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 60-3.7 - Group policy requirements
Current through Register Vol. 46, No. 39, September 25, 2024
(a) The insurer shall be responsible for mailing or delivery of a certificate of insurance to each group member in accordance with Insurance Law section 3455(h).
(b) Until July 1, 2019, a group policy shall provide that the group policy is primary over a policy issued in satisfaction of Vehicle and Traffic Law article 6 and in accordance with section 60- 3.3(h)(2) of this Subpart; provided, however, that if there is a policy issued in satisfaction of Vehicle and Traffic Law article 6 or endorsement thereto that satisfies the financial responsibility requirements of Vehicle and Traffic Law article 44-B, then the group policy may be stated to apply in excess of or contingent upon the absence of other insurance as provided in section 60-3.3(h)(2) of this Subpart
(c) Pursuant to Vehicle and Traffic Law section 1693(5), if insurance maintained by a driver pursuant to Vehicle and Traffic Law section 1693(2) and (3) has lapsed or does not provide the required coverage, then the group policy maintained by a TNC shall provide the coverage required by Vehicle and Traffic Law section 1693 beginning with the first dollar of a claim and the insurer shall have the duty to defend such claim.
(d) No group policy or certificate shall contain any deductible or self-insured retention with respect to liability, no-fault or supplementary uninsured/underinsured motorist coverage.
(e) No group policy or certificate shall be subject to a group or sub-group aggregate liability limit of any kind at any time, and any liability limit applicable to a group member shall:
(f) Group policy forms and rates of an authorized insurer shall comply with Insurance Law article 23 standards, and no such rates shall be excessive, inadequate, unfairly discriminatory, destructive of competition, detrimental to solvency, or otherwise unreasonable, subject to the following factors:
(g) Except with respect to requiring a TNC driver to be insured under the group policy required by Article 44-B of the Vehicle and Traffic Law, no insurer shall provide coverage in regard to a group program that:
(h) No insurer shall provide coverage in regard to a group if: