New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter C - INSURANCE › Part 34 - Motor Vehicle Liability Insurance Reporting › Section 34.8 - Assignment, maintenance and withdrawal of nys insurance company code

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Background. DMV
				  shall assign a three-digit numeric ICC to an insurance company duly licensed or
				  registered by the New York State Department of Financial Services that has met all
				  of the requirements set forth herein. The assigned ICC and the name of the insurance
				  company shall appear on all NYS insurance ID cards and insurance certificates as
				  prescribed by Part 32 of this Title. Such code assignment is conditional on an
				  insurance company meeting all DMV requirements and continuing to fully comply with
				  all applicable requirements set forth under the Vehicle and Traffic Law, this Part
				  and Part 32 of this Title including DMV MVLIR specifications.
(b) Requirements for Assignment of NYS ICC. An
				  insurance company shall provide the IIES Compliance Unit in DMV's Insurance Services
				  Bureau with the following: its NAIC code assigned by the National Association of
				  Insurance Commissioners; a copy of its NYS license or registration authorizing it to
				  write primary insurance coverage in New York State issued by the New York State
				  Department of Financial Services; the name and title, address, telephone number,
				  e-mail address and fax number of the individual officially designated as the DMV
				  administrative contact person for this Part and Part 32 of this Title; the name and
				  title, address, telephone number, e-mail address and fax number of the individual
				  officially designated as the DMV technical contact person for this Part and Part 32
				  of this Title; if applicable, authorization as defined in section 34.2(v)   of this
				  Part, for a servicing agent to report notices on behalf of an insurance company or
				  insurance companies. Such authorization is not required for an insurer within an
				  insurance company group to act as a servicing agent for all or some of the companies
				  within the group. In addition, an insurance company or its servicing agent shall:
				  pass DMV trading partner certification to demonstrate its ability to submit,
				  resubmit and receive EDI transactions in compliance with this Part and DMV's MVLIR
				  specifications; demonstrate its ability to submit notices to DMV for policies issued
				  directly by the insurance company or indirectly through agents or brokers within the
				  time frames prescribed by this Part; and pass DMV Part 32 certification testing, as
				  applicable, to fully demonstrate its ability to produce insurance ID cards in
				  compliance with Part 32 of this Title.
(c) Requirements for maintenance of a DMV assigned
				  NYS ICC. An insurance company shall: notify DMV in writing (mail, fax or e-mail)
				  within seven days of any changes to information required by subdivision (b) of this
				  section. Any change to insurance company name shall be accompanied by a copy of its
				  NYS license to write primary insurance coverage in New York State issued by the New
				  York State Insurance Department that reflects the name change; fully comply with and
				  continue to fully comply with all applicable requirements under articles 6 and 8 of
				  the Vehicle and Traffic Law, this Part and Part 32 of this Title including DMV MVLIR
				  specifications; and fully comply with and continue to fully comply with any and all
				  changes required by articles 6 and 8 of the Vehicle and Traffic Law, this Part and
				  Part 32 of this Title, including DMV MVLIR specifications, within the time frames
				  provided for such changes.
(d)
				  Acquisition and consolidation. Insurance companies involved in acquisition and
				  consolidation actions shall continue to submit notices to DMV as required by this
				  Part in the manner and within the time frames prescribed by this Part. No provision
				  shall be made by DMV to waive, suspend or modify any requirements prescribed
				  herein.
(e) Liquidation. An insurance
				  company that is being liquidated under the direction of the New York State Insurance
				  Department (NYSID) shall submit notices to DMV as required by this Part in the
				  manner and within the time frames prescribed by this Part. Compliance with this Part
				  requires the reporting of notices by the insurance company being liquidated, a
				  designated servicing agent or NYSID acting as a servicing agent. No provision shall
				  be made to waive, suspend or modify any requirements prescribed herein.
(f) Notices required for acquisition,
				  consolidation and liquidation. All involved parties shall provide specific relevant
				  information required by the department to DMV in a timely manner. Timely manner is
				  defined as within such time frame that will not result in negative impacts in the
				  form of DMV administrative sanctions against policyholder registrants. The
				  department shall determine on a case-by-case basis whether both electronic XLC and
				  NBS notices or only electronic NBS notices are required to be submitted to
				  DMV.
(g) Withdrawal of DMV assigned NYS
				  ICC. DMV shall protect NYS registrants from unwarranted registration suspensions,
				  registration revocations and driver's license suspensions, as applicable, due to an
				  insurance company's non-compliance with this Part. DMV shall withdraw a NYS ICC
				  assigned to an insurance company for non-compliance with applicable provisions of
				  articles 6 and 8 of the Vehicle and Traffic Law, this Part and Part 32 of this Title
				  including DMV MVLIR specifications for reasons including but not limited to the
				  following: failure to report notices to DMV in accordance with requirements set
				  forth in articles 6 and 8 of the Vehicle and Traffic Law and this Part, including
				  DMV MVLIR specifications; failure to successfully initially load during the June 12,
				  2000 to September 12, 2000 window; failure to successfully initially load composite
				  rated vehicles by February 28, 2001; failure to respond to DMV initiated mandatory
				  verification (MVF) transactions; failure to report and/or properly report ongoing
				  notices and/or resubmit and/or properly resubmit corrected notices in accordance
				  with requirements set forth in articles 6 and 8 of the Vehicle and Traffic Law and
				  this Part including DMV MVLIR specifications; failure to cooperate with the
				  commissioner in establishing a plan or remediation plan to comply with applicable
				  provisions of the Vehicle and Traffic Law and the requirements set forth in this
				  Part and Part 32 of this Title, including DMV MVLIR specifications; failure to
				  establish a telecommunications link with a value added network (VAN) and provide VAN
				  mailbox information to DMV; or failure to issue NYS insurance identification cards,
				  including FH insurance certificates, in full compliance with requirements set forth
				  in Part 32 of this Title.
(h) Questions
				  concerning this section should be directed to:
New York State Department of Motor Vehicles
Insurance Information and Enforcement System
Insurance Services Bureau
Attention: IIES Compliance Unit
Six Empire State Plaza
Albany, NY 12228
E-mail: iies@dmv.state.ny.us
Fax: (518) 473-4347