New York Laws
Article 34 - Insurance Contracts-Property/casualty
3455 - Transportation Network Company Group Insurance Policies.

(1) "Transportation network company" shall have the same meaning as
set forth in article forty-four-B of the vehicle and traffic law.
(2) "Certificate" or "certificate of insurance" means any policy,
contract or other evidence of insurance, or endorsement thereto, issued
to a group member under a transportation network company group policy.
(3) "Transportation network company group policy" or "group policy"
means a group policy, including certificates issued to the group
members, where the group policyholder is a transportation network
company and the policy provides insurance to the transportation network
company and to group members:
(A) in accordance with the requirements of article forty-four-B of the
vehicle and traffic law;
(B) of the type described in paragraph thirteen, fourteen, or nineteen
of subsection (a) of section one thousand one hundred thirteen of this
chapter; and
(C) in satisfaction of the financial responsibility requirements set
forth in section three thousand four hundred twenty of this article,
subdivision four of section three hundred eleven of the vehicle and
traffic law, article fifty-one of this chapter, and such other
requirements or regulations that may apply for the purposes of
satisfying the financial responsibility requirements with respect to the
use or operation of a motor vehicle.
(4) "Group member" means a transportation network company driver as
defined in article forty-four-B of the vehicle and traffic law.
(5) "Group policyholder" means a transportation network company.
(6) "TNC vehicle" shall have the meaning set forth in article
forty-four-B of the vehicle and traffic law.
(b) An insurer may issue or issue for delivery in this state a
transportation network company group policy to a transportation network
company as a group policyholder only in accordance with the provisions
of this section.
(c)(1) A transportation network company group policy shall provide
coverage for a TNC vehicle in accordance with the requirements of
article forty-four-B of the vehicle and traffic law.
(2) A transportation network company group policy may provide:
(A) coverage for limits higher than the minimum limits required
pursuant to article forty-four-B of the vehicle and traffic law.
(B) supplementary uninsured/underinsured motorists insurance for
bodily injury pursuant to paragraph two of subsection (f) of section
three thousand four hundred twenty of this article;
(C) supplemental spousal liability insurance pursuant to subsection
(g) of section three thousand four hundred twenty of this chapter; and
(D) motor vehicle physical damage coverage as described in paragraph
nineteen of subsection (a) of section one thousand one hundred thirteen
of this chapter.
(3) The coverage described in paragraphs one and two of this
subsection may be provided in one group policy or in separate group
policies.
(4) A transportation network company group policy, including
certificates, shall be issued by authorized insurers or from excess line
brokers pursuant to section sixteen six hundred ninety-three of the
vehicle and traffic law.
(5) A policyholder also may be an insured under a group policy.
(d) The premium for the transportation network company group policy,
including certificates may be paid by the group policyholder from the
funds contributed:
(1) wholly by the group policyholder;
(2) wholly by the group members; or
(3) jointly by the group policyholder and the group members.
(e) (1) Any policy dividend, retrospective premium credit, or
retrospective premium refund in respect of premiums paid by the group
policyholder may:
(A) be applied to reduce the premium contribution of the group
policyholder, but not in excess of the proportion to its contribution;
or
(B) be retained by the group policyholder.
(2) Any policy dividend, retrospective premium credit, or
retrospective premium refund not distributed under paragraph one of this
subsection shall be:
(A) applied to reduce future premiums and, accordingly, future
contributions, of existing or future group members, or both; or
(B) paid or refunded to those group members insured on the date the
payment or refund is made to the group policyholder, if distributed by
the group policyholder, or on the date of mailing, if distributed
directly by the insurer, subject to the following requirements:
(i) The insurer shall be responsible for determining the allocation of
the payment of refund to the group members;
(ii) If the group policyholder distributes the payment or refund, the
insurer shall be responsible for audit to ascertain that the payment or
refund is actually made in accordance with the allocation procedure; and
(iii) If the group policyholder fails to make the payment or refund,
the insurer shall make the payment or refund directly or use the method
provided in subparagraph (A) of this paragraph.
(3) Notwithstanding paragraphs one and two of this subsection, if a
dividend accrues upon termination of coverage under a transportation
network company group policy, the premium for which was paid out of
funds contributed by group members specifically for the coverage, the
dividend shall be paid or refunded by the group policyholder to the
group members insured on the date the payment or refund is made to the
group policyholder, net of reasonable expenses incurred by the group
policyholder in paying or refunding the dividend to such group members.
(4) For the purposes of this subsection, "dividend" means a return by
the insurer of a transportation network company group policy of excess
premiums to the group policyholder in light of favorable loss
experience, including retrospective premium credits or retrospective
premium refunds. The term "dividend" does not include reimbursements or
fees received by a group policyholder in connection with the operation
or administration of a transportation network company group policy,
including administrative reimbursements, fees for services provided by
the group policyholder, or transactional service fees.
(f) The insurer shall treat in like manner all eligible group members
of the same class and status.
(g) Each policy written pursuant to this section shall provide per
occurrence limits of coverage for each group member in an amount not
less than that required by this article, and may provide coverage for
limits higher than the minimum limits required under the law.
(h) (1) The insurer shall be responsible for mailing or delivery of a
certificate of insurance to each group member insured under the
transportation network company group policy, provided, however, that the
insurer may delegate the mailing or delivery to the transportation
network company. The insurer shall also be responsible for the mailing
or delivery to each group member of an amended certificate of insurance
or endorsement to the certificate, whenever there is a change in limits;
change in type of coverage; addition, reduction, or elimination of

