language that shall include:
(i)
(a)
					 except as provided in clause (b) of this subparagraph, a statement that SUM
					 coverage is available, including the SUM limits being offered for purchase;
					 or
(b) for the initial written
					 notice, with regard to a motor vehicle liability insurance policy originally
					 entered into on or after June 16, 2018 other than a commercial risk insurance
					 policy:
(1) a statement that the insurer
					 shall provide SUM limits in an amount equal to the bodily injury liability
					 insurance limits of coverage provided under the motor vehicle liability policy
					 unless a first named insured declines the SUM coverage or selects a lower
					 amount of coverage through a written waiver signed by the first named insured,
					 subject to the requirements of Insurance Law section 3420(f)(2-a)(B), provided,
					 however, if the insurer requires that the SUM coverage limit be equal to the
					 policy's bodily injury liability insurance limit, then the written waiver shall
					 only provide for the first named insured's option to decline SUM coverage under
					 the policy; and
(2) a statement
					 that the first named insured's signed, written waiver declining SUM coverage or
					 selecting a lower amount of SUM coverage shall apply to all subsequent renewals
					 of coverage and to all policies or endorsements that extend, change, supersede,
					 or replace an existing policy issued to the first named insured, unless changed
					 in writing by a first named insured;
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 60 - Minimum Provisions For Automobile Liability Insurance Policies And Supplementary Uninsured Motorists Insurance › Subpart 60-2 - Supplementary Uninsured/underinsured Motorists Insurance › Section 60-2.3 - Requirements for sum endorsements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 declarations page of every new or renewal motor vehicle liability insurance
					 policy issued, if SUM coverage is purchased by the policyholder, shall state:
(1) the SUM limits, instead of the amount of
					 mandatory UM coverage; and
(2) the
					 maximum amount payable under SUM coverage shall be the policy's SUM limits
					 reduced and thus offset by motor vehicle bodily injury liability insurance
					 policy or bond payments received from, or on behalf of, any negligent party
					 involved in the accident, as specified in the SUM
					 endorsement.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 60 - Minimum Provisions For Automobile Liability Insurance Policies And Supplementary Uninsured Motorists Insurance › Subpart 60-3 - TRANSPORTATION NETWORK COMPANIES: MINIMUM PROVISIONS FOR POLICIES AND OTHER REQUIREMENTS › Section 60-3.0 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Subpart is to establish the minimum
						policy provisions and other requirements with respect to any policy issued in
						satisfaction of the financial responsibility requirements of Vehicle and
						Traffic Law article 44-B and a group policy issued pursuant to Insurance Law
						section
						3455.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 60 - Minimum Provisions For Automobile Liability Insurance Policies And Supplementary Uninsured Motorists Insurance › Subpart 60-3 - TRANSPORTATION NETWORK COMPANIES: MINIMUM PROVISIONS FOR POLICIES AND OTHER REQUIREMENTS › Section 60-3.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Unless otherwise stated or required in context:
(a) In this Part:
(1)
Article 44-B
policy
					 means an insurance policy or endorsement to an owner's policy of liability
					 insurance that provides financial responsibility coverage pursuant to Vehicle
					 and Traffic Law article 44-B while:
(i) the
					 TNC driver is logged onto the TNC's digital network but is not engaged in a TNC
					 prearranged trip;
(ii) the TNC
					 driver is engaged in a TNC prearranged trip; or
(iii) the TNC driver is logged onto the TNC's
					 digital network but is not engaged in a TNC prearranged trip and while the TNC
					 driver is engaged in a TNC prearranged trip.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 60 - Minimum Provisions For Automobile Liability Insurance Policies And Supplementary Uninsured Motorists Insurance › Subpart 60-3 - TRANSPORTATION NETWORK COMPANIES: MINIMUM PROVISIONS FOR POLICIES AND OTHER REQUIREMENTS › Section 60-3.2 - General provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) In addition to the mandatory liability
					 provisions specified in this Subpart, every article 44-B policy shall provide
					 coverage, as required by Vehicle and Traffic Law Article 44-B, in accordance
					 with the provisions of Insurance Law section
					 3420, Insurance Law article 51, Subpart
					 60-2 of this Part (Insurance Regulation 35-D), and Part 65 of this Part
					 (Insurance Regulation 68) and such other requirements as may be
					 applicable.
(2)
(i) A policy issued in satisfaction of the
					 financial responsibility requirements of Vehicle and Traffic Law section
					 1693(2)(a) and regulations
					 promulgated thereunder shall provide all of the coverages as specified in
					 paragraph (1) of this section while a TNC driver is logged onto the TNC's
					 digital network but is not engaged in a TNC prearranged trip.
(ii) A policy issued in satisfaction of the
					 financial responsibility requirements of Vehicle and Traffic Law section
					 1693(3)(a) and regulations
					 promulgated thereunder shall provide all of the coverages as specified in
					 paragraph (1) of this section while a TNC driver is engaged in a TNC
					 prearranged trip.
(iii) A policy
					 issued in satisfaction of the financial responsibility requirements of Vehicle
					 and Traffic Law section
					 1693(2)(a) and (3)(a) and
					 regulations promulgated thereunder shall provide all of the coverages as
					 specified in paragraph (1) of this section while a TNC driver is logged onto
					 the TNC's digital network but is not engaged in a TNC prearranged trip and
					 while the TNC driver is engaged in a TNC prearranged trip.
(3) A policy as provided in paragraph (2)(i),
					 (ii) or (iii) of this subdivision may also provide other coverages; provided
					 that a group policy may only provide the coverages specified in Insurance Law
					 section
					 3455(c)(2) and must
					 provide coverage as provided in paragraphs 2(i), (ii) or (iii) of this
					 subdivision.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 60 - Minimum Provisions For Automobile Liability Insurance Policies And Supplementary Uninsured Motorists Insurance › Subpart 60-3 - TRANSPORTATION NETWORK COMPANIES: MINIMUM PROVISIONS FOR POLICIES AND OTHER REQUIREMENTS › Section 60-3.3 - Mandatory liability provisions

