New York Codes, Rules and Regulations
Title 11 - INSURANCE
Chapter III - Policy and Certificate Provisions
Subchapter B - Property and Casualty Insurance
Part 64 - Liability Insurance Covering Snowmobiles And All-terrain Vehicles
Subpart 64-2 - Liability Insurance Covering All-terrain Vehicles
Section 64-2.1 - Requirements for minimum benefit insurance policies for ATV's
Current through Register Vol. 46, No. 39, September 25, 2024
Every ATV owner's policy of liability insurance issued or renewed in satisfaction of the minimum requirements of article VI of the Vehicle and Traffic Law and article 51 of the Insurance Law shall set forth provisions providing minimum benefits at least equal to those set out below and contained in the provisions of the Mandatory Personal Injury Protection Endorsement-All-Terrain Vehicles in accordance with section 65-1.1(f) of this Title (Regulation 68-A).
LIABILITY INSURANCE COVERING ALL-TERRAIN VEHICLES
ALL-TERRAIN VEHICLE POLICY
DEFINITIONS
Throughout this policy "you" and "your" refer to:
1. The "named insured" shown in the declarations and,
2. The spouse if a resident of the same household.
"We", "us" and "our" refer to the company providing this insurance.
"Family Member" means a person related to you by blood, marriage or adoption who is a resident of your household. This includes a ward or foster child.
" Occupying" means in, upon, or getting in, on, out or off.
"All-Terrain Vehicle" ("ATV") means any self-propelled vehicle, other than a snowmobile, which is manufactured for sale for operation primarily on off-highway trails or in off-highway competitions and only incidentally operated on public highways and does not exceed sixty inches in width or eight hundred pounds dry weight.
"Trailer" means an owned trailer designed to be used with an ATV, if not being used for business or commercial purposes.
"Your covered ATV" means:
1. Any vehicle shown in the declarations.
2. Any ATV on the date you become the owner
This provision applies only if you:
If the ATV you acquire replaces one shown in the Declarations, it will have the same coverage as the ATV replaced. You must ask us to insure a replacement ATV within 30 days only if you wish to add or continue Coverage for Damage to your ATV. If the ATV you acquire is in addition to any shown in the Declarations it will have the broadest coverage we now provide for any ATV of the same type, shown in the Declarations.
3. Any trailer you own while being used with your covered ATV.
4. Any ATV you do not own while used as a temporary substitute for any other ATV described in this definition which is out of normal use because of its:
LIABILITY COVERAGE
INSURING AGREEMENT. We will pay damages for bodily injury or property damage for which any covered person becomes legally responsible because of an ATV accident. We will settle or defend, as we consider appropriate, any claim or suit asking for damages which are payable under the terms of this policy. This applies even if the claim or suit is groundless. In addition to our limit of liability, we will pay all defense costs we incur.
"Covered Person" as used in this Part means:
1. You or any family member for the ownership, maintenance or use of your covered ATV.
2. Any person using your covered ATV.
3. For your covered ATV, any person or organization but only with respect to legal responsibility for acts or omissions of a person for whom coverage is afforded under this Part.
SUPPLEMENTARY PAYMENTS. In addition to our limit of liability, we will pay on behalf of a covered person:
1. Up to $250 for the cost of baIl bonds required because of an accident, including related traffic law violations. The accident must result in bodily injury or property damage covered under this policy.
2. Premiums on appeal bonds and bonds to release attachments in any suit we defend.
3. Interest accruing after a judgment is entered in any suit we defend. Our duty to pay interest ends when we offer to pay that part of the judgment which does not exceed our limit of liability for this coverage.
4. Up to $50 a day for loss of earnings, but not other income, because of attendance at hearings or trials at our request.
5. Other reasonable expenses incurred at our request.
6. Expenses incurred by a covered person for first aid to others at the time of the accident.
7. All costs taxed against a covered person, in any suit we defend.
EXCLUSIONS. We do not provide Liability Coverage for any person:
1. Who intentionally causes, or directs another person to cause, bodily injury or property damage.
2. For damage to property owned or being transported by that person.
3. For damage to property:
This exclusion does not apply to damages to a residence or private garage.
4. For bodily injury to an employee of that person during the course of employment. This exclusion does not apply to bodily injury to a domestic employee unless Workers' Compensation benefits are required or available for the employee.
5. For that person's liability arising out of the ownership or operation of an ATV while it is being used to carry persons or property for a fee.
6. While employed or otherwise engaged in the business or occupation of:
ATV's. This includes testing and delivery. This exclusion does not apply to the ownership, maintenance or use of your covered ATV by:
7. Using a vehicle without a reasonable belief that that person is entitled to do so.
8. For bodily or property damage for which that person:
A nuclear energy liability policy is a policy issued by any of the following or their successors:
9. For the ownership, maintenance or use of any vehicle, other than your covered ATV.
LIMIT OF LIABILITY.
