New York Codes, Rules and Regulations
Title 11 - INSURANCE
Chapter III - Policy and Certificate Provisions
Subchapter B - Property and Casualty Insurance
Part 73 - Claims-made Policies; Scope Of Application; Minimum Standards
Section 73.7 - Disclosure and notice requirements
Universal Citation: 11 NY Comp Codes Rules and Regs ยง 73.7
Current through Register Vol. 46, No. 39, September 25, 2024
Every claims-made liability insurance policy issued or renewed in this State shall contain the following minimum disclosure and notice requirements:
(a) The policy application and the declaration page, or addenda thereto, shall contain a notice, conspicuously displayed, stating:
(1)
that the policy is, or identifying those portions of the policy that are,
written on a claims-made basis;
(2)
that the policy provides no coverage for claims arising out of incidents,
occurrences or alleged wrongful acts which took place prior to the retroactive
date stated in the policy;
(3) that
the policy covers only claims actually made against the insured while the
policy remains in effect (or incidents reported if the insurer utilizes written
notice of incident as the trigger of coverage under the policy) and all
coverage under the policy ceases upon the termination of the policy, except for
the automatic extended reporting period coverage (required by section
73.3[d] of this
Part), unless the insured purchases additional extended reporting period
coverage;
(4) the length of any
automatic or additional extended reporting period coverage and, unless such
coverage is for an unlimited time period, there shall also be a statement
advising the insured specifically of potential coverage gaps that may arise
upon expiration of such extended reporting period coverage; and
(5) that, during the first several years of
the claims-made relationship, claims-made rates are comparatively lower than
occurrence rates, and that the insured can expect substantial annual premium
increases, independent of overall rate level increases, until the claims-made
relationship reaches maturity.
(b) Except as provided in subdivision (c) of this section:
(1) The declarations page, or an
addendum thereto, shall state the premium that will be charged for each
extended reporting period coverage option if the policy is terminated on the
next anniversary date.
(2) For a
policy subject to audit, retrospective rating or experience rating, the premium
stated on the declarations page, or an addendum thereto, for the extended
reporting period coverage may be the estimated premium.
(3) If there is a change in the policy
premium as a result of any change in the nature or extent of the risk during
the policy period, the insurer at the time of such change shall specify a
revised premium for the extended reporting period coverage.
(4) Alternatively, the insurer may specify
the percentage of the current policy's premium, using rates in effect on the
effective date of the policy, that will be charged for the extended reporting
period coverage in the event that the policy is terminated on the next
anniversary date.
(5) In the event
that extended reporting period coverage is issued pursuant to section
73.3(f) or (g) of
this Part, and the extended reporting period premium cannot be determined at
the time of issuance or renewal of the policy due to potential reduction of the
aggregate limit of liability by the time the policy terminates under section
73.3(h)(2) or (3)
of this Part, an insurer may provide the insured with a reasonable estimate of
the actual extended reporting period coverage premium to be charged. The actual
premium charged for the extended reporting period coverage shall not exceed 115
percent of the estimated amount.
(c) For policies meeting the requirements of paragraph (j)(2) of section 73.3 of this Part, and where the premium for the extended reporting period coverage will be determined pursuant to such paragraph, the declarations page, or an addendum thereto, shall state that:
(1) the rates for extended reporting
period coverage will be based on the rates in effect at the time of termination
of coverage;
(2) such rates may be
subject to substantial increase over the rates currently in effect;
(3) the average statewide percentage changes,
and the effective dates, of each rate revision for the particular type of
insurance which the insurer has implemented in this State during the five-year
period immediately preceding the effective date of the policy shall be provided
upon the written request of the insured; and
(4) such changes may or may not be indicative
of future rate changes.
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