Current through Register Vol. 46, No. 28, July 10, 2024
An article 44-B policy shall contain in substance the
						following minimum provisions or provisions that are equally or more favorable
						to the insured and judgment creditors, so far as such provisions relate to
						judgment creditors:
(a)
(1) If the policy provides coverage while a
					 driver is logged onto the TNC's digital network but is not engaged in a TNC
					 prearranged trip: insurance against loss from the liability imposed by law for
					 damages, including damages for care and loss of services, because of bodily
					 injury to or death of any person, and injury to or destruction of property
					 arising out of the ownership, maintenance, use or operation of a specific motor
					 vehicle or vehicles within this state, or elsewhere in the United States in
					 North America or Canada, subject to a limit, exclusive of interest and costs,
					 with respect to each such occurrence, of at least $75,000 because of bodily
					 injury to or death of one person in any one accident and, subject to said limit
					 for one person, to a limit of at least $150,000 because of bodily injury to or
					 death of two or more persons in any one accident, and to a limit of at least
					 $25,000 because of injury to or destruction of property of others in any one
					 accident;
(2) If the policy
					 provides coverage while a driver is engaged in a TNC prearranged trip:
					 insurance against loss from the liability imposed by law for damages, including
					 damages for care and loss of services, because of bodily injury to or death of
					 any person, and injury to or destruction of property arising out of the
					 ownership, maintenance, use, or operation of a specific motor vehicle or
					 vehicles within this state, or elsewhere in the United States in North America
					 or Canada, subject to a limit, exclusive of interest and costs, with respect to
					 each such occurrence, of at least $1,250,000 because of bodily injury to or
					 death of one or more persons, and injury to or destruction of property;
					 or
(3) If the policy provides
					 coverage while a driver is logged onto the TNC's digital network but is not
					 engaged in a TNC prearranged trip and while a driver is engaged in a TNC
					 prearranged trip, the policy shall provide coverage as specified in both
					 paragraphs (1) and (2) of this subdivision.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 60 - Minimum Provisions For Automobile Liability Insurance Policies And Supplementary Uninsured Motorists Insurance › Subpart 60-3 - TRANSPORTATION NETWORK COMPANIES: MINIMUM PROVISIONS FOR POLICIES AND OTHER REQUIREMENTS › Section 60-3.4 - Exclusions

