New York Codes, Rules and Regulations, Subpart 60-3, Section 60-3.3 - Mandatory liability provisions | New York Codes, Rules and Regulations

(a)

(1) If the policy provides coverage while a driver is logged onto the TNC's digital network but is not engaged in a TNC prearranged trip: insurance against loss from the liability imposed by law for damages, including damages for care and loss of services, because of bodily injury to or death of any person, and injury to or destruction of property arising out of the ownership, maintenance, use or operation of a specific motor vehicle or vehicles within this state, or elsewhere in the United States in North America or Canada, subject to a limit, exclusive of interest and costs, with respect to each such occurrence, of at least $75,000 because of bodily injury to or death of one person in any one accident and, subject to said limit for one person, to a limit of at least $150,000 because of bodily injury to or death of two or more persons in any one accident, and to a limit of at least $25,000 because of injury to or destruction of property of others in any one accident;

(2) If the policy provides coverage while a driver is engaged in a TNC prearranged trip: insurance against loss from the liability imposed by law for damages, including damages for care and loss of services, because of bodily injury to or death of any person, and injury to or destruction of property arising out of the ownership, maintenance, use, or operation of a specific motor vehicle or vehicles within this state, or elsewhere in the United States in North America or Canada, subject to a limit, exclusive of interest and costs, with respect to each such occurrence, of at least $1,250,000 because of bodily injury to or death of one or more persons, and injury to or destruction of property; or

(3) If the policy provides coverage while a driver is logged onto the TNC's digital network but is not engaged in a TNC prearranged trip and while a driver is engaged in a TNC prearranged trip, the policy shall provide coverage as specified in both paragraphs (1) and (2) of this subdivision.

(b) With respect to such insurance as is afforded, the insurer, subject to the policy terms shall: defend any suit, with the right to make such investigation, negotiation and settlement as it deems expedient; pay all premiums on attachment bonds and appeal bonds; pay all expenses incurred by the company, all costs taxed against the insured in any such suit, and all interest accruing after entry of judgment until the insurer has paid or tendered or deposited in court such part of such judgment as does not exceed the applicable policy limits; pay expenses incurred by the insured for first aid to others at the time of accident; and reimburse the insured for reasonable expenses other than loss of earnings, incurred at the company's request. The amounts so incurred under this subdivision, except settlement of claims and suits, shall be payable by the company in addition to the applicable policy limits.

(c) When the policy is an individual policy, a provision:

(1) insuring as "insured":

(i) the named insured, his or her spouse if a resident of the same household with respect to the motor vehicle or vehicles;

(ii) any other person using the motor vehicle with the permission of the named insured or such spouse provided his or her actual operation or (if he or she is not operating) his or her other actual use thereof is within the scope of such permission; and

(iii) any other person or organization but only with respect to his, her or its liability because of acts or omissions of an insured within subparagraph (i) or (ii) of this paragraph. As respects any person or organization other than the named insured or such spouse the policy need not apply:

(a) to any person or organization, or to any agent or employee thereof, employed or otherwise engaged in operating an automobile sales agency, repair shop, service station, storage garage or public parking place, with respect to any accident arising out of the maintenance or use of a motor vehicle in connection therewith;

(b) to any employee with respect to injury, sickness, disease or death of a fellow employee injured in the course of his or her employment in an accident arising out of the maintenance or use of the motor vehicle in the business of their common employer; or

(c) to any person or organization, or to any agent or employee thereof, with respect to bodily injury, sickness, disease or death, or injury to or destruction of property arising out of the loading or unloading of the motor vehicle. The insurance shall apply separately to each insured against whom claim is made or suit is brought, provided the inclusion of more than one insured shall not operate to increase the limits of the insurer's liability;

(2) while:

(i) the motor vehicle is used by a TNC driver while logged onto a TNC's digital network but is not engaged in a TNC prearranged trip;

(ii) a TNC driver is engaged in a TNC prearranged trip; or

(iii) the motor vehicle is used by a TNC driver while logged onto the TNC's digital network but is not engaged in a TNC prearranged trip or while a TNC driver is engaged in a TNC prearranged trip.

(d) When the policy is a group policy issued to a TNC, a provision:

(1) insuring as "insured":

(i) the named insured, his or her spouse if a resident of the same household with respect to the motor vehicle or vehicles;

(ii) and any other person using the motor vehicle; and

(iii) any other person or organization but only with respect to his, her or its liability because of acts or omissions of an insured within subparagraph (i) or (ii) of this subdivision. As respects any person or organization other than the named insured or such spouse the policy need not apply:

(a) to any person or organization, or to any agent or employee thereof, employed or otherwise engaged in operating an automobile sales agency, repair shop, service station, storage garage or public parking place, with respect to any accident arising out of the maintenance or use of a motor vehicle in connection therewith;

(b) to any employee with respect to injury, sickness, disease or death of a fellow employee injured in the course of his or her employment in an accident arising out of the maintenance or use of the motor vehicle in the business of their common employer; or

(c) to any person or organization, or to any agent or employee thereof, with respect to bodily injury, sickness, disease or death, or injury to or destruction of property arising out of the loading or unloading of the motor vehicle. The insurance shall apply separately to each insured against whom claim is made or suit is brought, provided the inclusion of more than one insured shall not operate to increase the limits of the insurer's liability;

(2) while:

(i) a TNC driver is logged onto that TNC's digital network but is not engaged in a TNC prearranged trip;

(ii) a TNC driver is engaged in a TNC prearranged trip for that TNC; or

(iii) the motor vehicle is used by a TNC driver while logged onto that TNC's digital network but is not engaged in a TNC prearranged trip or while a TNC driver is engaged in a TNC prearranged trip.

