N.Y. Comp. Codes R. & Regs. Tit. 11 §§ 60-3.7

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

Section 60-3.7 - Group policy requirements

(a) The insurer shall be responsible for mailing or delivery of a certificate of insurance to each group member in accordance with Insurance Law section 3455(h).

(b) Until July 1, 2019, a group policy shall provide that the group policy is primary over a policy issued in satisfaction of Vehicle and Traffic Law article 6 and in accordance with section 60- 3.3(h)(2) of this Subpart; provided, however, that if there is a policy issued in satisfaction of Vehicle and Traffic Law article 6 or endorsement thereto that satisfies the financial responsibility requirements of Vehicle and Traffic Law article 44-B, then the group policy may be stated to apply in excess of or contingent upon the absence of other insurance as provided in section 60-3.3(h)(2) of this Subpart

(c) Pursuant to Vehicle and Traffic Law section 1693(5), if insurance maintained by a driver pursuant to Vehicle and Traffic Law section 1693(2) and (3) has lapsed or does not provide the required coverage, then the group policy maintained by a TNC shall provide the coverage required by Vehicle and Traffic Law section 1693 beginning with the first dollar of a claim and the insurer shall have the duty to defend such claim.

(d) No group policy or certificate shall contain any deductible or self-insured retention with respect to liability, no-fault or supplementary uninsured/underinsured motorist coverage.

(e) No group policy or certificate shall be subject to a group or sub-group aggregate liability limit of any kind at any time, and any liability limit applicable to a group member shall:

(1) be separate and apart from any liability limit to which any other group member insured under the group policy may be subject; and

(2) operate unaffected by the experience of any other group member or the overall experience of the group itself.

(f) Group policy forms and rates of an authorized insurer shall comply with Insurance Law article 23 standards, and no such rates shall be excessive, inadequate, unfairly discriminatory, destructive of competition, detrimental to solvency, or otherwise unreasonable, subject to the following factors:

(1) advantages may be considered, based on actual or reasonably anticipated loss and expense experience of the group or its members, where such advantages and experience can be fairly demonstrated; and

(2) rates, rating plans or rating rules recognizing loss differences on a group basis, in comparison to like risks not in the group, shall be deemed rating classifications subject to the superintendent's approval pursuant to Insurance Law section 2307.

(g) Except with respect to requiring a TNC driver to be insured under the group policy required by Article 44-B of the Vehicle and Traffic Law, no insurer shall provide coverage in regard to a group program that:

(1) requires the purchase of insurance as a condition of group membership; or

(2) imposes any penalty upon a group member if insurance is not purchased.

(h) No insurer shall provide coverage in regard to a group if:

(1) the purchase of any good or service from the group or sponsoring entity is a condition of purchasing insurance by a group member; or

(2) the purchase of insurance by a group member is a condition of purchasing any good or service from the group or sponsoring entity.

N.Y. Comp. Codes R. & Regs. Tit. 11 §§ 60-3.7

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

Amended New York State Register December 19, 2018/Volume XL, Issue 51, eff. 12/19/2018