N.Y. Comp. Codes R. & Regs. tit. 9 § 5103.8

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

Section 5103.8 - Gaming facility insurance requirements

(a) Prior to the commencement of video gaming operations, the video gaming agent shall file with the commission certificates of insurance evidencing compliance with all requirements contained in these regulations. Such certificates shall be of form and substance acceptable to the commission.

(b) Acceptance and/or approval by the commission does not and shall not be construed to relieve the video gaming agent of any obligations, responsibilities or liabilities under these regulations.

(c) All insurance required by these regulations shall be obtained at the sole cost and expense of the video gaming agent with insurance carriers acceptable to the commission; shall be primary and non-contributing to any insurance or self-insurance maintained by the commission; shall be endorsed to provide written notice be given to the commission at least 30 days prior to the cancellation, non-renewal, or material alteration of such policies, and shall name. The people of the State of New York, its officers, agents, and employees as additional insured. The additional insured requirement does not apply to workers' compensation or disability coverage.

(d) The video gaming agent shall be solely responsible for the payment of all deductibles and self-insured retentions to which such policies are subject. Deductibles and self-insured retentions must be approved by the commission. Such approval shall not be unreasonably withheld.

(e) Each insurance carrier must be rated at least "A-" Class "VII" in the most recently published Best's Insurance Report. If, during the term of the policy, a carrier's rating falls below "A-" Class "VII", the insurance must be replaced no later than the renewal date of the policy with an insurer acceptable to the commission and rated at least "A-" Class "VII" in the most recently published Best's Insurance Report.

(f) The video gaming agent shall cause all insurance to be in full force and effect as of the commencement date of video gaming operations and to remain in full force and effect throughout the license term. The video gaming agent shall not take any action, or omit to take any action that would suspend or invalidate any of the required coverages during the period of time such coverages are required to be in effect.

(g) Not less than 30 days prior to the expiration date or renewal date, the video gaming agent shall supply the commission updated replacement certificates of insurance, and amendatory endorsements.

(h) Limits. The video gaming agent shall obtain and maintain in full force and effect, the following insurance with limits not less than those described below, or as required by law, whichever is greater (limits may be provided through a combination of primary and umbrella/excess policies):

(1) Commercial general liability insurance with a limit of not less than $5,000,000 each occurrence. Such insurance shall cover liability arising from premises operations, independent contractors, broad form property damage, personal and advertising injury, cross liability coverage, liability assumed in a contract (including the tort liability of another assumed in a contract) and explosion, collapse and underground coverage. If such insurance contains an aggregate limit, it shall apply separately on a per location basis.

(2) Workers' compensation, employers liability, and disability benefits as required by New York State.

(3) Commercial business automobile liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any automobile accident including owned and leased automobiles.

(i) The video gaming agent shall cause to be included in each of such agent's policies insuring against loss, damage or destruction by fire or other insured casualty, a waiver of the insurer's right of subrogation against the commission, or, if such waiver is unobtainable:

(1) an express agreement that such policy shall not be invalidated if the video gaming agent waives or has waived before the casualty, the right of recovery against the commission; or

(2) any other form of permission for the release of the commission.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 5103.8

Amended New York State Register November 24, 2021/Volume XLIII, Issue 47, eff. 11/24/2021