N.Y. Insurance Law § 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;

(B) an institution of higher education as provided in paragraph two of

subsection (a) of section three thousand two hundred forty of this

chapter; or

(C) 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) (A) Except as provided in subparagraph (B) of paragraph one of

subsection (a) of section three thousand two hundred forty of this

chapter, 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 (C) of

paragraph three of this subsection, subject to such limitations provided

in the regulation promulgated by the superintendent.

(B) A policy issued to an institution of higher education shall comply

with clause (V) of item (iv) of subparagraph (B) of paragraph one of

subsection (a) of section three thousand two hundred forty of this

chapter.

(5) Coverage under the policy shall be limited to the group member's

risks with respect to a particular trip, except a policy issued to an

institution of higher education shall comply with item (iv) of

subparagraph (B) of paragraph one of subsection (a) of section three

thousand two hundred forty of this chapter.

(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, except a

policy issued to an institution of higher education shall be issued or

renewed for a period consistent with item (iv) of subparagraph (B) of

paragraph one of subsection (a) of section three thousand two hundred

forty of this chapter.

(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, except

coverage under a policy issued to an institution of higher education as

provided in item (iv) of subparagraph (B) of paragraph one of subsection

(a) of section three thousand two hundred forty of this chapter shall

terminate in accordance with the provisions of that section.

(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.