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 62 - FIRE INSURANCE › Subpart 62-2 - REPORTS TO CENTRAL ORGANIZATION › Section 62-2.3 - Reporting requirement and cooperation with law enforcement agencies

Current through Register Vol. 46, No. 28, July 10, 2024
Each insurer authorized to issue policies covering real
						or personal property located in this State against the peril of fire shall,
						upon the request of any law enforcement agency, investigative insurance
						organization engaged in loss prevention, tax district acting pursuant to the
						provisions of section 22  of the General Municipal Law, or
						governmental agency responsible for demolition of structures, release
						information in its possession resulting from an investigation conducted by it
						pertaining to such fire claim, including information as such agency,
						organization or district deems related to its own investigation. Should an
						insurer be of the opinion that the fire was caused by other than accidental
						means, the insurer shall so notify the appropriate law enforcement agency or
						insurance organization engaged in loss prevention and the Criminal
						Investigations Unit of the Department of Financial Services of that
						opinion.
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 62-2.4 - Requests for insurance loss information

Current through Register Vol. 46, No. 28, July 10, 2024
In accordance with the provisions of Insurance Law
						section 318, information reported to the central organization pursuant to this
						Subpart shall be made available to law enforcement agencies, tax districts that
						have, pursuant to the provisions of section 22  of the General Municipal Law, filed with
						the superintendent a notice of intention to claim against the proceeds of a
						policy of fire insurance, and governmental agencies charged with the
						responsibility of demolition of structures.
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 62-3 - Standard Fire Claim Form › Section 62-3.0 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Subpart is to implement the
						provisions of section 3413  of the Insurance Law which require the
						superintendent to establish a standard claim form to be used for fire loss
						claims under policies of insurance issued or issued for delivery in this State
						covering such losses for 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 62-3 - Standard Fire Claim Form › Section 62-3.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart shall apply to all fire loss claims made on
						and after April 1, 1982 on policies insuring against the peril of fire on real
						and personal property in this State, except fire losses to motor vehicles
						registered for use on public highways.
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 62-3 - Standard Fire Claim Form › Section 62-3.2 - Standard claim form; filing requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Standard claim form. Claim form NYFC-1
					 (Part 1 and Part 2), in this section, shall be the Standard Fire Claim Form to
					 be used as of the effective date of this Subpart, but insurers may continue to
					 use existing stocks of other claim forms for 180 days following the effective
					 date of this Subpart. Thereafter, no insurer may require or permit any claimant
					 to complete a form differing from the Standard Fire Claim Form prescribed
					 herein, other than additional requests for information pursuant to subdivision
					 (d) of this section.
(b) Filing
					 requirements. All insurers are required to maintain in their files, before a
					 claim may be paid, the information contained in Part 1 of form NYFC-1 for every
					 fire claim made on a policy. In addition, for all claims which in the estimate
					 of the insurer shall exceed $10,000, Part 2 of form NYFC-1 must also be
					 completed and maintained in the insurer's files. The insurer may require the
					 completion of Part 2 of form NYFC-1 for claims of less than $10,000 if it has
					 good and sufficient reason for doing so; provided, however, that such practice
					 does not constitute an unfair claim settlement practice.
(c) Policy provisions. Nothing contained
					 herein shall be deemed to waive any requirements and obligations set forth in
					 the insurance policy, e.g., the filing of a proof of loss and submission to a
					 statement under oath.
(d)
					 Additional information. Nothing contained herein shall preclude an insurer from
					 obtaining additional information from the claimant or any other
					 source.
(e) Standard fire claim
					 form (Part 1).
Image
(f) Standard fire claim form (Part 2).
Image
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 62-4 - Anti-arson Application › Section 62-4.0 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Subpart is to implement the
						provisions of section 3403  of the Insurance Law which require the
						Superintendent of Insurance to promulgate a two-tier anti-arson application
						that includes certain questions which shall be answered by the applicant for
						new or renewal insurance policies or binders covering the peril of fire or
						explosion, in addition to any further information that the insurer may
						require.
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 62-4 - Anti-arson Application › Section 62-4.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Subpart