Current through Register Vol. 46, No. 28, July 10, 2024
An article 44-B policy may contain in substance the
						following exclusions:
(a) While the
					 TNC vehicle is used as a public or livery conveyance, provided that the use of
					 the vehicle pursuant to Vehicle and Traffic Law article 44-B shall not be
					 deemed to be use as a public or livery conveyance.
(b) Liability assumed by the insured under
					 any contract or agreement.
(c)
					 Bodily injury to or sickness, disease or death of any employee of the insured
					 arising out of and in the course of:
(1)
					 domestic employment by the insured, if benefits therefor are in whole or in
					 part either payable or required to be provided under any workers' compensation
					 law; or
(2) other employment by the
					 insured.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 60 - Minimum Provisions For Automobile Liability Insurance Policies And Supplementary Uninsured Motorists Insurance › Subpart 60-3 - TRANSPORTATION NETWORK COMPANIES: MINIMUM PROVISIONS FOR POLICIES AND OTHER REQUIREMENTS › Section 60-3.5 - Discretionary provisions

Current through Register Vol. 46, No. 28, July 10, 2024
Such an article 44-B policy may also contain in substance
						the following provisions:
(a) that
					 written notice of accident, claim or suit is required;
(b) that the insurer is subrogated to any
					 rights of recovery of the insured;
(c) that the terms of the policy may not be
					 waived or changed except as stated in the policy;
(d) that the insurer's consent is necessary
					 to any assignment of interest under the policy;
(e) that the insured will cooperate with the
					 insurer;
(f) that no action shall
					 lie against the insurer unless the insured shall have complied with all the
					 terms of the policy, nor until the amount of the insured's obligation to pay
					 shall have been finally determined either by judgment against the insured after
					 actual trial or by written agreement of the insured, the claimant and the
					 insurer;
(g) that the insurer
					 issues the policy upon the reliance of the insured's declarations and that the
					 policy contains all agreements between the insured and the insurer and any of
					 its agents relating to the insurance;
(h) a provision relating to the insurer's own
					 method of doing business; and
(i)
					 that notice to the insurer of delivery of a newly acquired additional motor
					 vehicle or an election to insure it under a specific policy is
					 required.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 60 - Minimum Provisions For Automobile Liability Insurance Policies And Supplementary Uninsured Motorists Insurance › Subpart 60-3 - TRANSPORTATION NETWORK COMPANIES: MINIMUM PROVISIONS FOR POLICIES AND OTHER REQUIREMENTS › Section 60-3.6 - Payments to insured

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of complying with the provisions of
						Insurance Law section
						3420(f)(1), no article
						44-B policy subject to this Part shall be issued by any insurer unless it
						contains coverage providing for payments to the insured, as defined in such
						coverage, by the New York Motor Vehicle Accident Indemnification Corporation,
						pursuant to the provisions of Insurance Law article 52 applicable to such
						payments.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 60 - Minimum Provisions For Automobile Liability Insurance Policies And Supplementary Uninsured Motorists Insurance › Subpart 60-3 - TRANSPORTATION NETWORK COMPANIES: MINIMUM PROVISIONS FOR POLICIES AND OTHER REQUIREMENTS › Section 60-3.7 - Group policy requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 The insurer shall be responsible for mailing or delivery of a certificate of
					 insurance to each group member in accordance with Insurance Law section
					 3455(h).
(b) Until July 1, 2019, a group policy shall
					 provide that the group policy is primary over a policy issued in satisfaction
					 of Vehicle and Traffic Law article 6 and in accordance with section 60-
					 3.3(h)(2) of this Subpart; provided, however, that if there is a policy issued
					 in satisfaction of Vehicle and Traffic Law article 6 or endorsement thereto
					 that satisfies the financial responsibility requirements of Vehicle and Traffic
					 Law article 44-B, then the group policy may be stated to apply in excess of or
					 contingent upon the absence of other insurance as provided in section
					 60-3.3(h)(2) 
					 of this Subpart
(c) Pursuant to
					 Vehicle and Traffic Law section
					 1693(5), if insurance
					 maintained by a driver pursuant to Vehicle and Traffic Law section
					 1693(2) and (3) has lapsed
					 or does not provide the required coverage, then the group policy maintained by
					 a TNC shall provide the coverage required by Vehicle and Traffic Law section
					 1693 beginning with the first dollar of a
					 claim and the insurer shall have the duty to defend such claim.
(d) No group policy or certificate shall
					 contain any deductible or self-insured retention with respect to liability,
					 no-fault or supplementary uninsured/underinsured motorist coverage.
(e) No group policy or certificate shall be
					 subject to a group or sub-group aggregate liability limit of any kind at any
					 time, and any liability limit applicable to a group member shall:
(1) be separate and apart from any liability
					 limit to which any other group member insured under the group policy may be
					 subject; and
(2) operate unaffected
					 by the experience of any other group member or the overall experience of the
					 group itself.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 60 - Minimum Provisions For Automobile Liability Insurance Policies And Supplementary Uninsured Motorists Insurance › Subpart 60-3 - TRANSPORTATION NETWORK COMPANIES: MINIMUM PROVISIONS FOR POLICIES AND OTHER REQUIREMENTS › Section 60-3.8 - Excess line policies

