N.Y. Vehicle & Traffic Law § 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.