coverage; or addition of exclusion, under the transportation network
company group policy or certificate.
(2) The certificate shall contain in substance all material terms and
conditions of coverage afforded to group members, unless the
transportation network company group policy is incorporated by reference
and a copy of the group policy accompanies the certificate.
(3) If any coverage afforded to the group member is excess of
applicable insurance coverage, the certificate shall contain a notice
advising the group members that, if the member has other insurance
coverage, specified coverages under the transportation network company
group policy will be excess over the other insurance.
(i) A group policyholder shall comply with the provisions of section
two thousand one hundred twenty-two of this chapter, in the same manner
as an agent or broker, in any advertisement, sign, pamphlet, circular,
card, or other public announcement referring to coverage under a
transportation network company group policy or certificate.
(j) A transportation network company group policy shall not be subject
to section three thousand four hundred twenty-five or section three
thousand four hundred twenty-six of this article; provided that the
following requirements shall apply with regard to termination of
coverage:
(1)(A) An insurer may terminate a group policy or certificate only if
cancellation is based on one or more of the reasons set forth in
subparagraph (A) through (D) or (F) through (H) of paragraph one of
subsection (c) of section three thousand four hundred twenty-six of this
article; provided, however, that an act or omission by a group member
that would constitute the basis for cancellation of an individual
certificate shall not constitute the basis for cancellation of the group
policy.
(B) Where the premium is derived wholly from funds contributed by the
group policyholder, an insurer may cancel an individual certificate only
if cancellation is based on one or more of the reasons set forth in
subparagraph (B), (C) or (H) of paragraph one of subsection (c) of
section three thousand four hundred twenty-six of this article.
(2) (A) An insurer's cancellation of a group policy, including all
certificates, shall not become effective until thirty days after the
insurer mails or delivers written notice of cancellation to the group
policyholder at the mailing address shown in the policy.
(i) Where all or part of the premium is derived from funds contributed
by the group member specifically for the coverage, the insurer shall
also mail or deliver written notice of cancellation of the group policy
to the group member at the group member's mailing address. Such
cancellation shall not become effective until thirty days after the
insurer mails or delivers the written notice to the group member.
(ii) Where none of the premium is derived from funds contributed by a
group member specifically for the coverage, the group policy holder
shall mail or deliver written notice to the group member advising the
group member of the cancellation of the group policy and the effective
date of cancellation. The group policy holder shall mail or deliver the
written notice within ninety days after receiving notice of cancellation
from the insurer.
(B) An insurer's cancellation of an individual certificate shall not
become effective until thirty days after the insurer mails or delivers
written notice of cancellation to the group member at the group member's
mailing address and to the group policyholder at the mailing address
shown in the group policy.
(3) (A) A group policyholder may cancel a group policy, including all
certificates, or any individual certificate, for any reason upon thirty
days written notice to the insurer and each group member; and
(B) The group policyholder shall mail or deliver written notice to
each affected group member of the group policyholder's cancellation of
the group policy or certificate and the effective date of cancellation.
The group policyholder shall mail or deliver the written notice to the
group member's mailing address at least thirty days prior to the
effective date of cancellation.
(4) (A) Unless a group policy provides for a longer policy period, the
policy and all certificates shall be issued or renewed for a one-year
policy period.
(B) The group policyholder shall be entitled to renew the group policy
and all certificates upon timely payment of the premium billed to the
group policyholder for the renewal, unless:
(i) the insurer mails or delivers to the group policyholder and all
group members written notice of nonrenewal, or conditional renewal; and
(ii) the insurer mails or delivers the written notice at least thirty,
but not more than one hundred twenty days prior to the expiration date
specified in the policy or, if no date is specified, the next
anniversary date of the policy.
(5) Where the group policyholder nonrenews the group policy, the group
policyholder shall mail or deliver written notice to each group member
advising the group member of nonrenewal of the group policy and the
effective date of nonrenewal. The group policyholder shall mail or
deliver written notice at least thirty days prior to the nonrenewal.
(6) Every notice of cancellation, nonrenewal, or conditional renewal
shall set forth the specific reason or reasons for cancellation,
nonrenewal, or conditional renewal.
(7) (A) An insurer shall not be required under this subsection to give
notice to a group member if the insurer has been advised by either the
group policyholder or another insurer that substantially similar
coverage has been obtained from the other insurer without lapse of
coverage.
(B) A group policyholder shall not be required under this subsection
to give notice to a group member if substantially similar coverage has
been obtained from another insurer without lapse of coverage.
(8) (A) If, prior to the effective date of cancellation, nonrenewal,
or conditional renewal of the group policy, or a certificate, whether
initiated by the insurer, group policyholder or by the group member in
regard to the group member's certificate, coverage attaches pursuant to
the terms of a group policy, then the coverage shall be effective until
expiration of the applicable period of coverage provided in the group
policy notwithstanding the cancellation, nonrenewal or conditional
nonrenewal of the group policy.
(B) Notwithstanding subparagraph (A) of this paragraph, an insurer may
terminate coverage under an individual certificate on the effective date
of cancellation, if the certificate is cancelled in accordance with the
provisions of subparagraph (B) of paragraph one of this subsection.
(k) Any mailing or delivery to a group member required or permitted
under this section may be made by electronic mail if consent to such
method of delivery has been previously received from such group member.
(l) An insurer may issue a transportation network company group policy
to a transportation network company, notwithstanding that it may be a
condition of operating a vehicle on the transportation network company's
digital network for the TNC driver to participate in such group policy.
(m) An insurer shall not include a mandatory arbitration clause in a
policy that provides financial responsibility coverage under this

section except as permitted in section five thousand one hundred five of
the insurance law.

Structure New York Laws