NY Insurance Law

Article 53,
Motor vehicle insurance
assigned risk plans

        Section 
        5301. Participation in assigned risk plans.
        5302. Administration.
        5303. Coverage.
        5304. Appeals; process of claims.

  S 5301. Participation in assigned risk plans. (a) All insurers
licensed to write motor vehicle insurance in this state shall subscribe
to and participate in the reasonable plan or plans, approved, or which
may be approved, by the superintendent after consultation with such
insurers, for equitable apportionment among such insurers of applicants
for such insurance who are in good faith entitled to but are unable to
procure it through ordinary methods.
  (b) Amendments to the plan may be made by the committee designated to
administer the plan, subject to the approval of the superintendent, or
shall be made at the direction of the superintendent.

  S 5302. Administration. (a) In addition to the members of the
committee elected by the subscribers to administer the plan, the
superintendent shall appoint annually two additional members who shall
be duly licensed insurance agents or brokers representative of broad
segments of the public obtaining insurance through the plan.
  (b) Such committee shall establish for the benefit of applicants
standards of service of participating insurers including timely issuance
of policies, certificates and endorsements, financial security forms,
and the collection of required deposits.

  S 5303. Coverage. (a) Any such plan shall provide for availability to
applicants of motor vehicle insurance coverages for:
  (1) legal liability, up to fifty thousand dollars because of bodily
injury to or death of one person in any one accident and, subject to
such limit for one person, up to one hundred thousand dollars because of
bodily injury to or death of two or more persons in any one accident,
and up to ten thousand dollars because of injury to or destruction of
property of others in any one accident; and
  (2) loss or damage to an automobile insured under a policy, up to ten
thousand dollars actual cash value, subject to a deductible of not less
than one hundred dollars; provided, however, that the physical damage
insurance for a private passenger automobile shall be subject to all of
the provisions of sections two thousand three hundred thirty-seven,
three thousand four hundred eleven and three thousand four hundred
thirty-two of this chapter; and
  (3) medical payments with respect to private passenger motor vehicles
not for hire, irrespective of the legal liability of the insured,
because of bodily injury to or death of any person insured thereunder,
up to one thousand dollars; and
  (4) supplementary uninsured motorists insurance, as defined in
subsection (f) of section three thousand four hundred twenty of this
chapter.
  (b) Any such plan shall provide for availability to applicants of
twice the dollar level of first party benefits prescribed in section
five thousand one hundred three of this chapter; and commensurate first
party benefits for personal injury arising out of the use or operation
of a motor vehicle in any other state or Canadian province.
  (c) Such plan shall provide for the method of classifying risks,
establishing territories and making rates applicable thereto. Such
rates, except with respect to rates for the minimum limits of insurance
required by article six or seven of the vehicle and traffic law, shall
be based upon loss and expense experience of the risks insured pursuant
to the plan.

  S 5304. Appeals; process of claims. (a) Any applicant for insurance
through a plan governed by this article, any person insured under such
plan and any insurer affected may appeal to the superintendent from any
ruling or decision of the manager or committee.
  (b) All participating insurers shall maintain an office in this state
or establish a communications system by direct toll free telephone line,
or otherwise, to conveniently process claims of the insureds.

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