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 60-4 - Peer-to-Peer Car Sharing Programs: Minimum Provisions for Group Policies and Other Requirements
Section 60-4.8 - Excess line policies
Universal Citation: 11 NY Comp Codes Rules and Regs ยง 60-4.8
Current through Register Vol. 46, No. 12, March 20, 2024
(a)
(1) In accordance with General Business Law
section 901(6)(b), a group policy may be procured by a licensed excess line
broker pursuant to Insurance Law section 2118 and regulations promulgated
thereunder if the insurance is unavailable from authorized insurers. The excess
line broker shall obtain declinations from three authorized insurers as
provided in section
27.3 of this Title (Insurance
Regulation 41). The excess line broker may not utilize the procedure specified
in section
27.3(g) or (h) of
this Title.
(2) The declinations
obtained pursuant to section
27.3 of this Title shall be valid
for one year and apply to all the shared vehicle drivers and shared vehicle
owners insured under the group policy with respect to coverages provided
without option by the group policyholder. The affidavit by a broker or an
excess line broker, evidencing the requisite number of declinations, shall be
executed and filed by the licensee on behalf of the group policyholder. The
excess line broker shall not renew the group policy with the unauthorized
insurer unless the excess line broker obtains three declinations in accordance
with the provisions of section
27.3 of this Title.
(3) The excess line broker shall provide a
written affirmation to the peer-to-peer car sharing program administrator of
the unavailability of coverage from an authorized insurer annually.
(b) Prior to procuring a group policy from an unauthorized insurer, an excess line broker shall obtain a written commitment from the unauthorized insurer that the insurer shall:
(1) cooperate with the superintendent with
regard to any inquiry or request for information pertaining to the group policy
or any claim submitted thereunder;
(2) comply with the requirements of Part 216
of this Title (Insurance Regulation 64);
(3) use licensed adjusters to investigate or
adjust claims submitted under the group policy; and
(4) and maintain records in accordance with
Part 243 of this Title (Insurance Regulation 152) and maintain the privacy of
consumers and customers in accordance with Part 420 of this Title (Insurance
Regulation 169).
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