2013 New York Consolidated Laws
ISC - Insurance
Article 34 - (3401 - 3454) INSURANCE CONTRACTS-PROPERTY/CASUALTY
3452 - Group property travel insurance policies.

 
    §  3452.  Group  property  travel  insurance  policies. (a)(1) A group
  property travel insurance policy, and certificates  thereunder,  may  be
  issued or delivered in this state only in accordance with the provisions
  of this section.
    (2)  A  group  property  travel  insurance  policy,  and  certificates
  thereunder, may be issued only by an authorized insurer.
    (3) The policy may be issued to:
    (A) any railroad company, steamship company, carrier  by  air,  public
  bus  carrier,  or  other  common  carrier  of passengers, which shall be
  deemed the policyholder, where the policy insures its passengers; or
    (B) any other group where  the  superintendent  has  determined  in  a
  regulation  that the members are engaged in a common enterprise, or have
  an economic or social affinity or relationship, and that the issuance of
  the policy would not be contrary to the best interests of the public.
    (4) The policy  may  provide  coverage  for  trip  cancellation,  trip
  interruption,  baggage,  and personal effects when limited to a specific
  trip. The  policy  shall  be  sold  in  connection  with  transportation
  provided  by  the  common  carrier  or,  with respect to other groups as
  permitted by the superintendent in accordance with subparagraph  (B)  of
  paragraph three of this subsection, subject to such limitations provided
  in the regulation promulgated by the superintendent.
    (5)  Coverage  under the policy shall be limited to the group member's
  risks with respect to a particular trip.
    (6) A person shall not be required to purchase any product or  service
  to be eligible for group property travel insurance coverage, or required
  to  purchase  coverage as a condition of becoming a passenger or a group
  member.
    (b) An insurer shall treat in a like manner all eligible group members
  of the same class.
    (c) A group travel insurance policy or certificate issued  thereunder,
  shall  not be subject to section three thousand four hundred twenty-five
  or section three thousand four hundred twenty-six of this  article.  The
  following   requirements   shall  apply  with  regard  to  cancellation,
  nonrenewal, or conditional renewal of coverage:
    (1) Unless the group policy provides for a longer policy  period,  the
  policy shall be issued or renewed for a one-year policy period.
    (2)  An  insurer  may  cancel  a group policy, only if cancellation is
  based upon one or more of the reasons set  forth  in  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
  shall not constitute the basis for cancellation of the policy.
    (3) An insurer's cancellation, nonrenewal, or conditional renewal of a
  group policy shall not become effective until at least sixty days  after
  the  insurer  mails  or  delivers  written  notice  of the cancellation,
  nonrenewal, or conditional renewal to  the  group  policyholder  at  the
  mailing  address  shown in the policy. For purposes of this section, the
  term "conditional renewal" shall mean a renewal that is conditioned upon
  change of limits, change in type of coverage, reduction  or  elimination
  of  coverage,  increased  deductible  or  addition  of  exclusion, or an
  increase in premiums in excess of ten percent per group member.
    (4) Every notice of cancellation, nonrenewal, or  conditional  renewal
  shall  set  forth  the  specific  reason  or  reasons  for cancellation,
  nonrenewal, or conditional renewal.
    (5) A group policyholder may cancel the group policy  for  any  reason
  upon thirty days written notice to the insurer.
    (6)  Any  certificate  in  effect  when the group policy is cancelled,
  nonrenewed or otherwise terminated shall continue to be  in  effect  for
  the period of coverage specified in the certificate.

    (7)  (A)  An  insurer  may  terminate  a certificate upon fifteen days
  notice for:
    (i) nonpayment of premium; or
    (ii) discovery of fraud or material misrepresentation in obtaining the
  certificate or in the presentation of a claim thereunder.
    (B) The coverage shall terminate as provided in the certificate, which
  shall in no event be later than the conclusion of the trip.
    (d)  The superintendent may promulgate regulations pertaining to group
  property travel insurance, including regulations regarding: payments  of
  dividends  or retrospective premium refunds; minimum provisions; minimum
  number of group members; and other reasonable limitations.