					 shall apply to all new and renewal insurance policies and binders, issued on or
					 after July 1, 1982, covering the peril of fire or explosion, insuring property
					 in this State as provided in paragraph (a)(3) of section 3403  of the Insurance Law, except
					 owner-occupied buildings used predominantly for residential purposes which
					 consist of not more than four dwelling units.
(b) An assignment of an existing policy or
					 insurance contract, because of a transfer of a major financial interest in the
					 insured real property, shall require completion of the anti-arson application,
					 if otherwise required by this section. A transfer of a financial interest
					 totaling 25 percent or more shall constitute a transfer of a major financial
					 interest.
(c) This Subpart applies
					 to cities with a population of one million or more persons according to the
					 1970 census. However, the governing board of any local municipal corporation,
					 as defined in article 1 of the General Municipal Law, may petition the
					 Superintendent of Financial Services to mandate the use of the antiarson
					 application within specific designations in its jurisdiction for any policies
					 issued 30 days after the superintendent's date of approval. Such petitions
					 should be addressed to the:
Superintendent of Financial Services
New York State Department of Financial Services
Property Bureau
One State Street
New York, NY 10004
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 62-4 - Anti-arson Application › Section 62-4.2 - Anti-arson application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) New
					 business.
(1) Every insurer, broker or agent
					 shall furnish to all applicants for insurance subject to this Subpart an
					 anti-arson application, containing at least the information requested in
					 subdivisions (c) and (d) of this section, prior to or at the time the risk is
					 submitted or bound.
(2) Unless the
					 insured returns the completed, signed and affirmed anti-arson application to
					 the insurer, broker or agent within 45 days of the effective date of coverage,
					 the insurer shall cancel such coverage by giving written notice to the insured
					 and to the designated mortgagee not named as the insured in the policy or
					 binder in accordance with subsection (b) of section 3426  of the Insurance Law. If the policy
					 covers nonowner-occupied buildings used predominantly for residential purposes
					 which consist of not more than four dwelling units, such notice shall comply
					 with the provisions of subsection (b) of section 3425  of the Insurance Law.
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 62-4 - Anti-arson Application › Section 62-4.3 - Request for suspension or waiver of anti-arson application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An insurer may
					 apply to the superintendent, pursuant to section 3403 (h)  of the Insurance
					 Law, for a suspension or waiver of use of the anti-arson application upon
					 policy renewal required by section 3403 (f)  of the Insurance
					 Law, if the insurer demonstrates that information substantially equivalent to
					 the information contained in the anti-arson application can be obtained through
					 other means.
(b) Any request for
					 suspension or waiver shall list the specific sources used to elicit information
					 contained in the anti-arson application. These sources may include, but are not
					 limited to:
(1) the insurer's renewal
					 questionnaire;
(2) information
					 obtained from high-technology data banks used by credit reporting agencies,
					 rating agencies, or other similar entities; and
(3) physical inspection by the insurer of the
					 insured property.
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 62-5 - Supplemental Fire Claim Form › Section 62-5.0 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The purpose of
					 this Subpart is to implement the provisions of section 3415  of the Insurance Law which require the
					 superintendent to establish a supplemental claim form for certain fire loss
					 claims in excess of ten thousand dollars ($10,000) in cities with a population
					 of one million or more persons.
(b)
					 The purpose of this amendment is to replace the Supplemental Fire Claim Form
					 (NYFC-1) Part 3 with a revised form, to simplify the processing of the required
					 information submitted by the insurance industry to the Bureau of Fire
					 Investigation. The information added to the form is expected to enhance the
					 investigatory research capabilities contemplated by section 3415  of the Insurance Law.
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 62-5 - Supplemental Fire Claim Form › Section 62-5.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This section shall apply to all fire loss claims in
						excess of $10,000 payable under a policy insuring against the peril of fire or
						explosion, issued or issued for delivery in this State covering:
(a) real property located within the
					 boundaries of any city with a population of one million or more
					 persons;
(b) property permanently
					 affixed to such real property; or
(c) personal property, other than motor
					 vehicles, located on or within such real property.
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 62-5 - Supplemental Fire Claim Form › Section 62-5.2 - Designated fire investigation agency

