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N.Y. Ins. Law § 3459

Car share exclusions for motor vehicle insurance policies

Redline — January 1, 2022 → current.View current text →
Current — January 1, 2023
As of January 1, 2022
* § 3459. Car share exclusions for personal motor vehicle liability\ninsurance policies. (a) The definitions set forth in section three\nthousand four hundred fifty-seven of this article shall apply to this\nsection.\n (b) Notwithstanding any other provision of law to the contrary, the\nshared vehicle owner's personal motor vehicle insurer may exclude any\nand all coverage afforded under the policy issued to the shared vehicle\nowner for any loss or injury that occurs during the car sharing period\nincluding:\n (1) liability coverage for bodily injury and property damage;\n (2) coverage provided pursuant to article fifty-one of this chapter;\n (3) uninsured motorist coverage;\n (4) supplementary uninsured/underinsured motorist coverage; and\n (5) motor vehicle physical damage coverage as described in paragraph\nnineteen of subsection (a) of section one thousand one hundred thirteen\nof this chapter.\n (c) The shared vehicle owner's personal motor vehicle insurer shall\nnotify the shared vehicle owner that there is no duty to defend or\nindemnify any person or organization for the liability for any loss that\nshall occur during the peer-to-peer car sharing period.\n (d) Nothing in this article shall invalidate or limit an exclusion\ncontained in a motor vehicle liability insurance policy, including any\ninsurance policy in use or approved for use that shall exclude coverage\nfor motor vehicles made available for rent, sharing, hire or any\nbusiness use.\n * NB Effective March 22, 2022\n
§ 3459. Car share exclusions for motor vehicle insurance policies. (a)\nThe definitions set forth in section three thousand four hundred\nfifty-eight of this article shall apply to this section.\n (b) Notwithstanding any other provision of law to the contrary, the\nshared vehicle owner's policy of liability insurance or other motor\nvehicle insurance may exclude any and all coverage afforded under the\npolicy issued to the shared vehicle owner for any loss, death, or injury\nthat occurs during the car sharing period including:\n (1) liability coverage for bodily injury and property damage;\n (2) coverage provided pursuant to article fifty-one of this chapter;\n (3) uninsured motorist coverage;\n (4) supplementary uninsured/underinsured motorist coverage; and\n (5) motor vehicle physical damage coverage as described in paragraph\nnineteen of subsection (a) of section one thousand one hundred thirteen\nof this chapter.\n (c) The shared vehicle owner's motor vehicle insurer shall notify the\nshared vehicle owner that there is no duty to defend or indemnify any\nperson or entity for the liability for any loss, death, or injury that\nshall occur during the peer-to-peer car sharing period.\n (d) Nothing in this article shall invalidate or limit an exclusion\ncontained in a motor vehicle insurance policy, including any insurance\npolicy in use or approved for use that shall exclude coverage for motor\nvehicles made available for rent, sharing, hire or any business use.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.