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This entry was published on 2017-06-30
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Insurance provisions
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 8, ARTICLE 44-B
§ 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

(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

(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.