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Pursuant to section 3415 (b)  of the Insurance
					 Law, each city with a population of one million or more persons shall designate
					 a local fire investigation agency (the agency).
(b) The agency designated by the Mayor of the
					 City of New York is the Bureau of Fire Investigation of the New York City Fire
					 Department. All required information should be sent to that agency, located at:
9 Metrotech, 8th Floor
Brooklyn, NY 11201
Attention: Deputy Chief Fire Marshal
Insurance Reporting Section
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 62-5 - Supplemental Fire Claim Form › Section 62-5.3 - Filing requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
					 addition to the filing requirements set forth in Subpart 62-3 of this Part, all
					 insurers are required within seven days after receipt of a fire loss claim
					 (Form NYFC-1, Part 1), to contact the central registry maintained by the
					 designated agency for information concerning whether the fire or explosion
					 which is the subject of the claim has been determined to be of an incendiary
					 nature. If, within such seven-day period, the insurer is notified by the agency
					 that the fire or explosion has been determined to be incendiary, unless the
					 insurer is reasonably satisfied that neither the insured, nor any of its
					 agents, officers, directors, or persons in control of or controlled by the
					 insured, intentionally started the fire or caused the explosion or acted in
					 concert with another individual to start the fire or cause the explosion, the
					 insurer shall require the insured to submit Supplemental Claim Form NYFC-1
					 (Part 3). In such a case, the insurer shall send the claim form to the insured
					 within seven days of being notified by the agency, and shall withhold payment
					 of the claim until the completed supplemental claim form has been
					 received.
(b) Within 20 days after
					 receiving a completed supplemental claim form from an insured, the insurer
					 shall file a copy with the designated fire investigation agency.
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 62-5 - Supplemental Fire Claim Form › Section 62-5.4 - Additional information

Current through Register Vol. 46, No. 28, July 10, 2024
Nothing contained herein shall preclude an insurer from
						obtaining additional information from the claimant or any other
						source.
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 62-5 - Supplemental Fire Claim Form › Section 62-5.5 - Policy provisions

Current through Register Vol. 46, No. 28, July 10, 2024
Nothing contained herein shall be deemed to waive any
						requirements and obligations set forth in the insurance policy, e.g., the
						filing of a proof of loss and submission to a statement under
						oath.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 63 - Reserve Requirements For Financial Guaranty Insurance In-force Prior To The Effective Date Of Article 69 Of The Insurance Law › Section 63.0 - Preamble

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Pursuant to the
				  authority granted by what is now sections 201 and
				  301  of the Insurance Law, Part 63 was
				  previously promulgated on February 15, 1980, and provided for standards for
				  financial guaranty insurance of municipal bonds. These standards included the
				  reserve requirements for such guaranties. Part 63 was subsequently amended, as
				  an emergency rule, on April 22, 1986. The emergency rule was made permanent on
				  June 19, 1986.
(b) Effective May
				  14, 1989, a new article 69 was added to the Insurance Law defining and
				  authorizing the sale of certain types of financial guaranty insurance. Article
				  69 superseded Part 63 for all new financial guaranties. However, sections
				  6903(a)(2) and 6907(b) provide that certain reserve requirements that were
				  applicable for municipal bond guaranties prior to the effective date of article
				  69 will continue to apply to all financial guaranties in force prior to the
				  dates set forth in the respective sections. The specific reserve requirements
				  that have to be met are different depending upon whether or not the insurer is
				  currently organized and licensed as a financial guaranty insurance corporation
				  pursuant to article 69.
(c) This
				  Part sets forth the reserve requirements for financial guaranty insurance in
				  force prior to the effective date of article 69 of the Insurance Law.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 63 - Reserve Requirements For Financial Guaranty Insurance In-force Prior To The Effective Date Of Article 69 Of The Insurance Law › Section 63.1 - Reserve requirements for financial guaranties in force prior to may 14, 1989 for insurers not authorized to write financial guaranty insurance pursuant to section 6902 of the insurance law