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) In accordance with Vehicle and Traffic
					 Law section
					 1693(7)(b), a TNC group
					 policy may be procured by a licensed excess line broker pursuant to Insurance
					 Law section
					 2118 and regulations thereunder if the
					 insurance is unavailable from authorized insurers. The excess line broker shall
					 obtain declinations from three authorized insurers as provided in section
					 27.3 
					 of Part 27 of this Title (Insurance Regulation 41). The excess line broker may
					 not utilize the procedure specified in section
					 27.3(g)
					 or (h)  of this Part.
(2) The declinations obtained pursuant to
					 section
					 27.3 
					 of Part 27 of this Title shall be valid for one year and apply to all of the
					 drivers insured under the group policy with respect to coverages provided
					 without option by the group policyholder. The affidavit by a broker or an
					 excess line broker, evidencing the requisite number of declinations, shall be
					 executed and filed by the licensee on behalf of the group policyholder. The
					 excess line broker shall not renew the group policy with the unauthorized
					 insurer unless the excess line broker obtains three declinations in accordance
					 with the provisions of section
					 27.3 
					 of Part 27 of this Title.
(3) The
					 excess line broker shall provide a written affirmation to the TNC of the
					 unavailability of coverage from an authorized insurer annually.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 60 - Minimum Provisions For Automobile Liability Insurance Policies And Supplementary Uninsured Motorists Insurance › Subpart 60-3 - TRANSPORTATION NETWORK COMPANIES: MINIMUM PROVISIONS FOR POLICIES AND OTHER REQUIREMENTS › Section 60-3.9 - Notice by motor vehicle insurers

Current through Register Vol. 46, No. 28, July 10, 2024
Every insurer writing motor vehicle liability insurance
						in satisfaction of the financial requirements of Vehicle and Traffic Law
						article 6 or motor vehicle physical damage insurance shall provide an annual
						written notice to the named insured under such a policy advising the named
						insured whether, or to what extent, it provides coverage under the policy while
						the vehicle is being used as a TNC vehicle pursuant to Vehicle and Traffic Law
						article 44-B. The notice shall also state whether the insurer makes such
						coverage available on an optional basis.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 60 - Minimum Provisions For Automobile Liability Insurance Policies And Supplementary Uninsured Motorists Insurance › Subpart 60-4 - Peer-to-Peer Car Sharing Programs: Minimum Provisions for Group Policies and Other Requirements › Section 60-4.0 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Subpart is to establish the minimum
						policy provisions and other requirements with respect to any group policy
						issued in satisfaction of the financial responsibility requirements of General
						Business Law article 40 and Insurance Law section 3458.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 60 - Minimum Provisions For Automobile Liability Insurance Policies And Supplementary Uninsured Motorists Insurance › Subpart 60-4 - Peer-to-Peer Car Sharing Programs: Minimum Provisions for Group Policies and Other Requirements › Section 60-4.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Unless otherwise stated or required in context:
(a) In this Part:
(1)
Group policy
means an
					 insurance policy issued pursuant to Insurance Law section 3458.
(2)
Named insured
means,
					 with respect to a group policy, a peer-to-peer car sharing program
					 administrator or, with respect to a certificate under the group policy, the
					 shared vehicle driver or shared vehicle owner to whom a certificate of
					 insurance is issued under the group policy.
(3)
Owner's policy of liability
					 insurance
means the insurance policy required pursuant to Vehicle and
					 Traffic Law section 311.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 60 - Minimum Provisions For Automobile Liability Insurance Policies And Supplementary Uninsured Motorists Insurance › Subpart 60-4 - Peer-to-Peer Car Sharing Programs: Minimum Provisions for Group Policies and Other Requirements › Section 60-4.2 - General provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) In addition to the mandatory liability
					 provisions specified in this Subpart, every group policy shall provide
					 coverage, as required by General Business Law article 40, in accordance with
					 the provisions of Insurance Law section 3420, Insurance Law article 51, Subpart
					 60-2 of this Part (Insurance Regulation 35-D), and Part 65 of this Part
					 (Insurance Regulation 68) and such other requirements as may be
					 applicable.
(2) A group policy
					 shall provide all the coverages as specified in paragraph (1) of this
					 subdivision during the peer-to-peer car sharing period.
(3) A group policy may also provide other
					 coverages, provided that a group policy may only provide the coverages
					 specified in Insurance Law section 3458(c)(2) and shall provide coverage as
					 provided in paragraph (2) of this subdivision.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 60 - Minimum Provisions For Automobile Liability Insurance Policies And Supplementary Uninsured Motorists Insurance › Subpart 60-4 - Peer-to-Peer Car Sharing Programs: Minimum Provisions for Group Policies and Other Requirements › Section 60-4.4 - Exclusions

