2019 New York Laws
VAT - Vehicle and Traffic
Title 8 - Respective Powers of State and Local Authorities
Article 44-B - Transportation Network Company Services
1695 - Insurance Provisions.

§  1695.  Insurance  provisions.  1. Insurers that write motor vehicle
insurance in this state may, in the insurance policy,  exclude  any  and
all coverage afforded under the policy issued to an owner or operator of
a  TNC  vehicle for any loss or injury that occurs while a TNC driver is
logged on to a TNC's digital network or while a driver  provides  a  TNC
prearranged trip, including:
  (a) liability coverage for bodily injury and property damage;
  (b)  coverage  provided pursuant to article fifty-one of the insurance
law;
  (c) uninsured motorist coverage;
  (d) supplementary uninsured/underinsured motorist coverage; and
  (e) motor vehicle physical damage coverage as described  in  paragraph
nineteen  of subsection (a) of section one thousand one hundred thirteen
of the insurance law.
  2. Such exclusions shall apply notwithstanding any  requirement  under
the  law  to  the  contrary. Nothing in this section implies or requires
that an owner's policy of liability insurance  or  other  motor  vehicle
insurance  policy  provide coverage while the TNC driver is logged on to
the TNC's digital network, while the TNC driver  is  engaged  in  a  TNC
prearranged  trip  or  while the TNC driver otherwise uses or operates a
TNC vehicle to transport passengers for compensation.
  3. Nothing shall be deemed  to  preclude  an  insurer  from  providing
primary,  excess, or umbrella coverage for the TNC driver's TNC vehicle,
if it chose to do so by contract or endorsement.
  4. Motor vehicle insurers that exclude the coverage described in  this
article  shall  have  no duty to defend or indemnify any claim expressly
excluded  thereunder.  Nothing  in  this  article  shall  be  deemed  to
invalidate  or  limit  an  exclusion contained in a policy including any
policy in use or approved for use in this state prior to  the  effective
date of this section.
  5. A motor vehicle insurer that defends or indemnifies a claim against
a TNC driver that is excluded under the terms of its policy shall have a
right  of contribution against other insurers that provide motor vehicle
insurance  to  the  same  driver  in  satisfaction   of   the   coverage
requirements of the provisions of this article.
  6. In a claims coverage investigation, a TNC and any insurer providing
coverage under this article shall, within fifteen days after a claim has
been  filed,  facilitate  the  exchange  of  relevant  information  with
directly  involved  parties  and  any  insurer  of  the  TNC  driver  if
applicable,  including the precise times that a TNC driver logged on and
off of the TNC's digital network in the twelve hour  period  immediately
preceding  and  in  the  twelve  hour  period  immediately following the
accident and  disclose  to  one  another  a  clear  description  of  the
coverage,  exclusions  and  limits  provided  under  any  motor  vehicle
insurance maintained under this article.
  7. The superintendent of financial services may promulgate such  rules
and  regulations  that  the superintendent deems necessary to facilitate
the sharing of  information  between  insurers,  when  a  motor  vehicle
accident  occurs and at least one of the insurers is providing financial
responsibility coverage to a TNC vehicle pursuant to this article.
  8.  The  commissioner  shall  provide  relevant   insurance   coverage
information  required  by  this  article  to  the following persons upon
request:
  (a) a person to whom an accident report pertains or who  is  named  in
such report, or his or her authorized representative; and
  (b)  any  other person or his or her authorized representative who has
demonstrated to the satisfaction of the commissioner that such person is

or may be a party to a civil action arising out of the conduct described
in such accident report.