Current through Register Vol. 46, No. 28, July 10, 2024
An authorized insurer that wrote financial guaranty insurance prior to May 14, 1989, but which is not authorized to write financial guaranty insurance in this State pursuant to section 6902  of the Insurance Law, shall, for all guaranties in force prior to May 14, 1989, establish reserves as follows:
(a) Contingency reserve.
(1) A contingency reserve shall be established and consist of allocations of sums representing 50 percent of the earned premiums on policies insuring financial guaranties.
(2) Allocations to such reserve made during each calendar year shall be maintained for a period of at least 240 months, except that withdrawals may be made by the insurer in any year in which the actual paid losses on the said type of policy exceed 35 percent of the earned premiums thereon, but no such releases shall be made without the prior written approval of the superintendent. A part of the reserve may be released proportional to the reduction in aggregate net lability resulting from reinsurance, provided that the assuming insurer shall, on the effective date of the reinsurance, establish a reserve in an amount equal to the amount released. The insurer may apply to the superintendent for a release of a reasonable percentage of the reserve upon demonstration that the amount carried is excessive in relation to the insurer's obligations on such policies.
(3) An insurer may invest the contingency reserve in tax and loss bonds (or similar securities) purchased pursuant to section  832(e) of the Internal Revenue Code (or any successor provision), only to the extent of the tax savings resulting from the deduction for federal income tax purposes of a sum equal to the annual contributions to the contingency reserve. The contingency reserve shall otherwise be invested only in classes of securities or types of investments specified in sections 1402 (b)(1) through (3) and 1404 (a)(1) through (3)  of the Insurance Law.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 63 - Reserve Requirements For Financial Guaranty Insurance In-force Prior To The Effective Date Of Article 69 Of The Insurance Law › Section 63.2 - Reserve requirements for financial guaranties written prior to and in force as of july 1, 1989 for financial guaranty insurance corporations authorized pursuant to section 6902 of the insurance law

Current through Register Vol. 46, No. 28, July 10, 2024
An authorized insurer that wrote financial guaranty
					 insurance prior to May 14, 1989, and which is authorized to write financial
					 guaranty insurance in this State pursuant to section 6902  of the Insurance Law, shall, for all
					 such insurance written prior to and in force as of July 1, 1989, be subject to
					 the following reserve requirements:
(a) Contingency reserve. A contingency
				  reserve shall be established in accordance with the requirements set forth in
				  section
				  63.1(a) 
				  of this Part.
(b) Loss and loss
				  adjustment expense reserve. The reserve for loss and loss adjustment expenses
				  shall be established in accordance with the requirements set forth in section 6903 (b)  of the Insurance
				  Law.
(c) Unearned premium reserve.
				  The reserve for unearned premiums shall be established in accordance with the
				  requirements set forth in section 6903 (c)  of the Insurance
				  Law.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 63 - Reserve Requirements For Financial Guaranty Insurance In-force Prior To The Effective Date Of Article 69 Of The Insurance Law › Section 63.3 to 63.4

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 64 - Liability Insurance Covering Snowmobiles And All-terrain Vehicles › Subpart 64-1 - Liability Insurance Covering Snowmobiles › Section 64-1.0 - Preamble

Current through Register Vol. 46, No. 28, July 10, 2024
Pursuant to the provisions of section
						25.13  of the Parks, Recreation and
						Historic Preservation Law, policies of insurance providing liability insurance
						coverage to owners or operators of snowmobiles operating on the roadway or
						shoulder of a public street or highway in the State of New York must be in such
						language and form as shall be determined and established by 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 64 - Liability Insurance Covering Snowmobiles And All-terrain Vehicles › Subpart 64-1 - Liability Insurance Covering Snowmobiles › Section 64-1.1 - Policies

Current through Register Vol. 46, No. 28, July 10, 2024
All policies of insurance providing liability insurance
						to owners or operators of snowmobiles operating on the roadway or shoulder of a
						public street or highway in the State of New York shall comply with minimum
						coverage requirements specified in section
						25.13  of the Parks, Recreation and
						Historic Preservation Law. The policies shall also comply with the requirements
						of Part 60 of this Title (Regulation No. 35-A) except that the limits of
						liability shall provide coverage for any one person sustaining bodily injuries
						or the death of one person in any one accident in the amount of at least
						$10,000, and, subject to said limit of one person, in the amount of at least
						$20,000 because of bodily injury to or death of two or more persons in any one
						accident, and in an amount of at least $5,000 because of injury to or
						destruction of property of others in any one accident, for damages arising out
						of negligent operation of a snowmobile.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 64 - Liability Insurance Covering Snowmobiles And All-terrain Vehicles › Subpart 64-2 - Liability Insurance Covering All-terrain Vehicles › Section 64-2.0 - Preamble