(e)

(1) With regard to an individual policy, a provision that the policy shall afford bodily injury and property damage liability insurance for:

(i) any other vehicle of which the named insured acquires ownership, leases, or otherwise is authorized to use provided it replaces the TNC vehicle described in the policy or the company insures all automobiles owned by the named insured or his spouse on the delivery date;

(ii) any motor vehicle, used with the permission of the owner, and not owned by the named insured or his or her spouse or any resident of the same household, which is temporarily substituted for the said motor vehicle while withdrawn from service because of breakdown, servicing, repair, loss or destruction; or

(iii) the incidental use of a motor vehicle not owned by the named insured or a member of the insured's household, nor furnished or available for their regular use, provided the actual operation or other actual use thereof is with the permission of the owner and is within the scope of such permission.

(2) With regard to a group policy, a provision that the group policy shall afford bodily injury and property damage liability insurance for:

(i) any other vehicle of which the insured acquires ownership, leases, or otherwise is authorized to use provided it replaces the insured's TNC vehicle described in the policy;

(ii) any motor vehicle, used with the permission of the owner, and not owned by the insured or his or her spouse or any resident of the same household, which is temporarily substituted for the TNC vehicle while withdrawn from service because of breakdown, servicing, repair, loss or destruction; or

(iii) the incidental use of a motor vehicle not owned by the named insured or a member of the insured's household, nor furnished or available for their regular use, provided the actual operation or other actual use thereof is with the permission of the owner and is within the scope of such permission.

(3) With regard to an individual policy, a provision required by paragraphs (1) of this subdivision need not apply:

(i) to any accident arising out of the maintenance or use of a motor vehicle by a person employed or otherwise engaged in the business of a motor vehicle sales agency, repair shop, service station, storage garage or public parking place; or

(ii) with respect to a newly acquired motor vehicle, to any loss against which the driver has other valid and collectible insurance in satisfaction of Vehicle and Traffic Law article 44-B.

(4) With regard to a group policy, a provision required by paragraph (2) of this subdivision need not apply to any accident arising out of the maintenance or use of a motor vehicle by a person employed or otherwise engaged in the business of a motor vehicle sales agency, repair shop, service station, storage garage or public parking place.

(f) A provision that when a motor vehicle is used or operated in any other state or Canadian province, a policy currently in effect or hereafter issued shall provide at least the minimum amount and kind of coverage that is required in such cases under the laws of such other jurisdiction. Any policy not containing such provision shall nevertheless be deemed to provide such coverage. This provision is not intended to create a duplication of coverage or benefits to the extent that a New York insured carries additional coverages under any automobile or motor vehicle insurance policy or is covered under an automobile or motor vehicle policy of a resident of the jurisdiction wherein an injury occurs.

(g) A provision that the insurer will not provide coverage for any insured who intentionally causes, or directs another person to cause, bodily injury or property damage.

(h) Either of the following provisions:

(1) The insurer shall not be liable for a greater proportion of the loss than the applicable limit of liability of the policy bears to the total applicable limit of liability of all other valid and collectible insurance covering the insured against such loss; provided, however, with respect to a TNC vehicle, other than a newly acquired motor vehicle, for which insurance is provided under subdivision (d) of this section, the insurance shall be excess insurance over any other valid and collectible insurance.

(2) The insurance afforded by this policy is primary insurance, except when stated to apply in excess of or contingent upon the absence of other insurance. When this insurance is primary and the insured has other insurance that is stated to be applicable to the loss on an excess or contingent basis, the amount of the company's liability under this policy shall not be reduced by the existence of such other insurance. When both this insurance and other insurance apply to the loss on the same basis, whether primary, excess or contingent, the company shall not be liable under this policy for a greater proportion of the loss than that stated in the applicable contribution provision below:

(i) Contribution by equal shares. If all of such other valid and collectible insurance provides for contribution by equal shares, the company shall not be liable for a greater proportion of such loss than would be payable if each insurer contributes an equal share until the share of each insurer equals the lowest applicable limit of liability under any one policy or the full amount of the loss is paid, and with respect to any amount of loss not so paid the remaining insurers then continue to contribute equal shares of the remaining amount of the loss until each such insurer has paid its limit in full or the full amount of the loss is paid.

(ii) Contribution by limits. If any of such other insurance does not provide for contribution by equal shares, the company shall not be liable for a greater proportion of such loss than the applicable limit of liability under this policy for such loss bears to the total applicable limit of liability of all valid and collectible insurance against such loss.

With respect to the maintenance or use of hired motor vehicles and nonowned motor vehicles, this insurance shall apply only as excess insurance over any other valid and collectible insurance available to the insured.

(i)

(1) Except as provided in paragraph (2) of this subdivision, a provision that if the insurer cancels the policy, at least 20 days' prior written notice shall be mailed or delivered to the named insured, except where the cancellation is for nonpayment of premium in which case 15 days' notice of cancellation by the insurer shall be sufficient.

(2) If the article 44-B policy is a group policy and the insurer cancels the policy, then the insurer must provide written notice in conformance with Insurance Law section 3455.