New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter IV - Division of Gaming › Subchapter A - Video Lottery Gaming › Part 5103 - Video Lottery Gaming Agents › Section 5103.8 - Gaming facility insurance requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prior to the commencement of video gaming
					 operations, the video gaming agent shall file with the commission certificates
					 of insurance evidencing compliance with all requirements contained in these
					 regulations. Such certificates shall be of form and substance acceptable to the
					 commission.
(b) Acceptance and/or
					 approval by the commission does not and shall not be construed to relieve the
					 video gaming agent of any obligations, responsibilities or liabilities under
					 these regulations.
(c) All
					 insurance required by these regulations shall be obtained at the sole cost and
					 expense of the video gaming agent with insurance carriers acceptable to the
					 commission; shall be primary and non-contributing to any insurance or
					 self-insurance maintained by the commission; shall be endorsed to provide
					 written notice be given to the commission at least 30 days prior to the
					 cancellation, non-renewal, or material alteration of such policies, and shall
					 name. The people of the State of New York, its officers, agents, and employees
					 as additional insured. The additional insured requirement does not apply to
					 workers' compensation or disability coverage.
(d) The video gaming agent shall be solely
					 responsible for the payment of all deductibles and self-insured retentions to
					 which such policies are subject. Deductibles and self-insured retentions must
					 be approved by the commission. Such approval shall not be unreasonably
					 withheld.
(e) Each insurance
					 carrier must be rated at least "A-" Class "VII" in the most recently published
					 Best's Insurance Report. If, during the term of the policy, a carrier's rating
					 falls below "A-" Class "VII", the insurance must be replaced no later than the
					 renewal date of the policy with an insurer acceptable to the commission and
					 rated at least "A-" Class "VII" in the most recently published Best's Insurance
					 Report.
(f) The video gaming agent
					 shall cause all insurance to be in full force and effect as of the commencement
					 date of video gaming operations and to remain in full force and effect
					 throughout the license term. The video gaming agent shall not take any action,
					 or omit to take any action that would suspend or invalidate any of the required
					 coverages during the period of time such coverages are required to be in
					 effect.
(g) Not less than 30 days
					 prior to the expiration date or renewal date, the video gaming agent shall
					 supply the commission updated replacement certificates of insurance, and
					 amendatory endorsements.
(h)
					 Limits. The video gaming agent shall obtain and maintain in full force and
					 effect, the following insurance with limits not less than those described
					 below, or as required by law, whichever is greater (limits may be provided
					 through a combination of primary and umbrella/excess policies):
(1) Commercial general liability insurance
					 with a limit of not less than $5,000,000 each occurrence. Such insurance shall
					 cover liability arising from premises operations, independent contractors,
					 broad form property damage, personal and advertising injury, cross liability
					 coverage, liability assumed in a contract (including the tort liability of
					 another assumed in a contract) and explosion, collapse and underground
					 coverage. If such insurance contains an aggregate limit, it shall apply
					 separately on a per location basis.
(2) Workers' compensation, employers
					 liability, and disability benefits as required by New York State.
(3) Commercial business automobile liability
					 insurance with a limit of not less than $1,000,000 each accident. Such
					 insurance shall cover liability arising out of any automobile accident
					 including owned and leased automobiles.