Current through Register Vol. 46, No. 28, July 10, 2024
This Part implements section 2407 of article 48-C of the
						New York Vehicle and Traffic Law with respect to the requirement that an
						all-terrain vehicle (ATV) which is operated anywhere in New York State other
						than on the owner's land shall be covered by a policy of insurance, in such
						language and form as shall be determined and established by the Superintendent
						of Insurance. Such policy shall provide for coverages required of an "owner's
						policy of liability insurance" as set forth in section 311  of the Vehicle and Traffic
						Law.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 64 - Liability Insurance Covering Snowmobiles And All-terrain Vehicles › Subpart 64-2 - Liability Insurance Covering All-terrain Vehicles › Section 64-2.1 - Requirements for minimum benefit insurance policies for ATV's

Current through Register Vol. 46, No. 28, July 10, 2024
Every ATV owner's policy of liability insurance issued or
						renewed in satisfaction of the minimum requirements of article VI of the
						Vehicle and Traffic Law and article 51 of the Insurance Law shall set forth
						provisions providing minimum benefits at least equal to those set out below and
						contained in the provisions of the Mandatory Personal Injury Protection
						Endorsement-All-Terrain Vehicles in accordance with section
						65-1.1(f) 
						of this Title (Regulation 68-A).
LIABILITY INSURANCE COVERING ALL-TERRAIN
						VEHICLES
ALL-TERRAIN VEHICLE POLICY
DEFINITIONS
Throughout this policy "you" and "your" refer to:
1. The "named insured" shown in the
					 declarations and,
2. The spouse if
					 a resident of the same household.
"We", "us" and "our" refer to the company providing this
						insurance.
"Family Member" means a person related to you by blood,
						marriage or adoption who is a resident of your household. This includes a ward
						or foster child.
" Occupying" means in, upon, or getting in, on, out or
						off.
"All-Terrain Vehicle" ("ATV") means any self-propelled
						vehicle, other than a snowmobile, which is manufactured for sale for operation
						primarily on off-highway trails or in off-highway competitions and only
						incidentally operated on public highways and does not exceed sixty inches in
						width or eight hundred pounds dry weight.
"Trailer" means an owned trailer designed to be used with
						an ATV, if not being used for business or commercial purposes.
"Your covered ATV" means:
1. Any vehicle shown in the
					 declarations.
2. Any ATV on the
					 date you become the owner
This provision applies only if you:
a. acquire the ATV during the policy period;
					 and
b. ask us to insure it within
					 30 days after you become the owner.
If the ATV you acquire replaces one shown in the
						Declarations, it will have the same coverage as the ATV replaced. You must ask
						us to insure a replacement ATV within 30 days only if you wish to add or
						continue Coverage for Damage to your ATV. If the ATV you acquire is in addition
						to any shown in the Declarations it will have the broadest coverage we now
						provide for any ATV of the same type, shown in the
						Declarations.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 64 - Liability Insurance Covering Snowmobiles And All-terrain Vehicles › Subpart 64-2 - Liability Insurance Covering All-terrain Vehicles › Section 64-2.2 - Forms filing

Current through Register Vol. 46, No. 28, July 10, 2024
All insurers issuing policies covering ATV's in
						accordance with this Subpart shall file with the superintendent the required
						forms, including (but not limited to) the aforementioned Declarations Page and
						the Uninsured Motorists Endorsement - New York.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 64 - Liability Insurance Covering Snowmobiles And All-terrain Vehicles › Subpart 64-2 - Liability Insurance Covering All-terrain Vehicles › Section 64-2.3

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 65 - Regulations Implementing The Comprehensive Motor Vehicle Insurance Reparations Act › Subpart 65-1 - Prescribed Policy Endorsements › Section 65-1.1 - Requirements for minimum benefit insurance policies for personal injuries

