N.Y. Comp. Codes R. & Regs. tit. 11 § 60-1.2

Current through Register Vol. 46, No. 18, May 1, 2024

Section 60-1.2 - Exclusions

Such an "owner's policy of liability insurance" may contain in substance the following exclusions:

(a) while the motor vehicle is used as a public or livery conveyance;

(b) liability assumed by the insured under any contract or agreement;

(c) while the motor vehicle is used for the towing of any trailer or semitrailer owned or hired by the insured and not covered by like insurance with the insurer; or while any trailer or semitrailer covered by the policy is used with any motor vehicle owned or hired by the insured and not covered by like insurance with the insurer.

(d) 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.

(e) Any obligation for which the insured or any carrier as his insurer may be held liable under any workers' compensation, unemployment compensation or disability benefits law, or any similar law.

(f) Injury to or destruction of property owned or transported by the insured or property rented to or in charge of the insured or property as to which the insured is for any purpose exercising physical control.

(g) Bodily injury, sickness, disease or death, or injury to or destruction of property due to war, whether or not declared civil war, insurrection, rebellion or revolution, or any act or condition incident to any of the foregoing.

(h) To the extent the Federal Tort Claims Act provides coverage and protection when the insured vehicle is being operated in the course of employment by an agent, servant and/or employee of the United States government, its territories, possessions, political subdivisions, agencies or other independent governmental corporations.

(i) one of the following:

(1) while the motor vehicle is used by a transportation network company driver who is logged onto a transportation network company's digital network but is not engaged in a transportation network company prearranged trip;

(2) while the motor vehicle is used by a transportation network company driver while the driver provides a transportation network company prearranged trip; or

(3) 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; and

(j) while the motor vehicle is being used through a peer-to-peer car sharing program during the peer-to-peer car sharing period.

N.Y. Comp. Codes R. & Regs. Tit. 11 § 60-1.2

Amended New York State Register October 25, 2017/Volume XXXIX, Issue 43, eff. 10/25/2017

Amended New York State Register February 8, 2023/Volume XLV, Issue 06, eff. 2/8/2023