1. If the aggregate limits of liability shown in the Declarations are greater than $125,000, then the limit of liability is our maximum limit of liability for all damages resulting from any one ATV accident. We will apply the limit of liability to first provide the separate limits required by the laws of New York for:
This is the most we will pay regardless of the number of:
2. If the aggregate limit of liability shown in the Declarations is $125,000, then that limit of liability is our maximum limit of liability for all damages resulting from any one ATV accident, except those damages for bodily injury resulting in death. We will apply the limit of liability to first provide the separate limits required by the laws of New York for:
This provision will not change our total limit of liability.
Our limit of liability for bodily injury resulting in death is as follows:
If the limit of liability shown in the Declarations is not exhausted by payment of damages for:
any remaining amounts will be used to pay damages for bodily injury resulting in death to the extent the limit of liability shown in the Declarations is not increased.
The amounts provided in this entire provision are the most we will pay regardless of the number of;
In any event, this policy will provide at least the minimum limits of liability required by articles 6, 8, 48-A and 48-C of the New York Vehicle and Traffic Law and section 3420 of the New York Insurance Law.
OUT OF STATE COVERAGE. If an ATV accident to which this policy applies occurs in any state or province other than the one in which your covered ATV is principally garaged, we will interpret your policy for that accident as follows:
If the state or province has:
No one will be entitled to duplicate payments for the same elements of loss.
FINANCIAL RESPONSIBILITY REQUIRED. When this is certified as future proof of financial responsibility, this policy shall comply with the law to the extent required.
OTHER INSURANCE. If there is other applicable liability insurance we will pay only our share of the loss. Our share is the proportion that our limit of liability bears to the total of all applicable limits. However, any insurance we provide for a vehicle you do not own shall be excess over any other collectible insurance.
UNINSURED MOTORISTS COVERAGE
The Uninsured Motorist Endorsement - New York is hereby made a part of this policy, and wherever the word automobile or motor vehicle appears, reference to ATV should be inserted.
DUTIES AFTER AN ACCIDENT OR LOSS
GENERAL DUTIES. We must be notified promptly of how, when and where the accident or loss happened. Notice should also include the names and addresses of any injured persons and of any witnesses. Written notice by or on behalf of the claimant to any licensed agent of the insurer in this State, with particulars sufficient to identify the insured, shall be deemed notice to us.
A person seeking any coverage must:
3. Submit, as often as we reasonably require, to:
4. Authorize us to obtain:
5. Submit a proof of loss when required by us.
ADDITIONAL DUTIES FOR UNINSURED MOTORIST COVERAGE. A person seeking Uninsured Coverage must also:
1. Promptly notify the police if a hit and run driver is involved.
2. Promptly send us copies of the legal papers if a suit is brought.
GENERAL PROVISIONS
BANKRUPTCY. Bankruptcy or insolvency of the covered person shall not relieve us of any obligations under this policy.
CHANGES. This policy contains all the agreements between you and us. Its terms may not be changed or waived except by endorsement issued by us. If a change requires a premium adjustment. we will adjust the premium as of the effective date of change.
We may revise this policy form to provide more coverage without additional premium charge. If we do this your policy will automatically provide the additional coverage as of the date the revision is effective in your state.
LEGAL ACTION AGAINST US. No legal action may be brought against us until there has been full compliance with all the terms of this policy. In addition, no legal action may be brought against us until:
1. We agree in writing that the covered person has an obligation to pay; or
2. The amount of that obligation has been finally determined by judgment after trial.
No person or organization has any right under this policy to bring us into any action to determine the liability of a covered person.
OUR RIGHT TO RECOVER PAYMENT.
POLICY PERIOD AND TERRITORY. This policy applies only to accidents and losses which occur:
The policy territory is:
This policy also applies to loss to, or accidents involving your covered ATV while being transported between their ports.
TERMINATION. Cancellation: This policy may be cancelled during the policy periods as follows:
This must have occurred:
This provision does not apply to one or more administrative suspensions from the same incident which terminate prior to the effective date of cancellation.
NONRENEWAL: If we decide not to renew or continue this policy, we will mail notice to the named insured shown in the Declarations at the address shown in the policy. Notice will be mailed at least 45 days, but not more than 60 days before the end of the policy period. The specific reason or reasons for nonrenewal shall be stated in or accompany the notice.
If the policy period is other than 1 year, we will have the right not to renew or continue it only at each anniversary of its original effective date.
If you obtain other insurance on your covered ATV, any similar insurance provided by the policy will terminate as to that vehicle on the effective date of the insurance.
OTHER TERMINATION PROVISIONS:
TRANSFER OF YOUR INTEREST IN THIS POLICY. Your rights and duties under this policy may not be assigned without our written consent. However, if a named insured shown in the Declarations dies, coverage will be provided for:
Coverage will only be provided until the end of the policy period.
TWO OR MORE ATV POLICIES. If this policy and any other insurance policy issued to you by us apply to the same accident, the maximum limit of our liability under all the policies shall not exceed the highest applicable limit of liability under any one policy.
