N.Y. Comp. Codes R. & Regs. Tit. 11 §§ 60-3.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 60-3.2 - General provisions

(a)

(1) In addition to the mandatory liability provisions specified in this Subpart, every article 44-B policy shall provide coverage, as required by Vehicle and Traffic Law Article 44-B, in accordance with the provisions of Insurance Law section 3420, Insurance Law article 51, Subpart 60-2 of this Part (Insurance Regulation 35-D), and Part 65 of this Part (Insurance Regulation 68) and such other requirements as may be applicable.

(2)

(i) A policy issued in satisfaction of the financial responsibility requirements of Vehicle and Traffic Law section 1693(2)(a) and regulations promulgated thereunder shall provide all of the coverages as specified in paragraph (1) of this section while a TNC driver is logged onto the TNC's digital network but is not engaged in a TNC prearranged trip.

(ii) A policy issued in satisfaction of the financial responsibility requirements of Vehicle and Traffic Law section 1693(3)(a) and regulations promulgated thereunder shall provide all of the coverages as specified in paragraph (1) of this section while a TNC driver is engaged in a TNC prearranged trip.

(iii) A policy issued in satisfaction of the financial responsibility requirements of Vehicle and Traffic Law section 1693(2)(a) and (3)(a) and regulations promulgated thereunder shall provide all of the coverages as specified in paragraph (1) of this section while a TNC driver is logged onto the TNC's digital network but is not engaged in a TNC prearranged trip and while the TNC driver is engaged in a TNC prearranged trip.

(3) A policy as provided in paragraph (2)(i), (ii) or (iii) of this subdivision may also provide other coverages; provided that a group policy may only provide the coverages specified in Insurance Law section 3455(c)(2) and must provide coverage as provided in paragraphs 2(i), (ii) or (iii) of this subdivision.

(b) Except as provided in section 60-3.8 of this Subpart:

(1) no insurer may issue an article 44-B policy unless the insurer is authorized to do an insurance business in this state;

(2) all policy forms, rating classifications, and territories shall be approved by the superintendent pursuant to Insurance Law section 2307 and shall not qualify for an exemption from filing under Insurance Law section 6301; and

(3) all rates, rating plans, rating rules, or rating manuals shall be submitted to the superintendent and shall be subject to prior approval pursuant to Insurance Law section 2305.

(c)

(1) An insurer shall include on the declarations page of an article 44-B policy one of the following statements as applicable:

(i) that the policy is in compliance with the financial responsibility requirements of Vehicle and Traffic Law section 1693(2)(a) and regulations promulgated thereunder but does not provide coverage as provided under Vehicle and Traffic Law section 1693(3)(a);

(ii) that the policy is in compliance with the financial responsibility requirements of Vehicle and Traffic Law section 1693(3)(a) and regulations promulgated thereunder; but does not provide coverage as provided under Vehicle and Traffic Law section 1693(2)(a); or

(iii) that the policy is in compliance with the financial responsibility requirements of Vehicle and Traffic Law section 1693(2)(a) and (3)(a) and regulations promulgated thereunder.

(2) An insurer that issues a group policy also shall include the statement as applicable on the certificates issued to the group members.

(d)

(1) When facilitating the sharing of information under Vehicle and Traffic Law section 1695(6), an insurer shall comply with Insurance Law section 3420 (d), Part 420 of this Title (Insurance Regulation 169), and all other applicable state and federal laws and regulations governing privacy and the release of consumer financial and health information.

(2) Unless the insurer will not dispute that the driver was logged onto the TNC's digital network or was engaged in a TNC prearranged trip at the time of the accident, within five business days of receipt of a claim involving a driver, an insurer that issued an article 44-B policy shall request from the TNC:

(i) the precise times that the driver logged on and off of the TNC's digital network in the 12-hour period immediately preceding and in the 12-hour period immediately following the accident; and

(ii) the precise times that the driver was engaged in a prearranged trip in the 12-hour period immediately preceding and in the 12-hour period immediately following the accident.

(3) The insurer shall, within five business days of receipt of the information, provide to any claimant and any other insurer providing coverage for the TNC vehicle, including the insurer that issued the owner's policy of liability insurance:

(i) the information received from the TNC pursuant to paragraph (2) of this subdivision; and

(ii) a clear description of the coverage, exclusions, and limits under its article 44-B policy.

(4) The TNC shall, within ten business days of receipt of a request from a driver, insurer, claimant, or other TNC regarding an accident, provide:

(i) the precise times that the driver logged on and off of the TNC's digital network in the 12-hour period immediately preceding and in the 12-hour period immediately following the accident; and

(ii) the precise times the driver was engaged in a prearranged trip in the 12-hour period immediately preceding and in the 12-hour period immediately following the accident.

N.Y. Comp. Codes R. & Regs. Tit. 11 §§ 60-3.2

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