N.Y. Comp. Codes R. & Regs. Tit. 11 §§ 60-4.8

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

Section 60-4.8 - Excess line policies

(a)

(1) In accordance with General Business Law section 901(6)(b), a group policy may be procured by a licensed excess line broker pursuant to Insurance Law section 2118 and regulations promulgated thereunder if the insurance is unavailable from authorized insurers. The excess line broker shall obtain declinations from three authorized insurers as provided in section 27.3 of this Title (Insurance Regulation 41). The excess line broker may not utilize the procedure specified in section 27.3(g) or (h) of this Title.

(2) The declinations obtained pursuant to section 27.3 of this Title shall be valid for one year and apply to all the shared vehicle drivers and shared vehicle owners insured under the group policy with respect to coverages provided without option by the group policyholder. The affidavit by a broker or an excess line broker, evidencing the requisite number of declinations, shall be executed and filed by the licensee on behalf of the group policyholder. The excess line broker shall not renew the group policy with the unauthorized insurer unless the excess line broker obtains three declinations in accordance with the provisions of section 27.3 of this Title.

(3) The excess line broker shall provide a written affirmation to the peer-to-peer car sharing program administrator of the unavailability of coverage from an authorized insurer annually.

(b) Prior to procuring a group policy from an unauthorized insurer, an excess line broker shall obtain a written commitment from the unauthorized insurer that the insurer shall:

(1) cooperate with the superintendent with regard to any inquiry or request for information pertaining to the group policy or any claim submitted thereunder;

(2) comply with the requirements of Part 216 of this Title (Insurance Regulation 64);

(3) use licensed adjusters to investigate or adjust claims submitted under the group policy; and

(4) and maintain records in accordance with Part 243 of this Title (Insurance Regulation 152) and maintain the privacy of consumers and customers in accordance with Part 420 of this Title (Insurance Regulation 169).

N.Y. Comp. Codes R. & Regs. Tit. 11 §§ 60-4.8

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