N.Y. Insurance Law Section 3449
Wireless communications equipment insurance policies


(a)

In this section, the term “policy of wireless communications equipment insurance” means an insurance policy covering the kind of insurance described in subsection (1) of § 2131 (Limited license for rental vehicle companies, wireless communications equipment vendors and self-service storage companies)section two thousand one hundred thirty-one of this chapter.

(b)

(1) A group policy, and certificates issued thereunder, of wireless communications equipment insurance shall not be subject to the provisions of section three thousand four hundred twenty-five or three thousand four hundred twenty-six of this article.

(2)

An insurer shall not terminate or otherwise change the terms and conditions of a group policy of wireless communications equipment insurance, and certificates issued thereunder, except upon providing the policyholder and certificate holders with at least sixty days notice. If the insurer changes the terms and conditions, then the insurer shall provide the policyholder with a revised policy or endorsement and each certificate holder with a revised certificate or endorsement, an updated brochure or facsimile thereof and an explanation of the changes.

(3)

Notwithstanding paragraph two of this subsection, an insurer may terminate a certificate upon fifteen days notice for: (A) nonpayment of premium; or (B) discovery of fraud or material misrepresentation in obtaining the certificate or in the presentation of a claim thereunder.

(4)

Notwithstanding paragraph two of this subsection, an insurer may automatically terminate a certificate if the certificate holder: (A) ceases to have active telecommunications service with the wireless communications equipment vendor; or (B) exhausts the aggregate limit of liability, if any, under the certificate and the insurer sends notice of termination to the certificate holder within fifteen business days after exhaustion of the limit. However, if notice is not timely sent, coverage shall continue notwithstanding the aggregate limit of liability until the insurer sends notice of termination to the certificate holder.

(5)

Notwithstanding the provisions of subparagraph (B) of paragraph four of this subsection, upon the request of a certificate holder, the certificate holder’s coverage shall be eligible for reinstatement not more than twelve months following the date of exhaustion of the coverage limit in accordance with the terms of the policy and subject to the enrollment criteria then applicable to prospective certificate holders generally.

(6)

Where the group policy is terminated by the policyholder, the policyholder shall mail or deliver written notice to each certificate holder advising the certificate holder of the termination of the group policy and the effective date of termination. The written notice shall be mailed or delivered to the certificate holder at least thirty days prior to the termination.

(c)

Whenever notice is required pursuant to this section, it shall be in writing and mailed or delivered to the policyholder at the policyholder’s mailing address and to affected certificate holders at the certificate holders’ last known mailing addresses on file with the insurer. Every notice of termination shall specify the reason or reasons for termination.

(d)

(1) Notwithstanding subsection (c) of this section, an insurer shall not be required to give notice of termination to the certificate holder if the insurer has been advised by either the policyholder or another insurer that substantially similar coverage has been obtained from the other insurer without lapse of coverage.

(2)

A policyholder shall not be required to give notice of termination to a certificate holder if substantially similar coverage has been obtained from another insurer without lapse of coverage.

(e)

The superintendent may promulgate regulations regarding policies of wireless communications equipment insurance, including, but not limited to, regulations governing policy terms and conditions, and may establish other reasonable limitations.

Source: Section 3449 — Wireless communications equipment insurance policies, https://www.­nysenate.­gov/legislation/laws/ISC/3449 (updated Sep. 22, 2014; accessed Mar. 23, 2024).

3401
Insurable interest in property
3402
Executory contract not a change in interest, title or possession
3403
Anti-arson application
3404
Fire insurance contracts
3405
Fire insurance contract
3406
Copy of examination of insured to be delivered to insured
3407
Property insurance
3407–A
Property/casualty insurance contract and policy standard provisions
3408
Fire insurance
3409
Distribution of hazardous material report forms
3410
Fire insurance contract
3411
Automobile physical damage insurance covering private passenger automobiles
3412
Automobile physical damage insurance covering private passenger automobiles
3413
Standard claim forms for fire losses
3414
Reports by insurers of certain casualty loss on property owned or operated by religious organizations
3415
Supplemental claim form to be submitted for certain fire loss claims in excess of ten thousand dollars in a city with a population of one...
3420
Liability insurance
3421
Homeowners’ liability insurance
3422
Hate crimes
3425
Certain property/casualty insurance policies
3426
Commercial lines insurance
3427
Gap insurance
3428
Cancellation of insurance contracts
3429
Geographical location of risks
3429–A
Geographical location of risks in area serviced by a volunteer fire department
3430
Right of insured, agent or broker aggrieved on basis of geographical location of property or risks
3431
Immunity
3432
Immunity
3433
Termination of contracts or accounts of licensed agents or brokers
3434
Motor vehicle insurance policies
3435
Group property/casualty insurance
3435–A
Motor vehicle insurance policies
3436
Medical malpractice insurance
3436*2
Group credit unemployment insurance and individual credit unemployment insurance
3436–A
Adverse action against legal reproductive health care or gender-affirming care
3439
Reinsurance contracts excepted
3440
Insurance covering private passenger motor vehicles
3442
Credit card, debit card, or checking account group policies
3443
Workers’ compensation and employers’ liability insurance
3444
Flood insurance notice
3445
Windstorm insurance notice
3446
Product or system group insurance policies
3447
Qualification of environmental remediation insurance for tax credit
3448
Involuntary unemployment insurance policies
3449
Wireless communications equipment insurance policies
3450
Insurance for expenses incurred as a result of an act or threatened act of violence
3451
Identity theft group insurance policies
3451*2
Regulations
3452
Group property travel insurance policies
3453
Group policy for service providers listed in a commercial directory
3453*2
Self-service storage company group insurance policies
3453*3
Employer sponsored group personal excess insurance
3454
Sponsored group personal insurance
3455
Transportation network company group insurance policies
3456
Prohibition against cancellation of policy when motor vehicle is used or operated through a transportation network company program
3457
Group insurance policies for certain for hire motor vehicles
3458
Electronic notices and documents
3458*2
Group insurance for peer-to-peer car sharing programs
3459
Car share exclusions for motor vehicle insurance policies
3460
Prohibition against cancellation of policy when motor vehicle is used or operated through a peer-to-peer car sharing program
3461
Notice of claim

Accessed:
Mar. 23, 2024

Last modified:
Sep. 22, 2014

§ 3449’s source at nysenate​.gov

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