Current through Register Vol. 46, No. 28, July 10, 2024
A group policy may contain in substance the following
						exclusions:
(a) While the shared
					 vehicle is used as a public or livery conveyance or transportation network
					 company vehicle, unless the peer-to-peer car sharing program permits a shared
					 vehicle driver to use the shared vehicle as a public or livery conveyance or
					 transportation network company vehicle during the peer-to-peer car sharing
					 period;
(b) Liability assumed by
					 the insured under any contract or agreement;
(c) Bodily injury to or sickness, disease or
					 death of any employee of the insured arising out of and in the course of:
(1) domestic employment by the insured, if
					 benefits therefor are in whole or in part either payable or required to be
					 provided under any workers' compensation law; or
(2) other employment by the
					 insured;
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 60 - Minimum Provisions For Automobile Liability Insurance Policies And Supplementary Uninsured Motorists Insurance › Subpart 60-4 - Peer-to-Peer Car Sharing Programs: Minimum Provisions for Group Policies and Other Requirements › Section 60-4.5 - Discretionary provisions

Current through Register Vol. 46, No. 28, July 10, 2024
A group policy may also contain in substance the
						following provisions:
(a) that written
					 notice of accident, claim or suit is required;
(b) that the insurer is subrogated to any
					 rights of recovery of the insured;
(c) that the terms of the policy may not be
					 waived or changed except as stated in the policy;
(d) that the insurer's consent is necessary
					 to any assignment of interest under the policy;
(e) that the insured will cooperate with the
					 insurer;
(f) that no action shall
					 lie against the insurer unless the insured shall have complied with all the
					 terms of the policy, nor until the amount of the insured's obligation to pay
					 shall have been finally determined either by judgment against the insured after
					 actual trial or by written agreement of the insured, the claimant and the
					 insurer;
(g) that the insurer
					 issues the policy upon the reliance of the insured's declarations and that the
					 policy contains all agreements between the insured and the insurer and any of
					 its agents relating to the insurance;
(h) a provision relating to the insurer's own
					 method of doing business; and
(i)
					 that notice to the insurer of delivery of a newly acquired additional motor
					 vehicle or an election to insure it under a specific policy is
					 required.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 60 - Minimum Provisions For Automobile Liability Insurance Policies And Supplementary Uninsured Motorists Insurance › Subpart 60-4 - Peer-to-Peer Car Sharing Programs: Minimum Provisions for Group Policies and Other Requirements › Section 60-4.6 - Payments to insured

