11 CRR-NY 67.6NY-CRR
11 CRR-NY 67.6
11 CRR-NY 67.6
67.6 Standards for suspension of private passenger automobile physical damage insurance.
(a) If the named insured fails to make the insured automobile available for the mandatory inspection prior to expiration of the deferral period specified in section 67.4(b) of this Part, then automobile physical damage insurance on the insured automobile shall be suspended at 12:01 a.m. of the day following the 14th calendar day after the effective date of coverage.
(1) If the named insured makes his or her automobile available for the inspection after the automobile physical damage insurance has been suspended, then the insurer shall accept the inspection and reinstate the automobile physical damage insurance effective as of the date and time of the inspection.
(2) For the purposes of sections 3425 and 3426 of the Insurance Law, reinstatement of automobile physical damage insurance shall not be considered new business.
(b) Whenever automobile physical damage insurance is suspended for more than 10 calendar days, an insurer shall make a pro rata premium adjustment (return premium or credit), which the insurer shall mail, deliver, transmit or credit to the named insured no later than 45 calendar days after the effective date of automobile physical damage insurance suspension.
(c) After an insurer suspends a named insured’s automobile physical damage insurance, the insurer shall mail, deliver or transmit the prescribed Confirmation of Suspension of Physical Damage Coverage (NYS APD form C) contained in section 67.12 of this Part, or a substantially equivalent form, to the named insured, with a copy to the producer of record and any lienholders, no later than 20 calendar days after the effective date of automobile physical damage insurance suspension.
(1) The insurer shall retain proof of mailing, delivery or transmittal of the confirmation to the named insured in the named insured’s policy record, in accordance with Part 243 of this Title (Regulation 152).
(2) An insurer's failure to comply with the provisions of this paragraph shall not restore automobile physical damage insurance.
(3) This subdivision shall not apply if the automobile is made available for inspection by an insurer’s authorized representative prior to the actual date of mailing, delivery or transmittal of the Confirmation of Suspension of Physical Damage Coverage (NYS APD form C) or a substantially equivalent form.
(d) An insurer shall not suspend a named insured’s automobile physical damage insurance if the named insured did not make the insured automobile available for inspection due to the insurer’s failure to:
(1) properly notify the named insured of the inspection requirement;
(2) mail, deliver or otherwise transmit the Confirmation of Physical Damage Coverage Notice of Mandatory Photo Inspection Requirement (NYS APD form B) or a substantially equivalent form to the named insured; or
(3) obtain the signed Acknowledgment of Requirement for Photo Inspection (NYS APD form D) or a substantially equivalent form from the named insured.
11 CRR-NY 67.6
Current through May 31, 2021
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.