2020 New York Laws
ISC - Insurance
Article 34 - Insurance Contracts-Property/casualty
3457 - Group Fleet Policy for Motor Vehicles Engaged in the Business of Carrying or Transporting Passengers For-Hire.

Universal Citation: NY Ins L § 3457 (2020)
§  3457. Group fleet policy for motor vehicles engaged in the business
of  carrying  or  transporting  passengers  for-hire.  (a)   (i)   Every
authorized  insurer  that  issues or issues for delivery in this state a
policy  of  commercial  risk  insurance  insuring  against   losses   or
liabilities  arising  out of the ownership, operation, or use of a motor
vehicle, shall establish and offer a group fleet policy insuring against
the losses or liabilities arising out of the ownership of motor vehicles
engaged in the business of carrying or transporting passengers for-hire,
having a seating capacity of not less than eight passengers. Such  group
fleet  policy  shall  provide coverage for more than one vehicle through
one policy. Such group fleet policies shall  be  subject  to  all  laws,
rules   and  regulations  applicable  to  policies  of  commercial  risk
insurance insuring against losses or  liabilities  arising  out  of  the
ownership,  operation, or use of a motor vehicle engaged in the business
of carrying  or  transporting  passengers  for-hire,  having  a  seating
capacity of not less than eight passengers, including but not limited to
laws,   rules  and  regulations  establishing  financial  responsibility
requirements.

(ii) For the purpose of this section, a "group fleet policy" shall mean, a policy issued by an authorized insurer in this state insuring against losses or liabilities arising out of ownership, operation, or use of a motor vehicle engaged in the business of carrying or transporting passengers for-hire, having a seating capacity of not less than eight passengers, and such policy shall cover more than one vehicle.

(b) The group fleet policy may be issued to:

(i) Any person, firm, association, corporation or other entity which shall be deemed the policyholder, where the policy insures the for-hire motor vehicles owned by such person, firm, association, corporation or other entity; or

(ii) An association where such association shall be deemed the policyholder; where all the eligible members of the association have the same profession, trade, or occupation, and the association has been organized and maintained in good faith for purposes principally other than that of obtaining insurance, and has been in active existence for at least two years, and where the policy insures the members of the association.

(c) An authorized insurer issuing policies pursuant to this section shall provide a multiple vehicle reduction based on the number of motor vehicles that will be covered under such policy. Such reduction shall be based on actuarially appropriate reductions as provided for in subsection (e) of this section. Each insurer required to provide such reduction shall submit a report to the superintendent at the end of each calendar year identifying the number of policies eligible for such discount and the number of policies to which such discount has been applied.

(d) A member of an association shall not be deemed to be an employee of such association solely because such member is covered under a group fleet policy issued to an association pursuant to this section.

(e) Authorized insurers required to establish group fleet policies pursuant to this section shall make such policies available for purchase no later than January first, two thousand twenty-one.

(f) The superintendent shall provide for an actuarially appropriate reduction in the rates of premiums for commercial risk insurance applicable to motor vehicles engaged in the business of carrying or transporting passengers for-hire, having a seating capacity of not less than eight passengers, for policies that provide coverage for multiple vehicles. Nothing in this section shall be construed to authorize any increase in premium rates for any other policy issued by such authorized insurer as a result of any group fleet policy premium rate.

(g) The superintendent may promulgate any rules and regulations necessary to implement the provisions of this section.

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