N.Y. Comp. Codes R. & Regs. tit. 11 § 67.6

Current through Register Vol. 46, No. 41, October 9, 2024

Section 67.6 - Standards for suspension of private passenger automobile physical damage insurance

(a) Unless an insurer waives an inspection, if the named insured fails to make the insured automobile available for the inspection prior to expiration of the deferral period specified in section 67.4(b) of this Part, then automobile physical damage insurance on the insured automobile shall be suspended at 12:01 a.m. of the day following the 14th calendar day after the effective date of coverage.

(1) If the named insured makes the named insured's automobile available for the inspection after the automobile physical damage insurance has been suspended, then the insurer shall accept the inspection and reinstate the automobile physical damage insurance effective as of the date and time of the inspection.

(2) For the purposes of sections 3425 and 3426 of the Insurance Law, reinstatement of automobile physical damage insurance shall not be considered new business.

(b) Whenever automobile physical damage insurance is suspended for more than ten calendar days, an insurer shall make a pro rata premium adjustment (return premium or credit), which the insurer shall mail, deliver, transmit or credit to the named insured no later than 45 calendar days after the effective date of automobile physical damage insurance suspension.

(c) After an insurer suspends a named insured's automobile physical damage insurance, the insurer shall mail, deliver or transmit the prescribed CONFIRMATION OF SUSPENSION OF PHYSICAL DAMAGE COVERAGE (NYS APD form C) contained in section 67.12 of this Part, or a substantially equivalent form, to the named insured, with a copy to the producer of record and any lienholders, no later than 20 calendar days after the effective date of automobile physical damage insurance suspension.

(1) The insurer shall retain proof of mailing, delivery or transmittal of the confirmation to the named insured in the named insured's policy record, in accordance with Part 243 of this Title (Regulation 152).

(2) An insurer's failure to comply with the provisions of this paragraph shall not restore automobile physical damage insurance.

(3) This subdivision shall not apply if the automobile is made available for inspection by an insurer's authorized representative prior to the actual date of mailing, delivery or transmittal of the CONFIRMATION OF SUSPENSION OF PHYSICAL DAMAGE COVERAGE (NYS APD form C) or a substantially equivalent form.

(d) An insurer shall not suspend a named insured's automobile physical damage insurance if the named insured did not make the insured automobile available for inspection due to the insurer's failure to:

(1) properly notify the named insured of the inspection requirement;

(2) mail, deliver or otherwise transmit the CONFIRMATION OF PHYSICAL DAMAGE COVERAGE NOTICE OF MANDATORY PHOTO INSPECTION REQUIREMENT (NYS APD form B) or a substantially equivalent form to the named insured; or

(3) obtain the signed ACKNOWLEDGMENT OF REQUIREMENT FOR PHOTO INSPECTION (NYS APD form D) or a substantially equivalent form from the named insured.

N.Y. Comp. Codes R. & Regs. Tit. 11 § 67.6

Amended by New York State Register December 31, 2014/Volume XXXVI, Issue 52, eff. 4/1/2015

Amended New York State Register May 20, 2015/Volume XXXVII, Issue 20, eff. 5/20/2015

Amended New York State Register June 18, 2024/Volume XLVI, Issue 25, eff. 6/18/2024