S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8304--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 27, 2023
                                ___________
 
 Introduced  by  M.  of  A.  WEPRIN,  STERN, BLANKENBUSH -- read once and
   referred to the Committee on Insurance -- recommitted to the Committee
   on Insurance in accordance with Assembly Rule 3, sec. 2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee -- reported and referred to the Committee on Codes
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN  ACT  to  amend  the  insurance law, in relation to wireless communi-
   cations equipment insurance
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 3449 of the insurance law, as added by chapter 426
 of the laws of 2005, is amended to read as follows:
   § 3449. Wireless communications equipment insurance policies.  (a)  In
 this section[, the term "policy]:
   (1)  "POLICY  of wireless communications equipment insurance" means an
 insurance policy covering the kind of insurance described in [subsection
 (1)] PARAGRAPH TWO OF SUBSECTION (D) of section two thousand one hundred
 thirty-one of this chapter.
   (2) "WIRELESS COMMUNICATIONS EQUIPMENT" SHALL HAVE THE SAME MEANING AS
 DESCRIBED IN SECTION TWO THOUSAND ONE HUNDRED THIRTY-ONE OF  THIS  CHAP-
 TER.
   (3)  "WIRELESS  COMMUNICATIONS EQUIPMENT PROTECTION PLAN MEMBER" MEANS
 ANY  INDIVIDUAL  WHO  PURCHASED  A  WIRELESS  COMMUNICATIONS   EQUIPMENT
 PROTECTION  PLAN  AND  SUCH WIRELESS COMMUNICATIONS PROTECTION EQUIPMENT
 PLAN HAS NOT EXPIRED OR BEEN TERMINATED.
   (4) "WIRELESS  COMMUNICATIONS  EQUIPMENT  PROTECTION  PLAN"  MEANS  AN
 OPTIONAL  PLAN  OFFERED  FOR SALE BY A WIRELESS COMMUNICATIONS EQUIPMENT
 VENDOR LICENSED PURSUANT TO SECTION TWO THOUSAND ONE HUNDRED  THIRTY-ONE
 OF THIS CHAPTER AND THE PLAN PROVIDES:
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13527-07-4
 A. 8304--B                          2
              
             
                          