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of complying with the provisions of
						Insurance Law section 3420(f)(1), no group policy subject to this Part shall be
						issued by any insurer unless it contains coverage providing for payments to the
						insured, as defined in such coverage, by the New York Motor Vehicle Accident
						Indemnification Corporation, pursuant to the provisions of Insurance Law
						article 52 applicable to such payments.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 60 - Minimum Provisions For Automobile Liability Insurance Policies And Supplementary Uninsured Motorists Insurance › Subpart 60-4 - Peer-to-Peer Car Sharing Programs: Minimum Provisions for Group Policies and Other Requirements › Section 60-4.7 - Additional Requirement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 insurer shall be responsible for mailing or delivery of a certificate of
					 insurance to each group member in accordance with Insurance Law section
					 3458(h).
(b) Pursuant to General
					 Business Law section 902(2), a group policy shall provide that the group policy
					 is primary over a policy issued in satisfaction of Vehicle and Traffic Law
					 article 6 and in accordance with section
					 60-4.3(h)  of this
					 Subpart.
(c) Pursuant to General
					 Business Law section 902(1), if insurance maintained by a peer-to-peer car
					 sharing program administrator pursuant to General Business Law section 901(2)
					 has lapsed, then the peer-to-peer car sharing program administrator shall
					 retain liability during such lapse. If the group policy lapses, then the
					 peer-to-peer car sharing program administrator shall be subject to Subparts
					 65-3 and 65-4 of this Title.
(d) No
					 group policy or certificate shall contain any deductible or self-insured
					 retention with respect to liability, no-fault or supplementary
					 uninsured/underinsured motorist coverage, provided, however, a group policy may
					 set forth a liability insurance deductible for which the insurer is responsible
					 to pay for damages to third-party claimants and the peer-to-peer car sharing
					 program administrator is solely responsible for reimbursing the insurer up to
					 the amount of the liability insurance deductible. A group member shall not be
					 held responsible for reimbursing the insurer or the peer-to-peer car sharing
					 program administrator for the amount of the deductible.
(e) No group policy or certificate shall be
					 subject to a group or sub-group aggregate liability limit of any kind at any
					 time, and any liability limit applicable to a group member shall:
(1) be separate and apart from any liability
					 limit to which any other group member insured under the group policy may be
					 subject; and
(2) operate unaffected
					 by the experience of any other group member or the overall experience of the
					 group itself.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 60 - Minimum Provisions For Automobile Liability Insurance Policies And Supplementary Uninsured Motorists Insurance › Subpart 60-4 - Peer-to-Peer Car Sharing Programs: Minimum Provisions for Group Policies and Other Requirements › Section 60-4.8 - Excess line policies

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) In accordance with General Business Law
					 section 901(6)(b), a group policy may be procured by a licensed excess line
					 broker pursuant to Insurance Law section 2118 and regulations promulgated
					 thereunder if the insurance is unavailable from authorized insurers. The excess
					 line broker shall obtain declinations from three authorized insurers as
					 provided in section
					 27.3  of this Title (Insurance
					 Regulation 41). The excess line broker may not utilize the procedure specified
					 in section
					 27.3(g) or (h)  of
					 this Title.
(2) The declinations
					 obtained pursuant to section
					 27.3  of this Title shall be valid
					 for one year and apply to all the shared vehicle drivers and shared vehicle
					 owners insured under the group policy with respect to coverages provided
					 without option by the group policyholder. The affidavit by a broker or an
					 excess line broker, evidencing the requisite number of declinations, shall be
					 executed and filed by the licensee on behalf of the group policyholder. The
					 excess line broker shall not renew the group policy with the unauthorized
					 insurer unless the excess line broker obtains three declinations in accordance
					 with the provisions of section
					 27.3  of this Title.
(3) The excess line broker shall provide a
					 written affirmation to the peer-to-peer car sharing program administrator of
					 the unavailability of coverage from an authorized insurer annually.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 62 - FIRE INSURANCE › Subpart 62-1 - Renewal Certificates For Fire Insurance › Section 62-1.1 - Contents