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
					 owner's policy of liability insurance issued in satisfaction of the minimum
					 requirements of article 6 or 8 of the Vehicle and Traffic Law and article 51 of
					 the Insurance Law and every policy issued in satisfaction of the minimum
					 requirements of article 44-B of the Vehicle and Traffic Law and article 40 of
					 the General Business Law shall contain provisions providing minimum first-party
					 benefits equal to those set out below in the mandatory personal injury
					 protection endorsement (New York), or mandatory personal injury protection
					 endorsement-motorcycles (New York), respectively.
(b) An insurer shall provide the appropriate
					 endorsement to be used with a policy. The Mandatory Personal Injury Protection
					 Endorsement (New York) and the Mandatory Personal Injury Protection Endorsement
					 - Motorcycles (New York) set out below are approved and promulgated for use by
					 an insurer. Except as provided in subdivision (c) of this section and section
					 65-1.7  of this Subpart, an insurer
					 shall provide:
(1) the Mandatory Personal
					 Injury Protection Endorsement (New York) to every insured with respect to a
					 policy issued, renewed, modified, altered or amended on or after January 26,
					 2011; or
(2) the Mandatory Personal
					 Injury Protection Endorsement - Motorcycles (New York) to every insured with
					 respect to a motorcycle policy issued or renewed.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 65 - Regulations Implementing The Comprehensive Motor Vehicle Insurance Reparations Act › Subpart 65-1 - Prescribed Policy Endorsements › Section 65-1.4 - Medical expense exclusion

Current through Register Vol. 46, No. 28, July 10, 2024
The Exclusion of Medical Expense from Mandatory Personal
						Injury Protection Endorsement (New York), set out below is approved and
						promulgated for use in accordance with the provisions of section 5103 (g)  of the Insurance
						Law. This endorsement may be used as a separate endorsement or appropriately
						added to the mandatory endorsement.
EXCLUSION OF MEDICAL EXPENSE FROM MANDATORY PERSONAL
						INJURY PROTECTION ENDORSEMENT (New York)
In consideration of a reduction in premium, it is agreed
						that:
If the Medical Expense element of Basic Economic Loss is
						identified as not applicable [in the declarations] 
						19 the Company shall not be liable
						for any items of such loss which would otherwise be covered under the Mandatory
						Personal Injury Protection Endorsement (New York) with respect to the named
						insured or named insured and any relative as specified [in the declarations] 
						19 Coverage for any such medical
						expense element of basic economic loss provided to such named insured, or such
						relative, by a Company or corporation in accordance with the provisions of
						section 5103(g) of the New York Insurance Law shall reduce the $50,000
						aggregate limit of liability for basic economic loss to such person under this
						policy. This endorsement shall be effective during the term of this policy so
						long as the medical expense coverage provided by such Company or corporation
						remains in effect, notwithstanding any provisions [in the declarations] 
						19 of this policy to the contrary,
						and in the event this endorsement shall no longer be in effect the premium may
						be adjusted accordingly.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 65 - Regulations Implementing The Comprehensive Motor Vehicle Insurance Reparations Act › Subpart 65-1 - Prescribed Policy Endorsements › Section 65-1.5 - Declarations page requirements for policies insuring a motor vehicle

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 declarations page of each policy must specify the dollar amount of basic
					 economic loss coverage under the policy and, if the insured has purchased OBEL
					 coverage, OBEL coverage shall be separately identified on the declarations page
					 of the policy.
(b) If additional
					 PIP coverage is purchased by the policyholder, the declarations page shall
					 state:
(1) the basic economic loss limits
					 (mandatory PIP coverage and, if purchased, OBEL coverage);
(2) the maximum amount payable under
					 additional PIP coverage; and
(3)
					 the aggregate amount payable as PIP benefits, including the maximum amounts
					 payable as work loss benefits, other expenses and the death benefit.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 65 - Regulations Implementing The Comprehensive Motor Vehicle Insurance Reparations Act › Subpart 65-1 - Prescribed Policy Endorsements › Section 65-1.6 - Deductibles

Current through Register Vol. 46, No. 28, July 10, 2024
Each insurance company which offers insurance policies to
						satisfy the minimum requirements of article 51 shall offer the policy
						prescribed in this Subpart with a family deductible of $200 and without any
						deductible. Each insurance company may also offer the above policy with a
						family deductible of $100. Any family deductible shall apply to the "named
						insured" and any "relative", as these terms are defined in the Mandatory
						Personal Injury Protection Endorsement set forth in this
						Subpart.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 65 - Regulations Implementing The Comprehensive Motor Vehicle Insurance Reparations Act › Subpart 65-1 - Prescribed Policy Endorsements › Section 65-1.7 - Deviations