                 
   (A)  A  POLICY OF WIRELESS COMMUNICATIONS EQUIPMENT INSURANCE COVERING
 THE WIRELESS COMMUNICATIONS EQUIPMENT UNDER A GROUP  POLICY  SUBJECT  TO
 THIS  SECTION  WHERE THE WIRELESS COMMUNICATIONS EQUIPMENT VENDOR IS THE
 GROUP POLICYHOLDER;
   (B)  A  SERVICE CONTRACT SUBJECT TO ARTICLE SEVENTY-NINE OF THIS CHAP-
 TER, PROVIDED THAT THE SERVICE CONTRACT PROVIDER OR ITS AFFILIATE  RECY-
 CLES,  REUSES,  OR  DISPOSES  THE  WIRELESS  COMMUNICATIONS EQUIPMENT IN
 ACCORDANCE WITH SECTION 27-2303 OF THE ENVIRONMENTAL  CONSERVATION  LAW,
 AS  ADDED  BY  CHAPTER  SEVEN HUNDRED THIRTY OF THE LAWS OF TWO THOUSAND
 SIX; AND
   (C) MAY INCLUDE ONE OR MORE OF THE FOLLOWING:
   (I) A WIRELESS COMMUNICATIONS EQUIPMENT UPGRADE PROGRAM, PROVIDED THAT
 THE PROGRAM RECYCLES, REUSES, OR DISPOSES  THE  WIRELESS  COMMUNICATIONS
 EQUIPMENT  IN  ACCORDANCE  WITH  SECTION  27-2303  OF  THE ENVIRONMENTAL
 CONSERVATION LAW, AS ADDED BY CHAPTER SEVEN HUNDRED THIRTY OF  THE  LAWS
 OF TWO THOUSAND SIX;
   (II)  TECHNICAL  SUPPORT  WITH  RESPECT TO THE WIRELESS COMMUNICATIONS
 EQUIPMENT; AND
   (III) ANY OTHER SERVICES RELATED TO THE USE OF THE  WIRELESS  COMMUNI-
 CATIONS  EQUIPMENT  THAT  THE  SUPERINTENDENT DEEMS TO BE MEANINGFUL AND
 APPROPRIATE, IN ACCORDANCE WITH SUBSECTION (H) OF THIS SECTION.
   (5) "WIRELESS COMMUNICATIONS EQUIPMENT VENDOR" MEANS A RETAIL  SELLER,
 MANUFACTURER  OR DISTRIBUTOR OF THE WIRELESS COMMUNICATIONS EQUIPMENT OR
 THE ENTITY PROVIDING THE TELECOMMUNICATIONS  SERVICE  THAT  IS  LICENSED
 PURSUANT TO SECTION TWO THOUSAND ONE HUNDRED THIRTY-ONE OF THIS CHAPTER.
   (b) (1) A GROUP POLICY OF WIRELESS COMMUNICATIONS EQUIPMENT INSURANCE,
 AND  CERTIFICATES ISSUED THEREUNDER, MAY BE ISSUED ONLY BY AN AUTHORIZED
 INSURER.
   (2) A GROUP POLICY OF WIRELESS COMMUNICATIONS EQUIPMENT INSURANCE  MAY
 ONLY BE ISSUED TO A WIRELESS COMMUNICATIONS EQUIPMENT VENDOR.
   (3)  A GROUP POLICY OF WIRELESS COMMUNICATIONS EQUIPMENT INSURANCE MAY
 BE OFFERED AS PART OF A  WIRELESS  COMMUNICATIONS  EQUIPMENT  PROTECTION
 PLAN,  PROVIDED THAT THE WIRELESS COMMUNICATIONS EQUIPMENT VENDOR AT THE
 SAME TIME ALSO OFFERS THE  WIRELESS  COMMUNICATION  EQUIPMENT  INSURANCE
 FROM  THE  SAME INSURER ON A STAND-ALONE BASIS. THE STAND-ALONE WIRELESS
 COMMUNICATION EQUIPMENT INSURANCE COVERAGE MAY BE  ISSUED  EITHER  ON  A
 GROUP OR INDIVIDUAL BASIS.
   (C)  WHERE  A GROUP POLICY OF WIRELESS COMMUNICATIONS EQUIPMENT INSUR-
 ANCE  IS  PROVIDED  AS  PART  OF  A  WIRELESS  COMMUNICATIONS  EQUIPMENT
 PROTECTION  PLAN,  THE  PREMIUM  FOR THE GROUP POLICY, INCLUDING CERTIF-
 ICATES, MAY BE PAID BY THE GROUP POLICYHOLDER FROM FUNDS CONTRIBUTED:
   (1) WHOLLY BY THE GROUP POLICYHOLDER;
   (2) WHOLLY BY THE WIRELESS COMMUNICATIONS  EQUIPMENT  PROTECTION  PLAN
 MEMBERS; OR
   (3)  JOINTLY  BY  THE  GROUP  POLICYHOLDER AND WIRELESS COMMUNICATIONS
 EQUIPMENT PROTECTION PLAN MEMBERS.
   (D) FOR THE PURPOSES OF THIS SECTION, A WIRELESS COMMUNICATIONS EQUIP-
 MENT PROTECTION PLAN MEMBER SHALL BE A CERTIFICATE  HOLDER  OF  WIRELESS
 COMMUNICATIONS  INSURANCE  AND  A  SERVICE CONTRACT HOLDER AS DEFINED IN
 SECTION SEVEN THOUSAND NINE HUNDRED TWO OF THIS CHAPTER.
   (E) (1) A group policy OF WIRELESS COMMUNICATIONS EQUIPMENT INSURANCE,
 and certificates issued thereunder, [of wireless  communications  equip-
 ment  insurance] shall not be subject to the provisions of section three
 thousand four hundred twenty-five or three thousand four  hundred  twen-
 ty-six of this article.
 A. 8304--B                          3
 
