N.Y. Insurance Law Section 3459
Car share exclusions for motor vehicle insurance policies

(a)

The definitions set forth in § 3458 (Electronic notices and documents)section three thousand four hundred fifty-eight of this article shall apply to this section.

(b)

Notwithstanding any other provision of law to the contrary, the shared vehicle owner’s policy of liability insurance or other motor vehicle insurance may exclude any and all coverage afforded under the policy issued to the shared vehicle owner for any loss, death, or injury that occurs during the car sharing period including:

(1)

liability coverage for bodily injury and property damage;

(2)

coverage provided pursuant to article 51 (Comprehensive Motor Vehicle Insurance Reparations)article fifty-one of this chapter;

(3)

uninsured motorist coverage;

(4)

supplementary uninsured/underinsured motorist coverage; and

(5)

motor vehicle physical damage coverage as described in paragraph nineteen of subsection (a) of § 1113 (Kinds of insurance authorized)section one thousand one hundred thirteen of this chapter.

(c)

The shared vehicle owner’s motor vehicle insurer shall notify the shared vehicle owner that there is no duty to defend or indemnify any person or entity for the liability for any loss, death, or injury that shall occur during the peer-to-peer car sharing period.

(d)

Nothing in this article shall invalidate or limit an exclusion contained in a motor vehicle insurance policy, including any insurance policy in use or approved for use that shall exclude coverage for motor vehicles made available for rent, sharing, hire or any business use.

Source: Section 3459 — Car share exclusions for motor vehicle insurance policies, https://www.­nysenate.­gov/legislation/laws/ISC/3459 (updated Jun. 24, 2022; accessed Oct. 26, 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 3462
Affordable housing underwriting and rating
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Jun. 24, 2022

§ 3459’s source at nysenate​.gov

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