New York Codes, Rules and Regulations
Title 11 - INSURANCE
Chapter III - Policy and Certificate Provisions
Subchapter B - Property and Casualty Insurance
Part 60 - Minimum Provisions For Automobile Liability Insurance Policies And Supplementary Uninsured Motorists Insurance
Subpart 60-3 - TRANSPORTATION NETWORK COMPANIES: MINIMUM PROVISIONS FOR POLICIES AND OTHER REQUIREMENTS
Section 60-3.2 - General provisions
Universal Citation: 11 NY Comp Codes Rules and Regs ยง 60-3.2
Current through Register Vol. 46, No. 12, March 20, 2024
(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.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.