   (2)  An  insurer shall not terminate or otherwise change the terms and
 conditions of a group policy of wireless communications equipment insur-
 ance, and certificates issued thereunder, WHETHER OFFERED ON A STAND-AL-
 ONE BASIS OR AS PART OF A WIRELESS COMMUNICATIONS  EQUIPMENT  PROTECTION
 PLAN,  except  upon  providing  the policyholder and certificate holders
 with at least sixty days notice. If the insurer changes  the  terms  and
 conditions,  then  the  insurer  shall  provide  the policyholder with a
 revised policy or endorsement and each certificate holder with a revised
 certificate or endorsement, an updated brochure or facsimile thereof and
 an explanation of the changes.
   (3) Notwithstanding paragraph two of this subsection, an  insurer  may
 terminate a certificate upon fifteen days notice for:
   (A) nonpayment of premium; or
   (B)  discovery of fraud or material misrepresentation in obtaining the
 certificate or in the presentation of a claim thereunder.
   (4) Notwithstanding paragraph two of this subsection, an  insurer  may
 automatically terminate a certificate if the certificate holder:
   (A) ceases to have active telecommunications service with the wireless
 communications equipment vendor; or
   (B)  exhausts  the  aggregate  limit  of  liability, if any, under the
 certificate and the insurer sends notice of termination to  the  certif-
 icate holder within fifteen business days after exhaustion of the limit.
 However,  if notice is not timely sent, coverage shall continue notwith-
 standing the aggregate limit of liability until the insurer sends notice
 of termination to the certificate holder.
   (5) NOTWITHSTANDING PARAGRAPH TWO OF THIS SUBSECTION, AN  INSURER  MAY
 TERMINATE  A  CERTIFICATE OF WIRELESS COMMUNICATIONS EQUIPMENT INSURANCE
 UPON THE TERMINATION OF A WIRELESS COMMUNICATIONS  EQUIPMENT  PROTECTION
 PLAN  BY A WIRELESS COMMUNICATIONS EQUIPMENT PROTECTION PLAN MEMBER WHEN
 THE INSURANCE IS PROVIDED AS PART OF SUCH A PLAN PROGRAM AND  THE  WIRE-
 LESS  COMMUNICATIONS  EQUIPMENT PROTECTION PLAN MEMBER HAD BEEN PROVIDED
 CLEAR AND EXPRESS NOTICE  IN  THE  PLAN  DOCUMENTS  WHEN  THE  PLAN  WAS
 INITIALLY  PURCHASED  THAT  THE  CERTIFICATE  OF WIRELESS COMMUNICATIONS
 EQUIPMENT INSURANCE WILL CEASE UPON TERMINATION OF THE WIRELESS COMMUNI-
 CATIONS EQUIPMENT PROTECTION PLAN PROGRAM. THE INSURER  SHALL  GIVE  THE
 WIRELESS  COMMUNICATIONS  EQUIPMENT PROTECTION PLAN MEMBER THE OPTION TO
 PURCHASE A POLICY OF WIRELESS COMMUNICATIONS INSURANCE ON A  STAND-ALONE
 BASIS.
   (6)  Notwithstanding  the  provisions of subparagraph (B) of paragraph
 four of this subsection, upon the request of a certificate  holder,  the
 certificate  holder's  coverage  shall be eligible for reinstatement not
 more than twelve months following the date of exhaustion of the coverage
 limit in accordance with the terms of the  policy  and  subject  to  the
 enrollment  criteria  then applicable to prospective certificate holders
 generally.
   [(6)] (7) Where the group policy OF A WIRELESS  COMMUNICATIONS  EQUIP-
 MENT  INSURANCE,  WHETHER OFFERED ON A STAND-ALONE BASIS OR AS PART OF A
 WIRELESS COMMUNICATIONS PROTECTION EQUIPMENT PLAN, is terminated by  the
 policyholder,  the  policyholder shall mail or deliver written notice to
 each certificate holder advising the certificate holder  of  the  termi-
 nation  of  the  group policy and the effective date of termination. The
 written notice shall be mailed or delivered to the certificate holder at
 least thirty days prior to the termination.
   [(c)] (F) Whenever notice is required pursuant  to  this  section,  it
 shall  be  in writing and mailed or delivered to the policyholder at the
 policyholder's mailing address and to affected  certificate  holders  at
 A. 8304--B                          4
 
 the  certificate  holders' last known mailing addresses on file with the
 insurer OR DELIVERED BY ELECTRONIC MEANS PURSUANT TO SECTION THREE THOU-
 SAND FOUR HUNDRED FIFTY-EIGHT OF THIS CHAPTER.  Every notice  of  termi-
 nation shall specify the reason or reasons for termination.
   [(d)] (G) (1) Notwithstanding subsection [(c)] (F) of this section, an
 insurer  shall  not  be  required  to  give notice of termination to the
 certificate holder if the insurer has been advised by either the policy-
 holder or another insurer that substantially similar coverage  has  been
 obtained from the other insurer without lapse of coverage.
   (2) A policyholder shall not be required to give notice of termination
 to  a  certificate  holder  if  substantially  similar coverage has been
 obtained from another insurer without lapse of coverage.
   [(e)] (H) The  superintendent  may  promulgate  regulations  regarding
 policies  of wireless communications equipment insurance, including, but
 not limited to, regulations governing policy terms and  conditions,  THE
 INCLUSION   OF   SUCH  POLICIES  IN  WIRELESS  COMMUNICATIONS  EQUIPMENT
 PROTECTION PLANS,  TREATMENT  OF  DIVIDENDS,  and  may  establish  other
 reasonable limitations.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.