Current through Register Vol. 46, No. 28, July 10, 2024
Deviations from these endorsements prescribed by this
						Subpart may be submitted for prior approval, but approval will not be granted
						for any reduction in first-party benefits payable to eligible injured persons,
						or any changes in form alone, or nonsubstantive or editorial deviations or
						minor deviations in first-party benefits or other provisions.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 65 - Regulations Implementing The Comprehensive Motor Vehicle Insurance Reparations Act › Subpart 65-1 - Prescribed Policy Endorsements › Section 65-1.8 - Coverage for nonresident motorists driving in this state

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The automobile liability insurance
					 policies of every authorized insurer which are sold in any other state or
					 Canadian province shall be deemed to satisfy the financial security
					 requirements of article 6 or 8 of the New York Vehicle and Traffic Law, and
					 shall be deemed to provide for the payment of first-party benefits pursuant to
					 section 5103 of the New York Insurance Law when the insured motor vehicle is
					 used or operated in this State.
(b)
					 The automobile liability insurance policies which are sold in any other state
					 or Canadian province by an unauthorized insurer which is controlled by, or
					 controlling, or under common control of, an authorized insurer shall be deemed
					 to satisfy the financial security requirements of article 6 or 8 of the New
					 York Vehicle and Traffic Law, and shall be deemed to provide for the payment of
					 first-party benefits pursuant to section 5103 of the New York Insurance Law
					 when the insured motor vehicle is used or operated in this State.
(c) Any other unauthorized insurer may file
					 with the Superintendent of Insurance a statement that its automobile insurance
					 policies sold in any other state or Canadian province will be deemed to satisfy
					 the financial security requirements of article 6 or 8 of the New York Vehicle
					 and Traffic Law, and will be deemed to provide for the payment of first-party
					 benefits pursuant to section 5103 of the New York Insurance Law when the
					 insured motor vehicle is used or operated 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 65 - Regulations Implementing The Comprehensive Motor Vehicle Insurance Reparations Act › Subpart 65-2 - Rights And Liabilities Of Self-insurers › Section 65-2.1 - Rights and liabilities of self-insurers

