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 60-1.1 - Mandatory provisions

Current through Register Vol. 46, No. 28, July 10, 2024
An "owner's policy of liability insurance", as defined in
						section 311  of the Vehicle and Traffic Law, shall
						contain in substance the following minimum provisions or provisions which are
						equally or more favorable to the insured and judgment creditors, so far as such
						provisions relate to judgment creditors:
(a) Insurance against loss from the liability
					 imposed by law upon the insured for damages, including damages for care and
					 loss of services, because of bodily injury, sickness, disease or death
					 sustained by any person and because of injury to or destruction of property,
					 including the loss of use thereof, caused by accident and arising out of the
					 ownership, maintenance, use or operation of a specific motor vehicle or motor
					 vehicles within the State of New York, or elsewhere in the United States, in
					 North America or Canada, subject to limits, exclusive of interest and costs,
					 with respect to each such motor vehicle of $25,000 because of bodily injury,
					 sickness or disease of any one person who does not die as a result of any one
					 accident and $50,000 because of bodily injury, sickness or disease of any one
					 person who dies as the result of any one accident; and, subject to said limits
					 for any one person, to limits of $50,000 because of bodily injury, sickness or
					 disease of two or more persons who do not die as the result of any one accident
					 and $100,000 because of bodily injury, sickness or disease of two or more
					 persons who die as the result of any one accident; and to a total limit of
					 $10,000 because of injury to or destruction of property of one or more persons
					 or organizations as the result of any one accident; provided that a motor
					 vehicle and a trailer or trailers attached thereto shall be held to be one
					 motor vehicle as respects such limits of liability.
(b) With respect to such insurance as is
					 afforded, the insurer, subject to the policy terms shall: defend any suit, with
					 the right to make such investigation, negotiation and settlement as it deems
					 expedient; pay all premiums on attachment bonds and appeal bonds; pay all
					 expenses incurred by the company, all costs taxed against the insured in any
					 such suit, and all interest accruing after entry of judgment until the insurer
					 has paid or tendered or deposited in court such part of such judgment as does
					 not exceed the applicable policy limits; pay expenses incurred by the insured
					 for first aid to others at the time of accident; and reimburse the insured for
					 reasonable expenses other than loss of earnings, incurred at the company's
					 request. The amounts so incurred under this subdivision, except settlement of
					 claims and suits, shall be payable by the company in addition to the applicable
					 policy limits.
(c) A provision
					 insuring as "insured":
(1) the named insured
					 and, if an individual, his or her spouse if a resident of the same household
					 with respect to the motor vehicle or vehicles;
(2) any other person using the motor vehicle
					 with the permission of the named insured or such spouse provided his or her
					 actual operation or (if he or she is not operating) his or her other actual use
					 thereof is within the scope of such permission; and
(3) any other person or organization but only
					 with respect to his, her or its liability because of acts or omissions of an
					 insured within paragraph (1) or (2) of this subdivision. As respects any person
					 or organization other than the named insured or such spouse the policy need not
					 apply:
(i) to any person or organization, or
					 to any agent or employee thereof, employed or otherwise engaged in operating an
					 automobile sales agency, repair shop, service station, storage garage or public
					 parking place, with respect to any accident arising out of the maintenance or
					 use of a motor vehicle in connection therewith;
(ii) to any employee with respect to injury,
					 sickness, disease or death of a fellow employee injured in the course of his or
					 her employment in an accident arising out of the maintenance or use of the
					 motor vehicle in the business of their common employer; or
(iii) to any person or organization, or to
					 any agent or employee thereof, with respect to bodily injury, sickness, disease
					 or death, or injury to or destruction of property arising out of the loading or
					 unloading of the motor vehicle. The insurance shall apply separately to each
					 insured against whom claim is made or suit is brought, provided the inclusion
					 of more than one insured shall not operate to increase the limits of the
					 insurer's liability.