Current through Register Vol. 46, No. 28, July 10, 2024
Fire insurance companies licensed to do business in this
						State may issue renewal certificates renewing expiring fire insurance policies
						and supplemental contracts covering added perils or subjects of insurance. The
						form of such certificate shall conform with the following prescribed
						provisions:
(a) It shall contain the
					 name and address of the company or companies issuing the same; the number of
					 the policy it renews; and a brief notice to the policyholder that it is a
					 valuable document. The certificate shall not be less than 81/2 inches by 7
					 inches in size and should have the general appearance of a fire insurance
					 policy.
(b) It shall recite the
					 consideration and shall contain a statement that it is issued subject to all of
					 the agreements, stipulations, provisions, conditions, limitations and
					 endorsements attached to the policy it renews except as otherwise stated in the
					 certificate. It shall be further subject to any additional endorsements
					 applying during the renewal period.
(c) It shall provide spaces for the named
					 assured; the location of the property insured; the term of renewal; a
					 description of the premises with respect to construction and occupancy; the
					 amounts, rates and premium chargeable as of the effective date of such renewal
					 for the respective items covered such as building, contents, etc.; the
					 percentage of total insurance to value, if any, required by the contract; the
					 name of the payee or payees, if any, as interest may appear.
(d) It shall contain the following
					 provisions:
(1) "This renewal certificate
					 shall have the same status as though a new policy had been written with similar
					 provisions, stipulations and agreements."
(2) "If during the period that insurance is
					 in force under said policy or as renewed by this certificate, the policy, any
					 authorized endorsements or filed rules and regulations affecting the same, are
					 revised by statute or otherwise, so as to extend or broaden this insurance
					 without additional premium charge, such extended or broadened insurance shall
					 inure to the benefit of the assured hereunder."
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 62 - FIRE INSURANCE › Subpart 62-1 - Renewal Certificates For Fire Insurance › Section 62-1.2 - Additional features

Current through Register Vol. 46, No. 28, July 10, 2024
All renewal certificates issued in the State of New York
						shall conform with the foregoing provisions and may contain such additional
						features as may be approved upon filing with the Superintendent of
						Insurance.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 62 - FIRE INSURANCE › Subpart 62-2 - REPORTS TO CENTRAL ORGANIZATION › Section 62-2.0 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Subpart is to implement the
						provisions of section 318  of the Insurance Law, which requires
						insurers to report fire losses to a central organization engaged in property
						loss registration in order to prevent payment of fraudulent claims arising
						under insurance policies providing coverage against the peril of fire.
						Requirements shall include: reporting of data on fire losses in excess of
						$1,000 to a central organization engaged in property loss registration, as
						designated by the superintendent; verification procedures to be applied by
						insurers prior to the payment of fire losses; notification by insurers to law
						enforcement agencies when the insurer is of the opinion that the fire was
						caused by other than accidental means; and cooperation with tax districts and
						agencies responsible for demolition of structures and seeking to claim proceeds
						of fire insurance coverage to satisfy tax liens and demolition
						charges.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 62 - FIRE INSURANCE › Subpart 62-2 - REPORTS TO CENTRAL ORGANIZATION › Section 62-2.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This section shall apply to all claims made on and after
						January 1, 1982 arising under policies providing coverage against the peril of
						fire on real and personal property located in this State.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 62 - FIRE INSURANCE › Subpart 62-2 - REPORTS TO CENTRAL ORGANIZATION › Section 62-2.2 - Central organization

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
					 order to comply with this Subpart, every insurer licensed to write fire
					 insurance in this State is hereby required to become a subscriber to the
					 central organization designated by the superintendent and shall be bound by all
					 of the terms and conditions of subscribership thereto.
(b) Reporting and follow-up requirements.
Insurers shall report all fire losses in excess of $1,000
						involving applicable property, except losses to vehicles registered for use on
						public highways, to the central organization within five business days
						following receipt of notice of loss. If the insurer has not received a response
						from the central organization within 15 calendar days following its submission
						of the fire loss report, the insurer shall continue to complete the adjustment
						of the loss.
(c)
					 Verification procedures required prior to paying a fire claim.
An insurer shall comply with the central organization
						reporting procedures prior to paying a fire claim, subject to the rules
						provided for in this Subpart.
(1) The
					 insurer shall not complete adjustment of the loss until expiration of 15
					 calendar days from the date of the submission of the fire loss report to the
					 central organization.
(2) If the
					 central organization's response indicates insurance coverage by more than one
					 insurer or of a previous fire loss, the insurers shall promptly investigate and
					 resolve such circumstance or confirm information related to prior
					 losses.
(3) Subject to the
					 provisions of section
					 62-1.2  of
					 this Part, if the central organization report or other information indicates to
					 the insurer that the fire claim may be fraudulent, the insurer shall suspend
					 processing of the claim pursuant to the provisions of Insurance Law section
					 2601.