Current through Register Vol. 46, No. 28, July 10, 2024
Definitions. For the purpose of this Part:
(a) A self-insurer is any person, firm,
					 association or corporation that:
(1)
					 maintains a form of financial security other than an owner's automobile
					 insurance policy in satisfaction of article 6 or 8 of the New York Vehicle and
					 Traffic Law; or
(2) is subject to
					 article 51 of the New York Insurance Law as provided for in section 321 of the
					 New York Vehicle and Traffic Law.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 65 - Regulations Implementing The Comprehensive Motor Vehicle Insurance Reparations Act › Subpart 65-2 - Rights And Liabilities Of Self-insurers › Section 65-2.2 - Obligations of self-insurers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
					 accordance with the provisions of article 51 of the New York Insurance Law and
					 this Part, a self-insurer shall pay first-party benefits to reimburse for basic
					 economic loss sustained by an eligible injured person on account of personal
					 injuries caused by an accident arising out of the use or operation of a motor
					 vehicle within the United States of America, its territories or possessions, or
					 Canada.
(b) First-party benefits.
					 First-party benefits, other than death benefits, are payments equal to basic
					 economic loss, reduced by the following:
(1)
					 20 percent of the eligible injured person's loss of earnings from work to the
					 extent that an eligible injured person's basic economic loss consists of such
					 loss of earnings; and
(2) amounts
					 recovered or recoverable on account of personal injury to an eligible injured
					 person under State or Federal laws providing social security disability or
					 workers' compensation benefits, or disability benefits under article 9 of the
					 New York Workers' Compensation Law.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 65 - Regulations Implementing The Comprehensive Motor Vehicle Insurance Reparations Act › Subpart 65-2 - Rights And Liabilities Of Self-insurers › Section 65-2.5 - Reimbursement and trust agreement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To the extent that the self-insurer pays
					 first-party benefits, the self-insurer is entitled to the proceeds of any
					 settlement or judgment resulting from the exercise of any right of recovery for
					 damages for personal injury under section 5104(b) of the New York Insurance
					 Law. The self- insurer shall have a lien upon any such settlement or judgment
					 to the extent that the self-insurer has paid first-party benefits. An eligible
					 injured person shall:
(1) hold in trust, for
					 the benefit of the self-insurer, all rights of recovery which he shall have for
					 personal injury under section 5104(b) of the New York Insurance Law;
(2) do whatever is proper to secure, and
					 shall do nothing to prejudice, such rights; and
(3) execute, and deliver to the self-insurer,
					 instruments and papers as may be appropriate to secure the rights and
					 obligations of such person and the self-insurer, established by this
					 Part.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 65 - Regulations Implementing The Comprehensive Motor Vehicle Insurance Reparations Act › Subpart 65-2 - Rights And Liabilities Of Self-insurers › Section 65-2.6 - Other sources of first-party benefits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where more than one source of first-party
					 benefits required by article 51 of the New York Insurance Law and article 6 or
					 8 of the New York Vehicle and Traffic Law is available and applicable to an
					 eligible injured person in any one accident, the self-insurer is liable to an
					 eligible injured person only for an amount equal to the maximum amount that the
					 eligible injured person is entitled to recover from the self-insurer, divided
					 by the number of available and applicable sources of required first-party
					 benefits.
(b) An eligible injured
					 person shall not recover duplicate benefits for the same elements of loss
					 required to be recovered by the self-insurer or any mandatory first-party
					 automobile or no- fault automobile insurance coverage issued in compliance with
					 the laws of another state. If the eligible injured person is entitled to
					 benefits under any such mandatory first-party automobile or no-fault automobile
					 insurance for the same elements of loss required to be covered by the self-
					 insurer, the self-insurer shall be liable only for an amount equal to the
					 proportion that the total amount available from the self-insurer bears to the
					 sum of the amount available from the self- insurer and the amount available
					 under such mandatory insurance for the common elements of loss. However, where
					 another state's mandatory first-party or no-fault automobile insurance law
					 provides unlimited coverage available to an eligible injured person for an
					 element of loss required to be covered by the self-insurer, the obligation of
					 the self-insurer is to share equally for that element of loss with such other
					 mandatory insurance until the $50,000, or $75,000 if provided, limit available
					 from the self-insurer is exhausted by the payment of that element of loss and
					 any other elements of loss.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 65 - Regulations Implementing The Comprehensive Motor Vehicle Insurance Reparations Act › Subpart 65-3 - Claims For Personal Injury Protection Benefits › Section 65-3.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The following are rules for the settlement of claims for
						first-party and additional first-party benefits on account of injuries arising
						out of the use or operation of a motor vehicle, a motorcycle or an all-terrain
						vehicle. These rules shall apply to insurers and self-insurers, and the term
						insurer, as used in this section, shall include both insurers and self-insurers
						as those terms are defined in this Part and article 51 of the Insurance Law,
						the Motor Vehicle Accident Indemnification Corporation (MVAIC), pursuant to
						section 5221 (b)  of the Insurance
						Law and any company or corporation providing insurance pursuant to section 5103 (g)  of the Insurance
						Law, for the items of basic economic loss specified in section 5102 (a)  of the Insurance
						Law.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 65 - Regulations Implementing The Comprehensive Motor Vehicle Insurance Reparations Act › Subpart 65-3 - Claims For Personal Injury Protection Benefits › Section 65-3.2 - Claim practice principles to be followed by all insurers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Have as your basic goal the prompt and
					 fair payment to all automobile accident victims.
(b) Assist the applicant in the processing of
					 a claim. Do not treat the applicant as an adversary.
(c) Do not demand verification of facts
					 unless there are good reasons to do so. When verification of facts is
					 necessary, it should be done as expeditiously as possible.
(d) Hasten the processing of a claim through
					 the use of a telephone whenever it is possible to do so.
(e) Clearly inform the applicant of the
					 insurer's position regarding any disputed matter.
(f) Respond promptly, when a response is
					 indicated, to all communications from insureds, applicants, attorneys and any
					 other interested persons.
(g) Every
					 insurer shall distribute copies of this regulation to every person directly
					 responsible to it for the handling and settlement of claims for first-party
					 benefits, and every insurer shall satisfy itself that all such personnel are
					 thoroughly conversant with this regulation.