NEW YORK STATE DEPARTMENT OF FINANCIAL SERVICES

 

REGULATION NO. 86

11 NYCRR PART 16

SPECIAL RISK INSURANCE

 

ELANY has compiled and consolidated Regulation 86 (11 NYCRR 16), inclusive of amendments 1 through 7. ELANY has made every effort to make certain that the transcribed and consolidated amendments are correct.  However, this is an unofficial publication of the information provided.

Last reviewed/updated 05/31/2018

Section 16.0 Introduction.

This Part implements article 63 of the Insurance Law and establishes methods, procedures and reports for licensing, facilitating, monitoring and verifying compliance with the requirements of the Insurance Law. In effect, article 63 allows special risks that are jumbo in dimensions or exotic in nature to be written, free of filing rates or policy forms with the superintendent, in what is sometimes called the "Free Trade Zone". In addition, article 63 allows certain coverage for "large commercial insureds" to be written as special risks. Although filing is not required except as specified in section 6303, rates and policy forms applied to special risks must still satisfy governing standards set forth in the Insurance Law and regulations.

 

Section 16.1 Definitions.

For purposes of this Part:

(a) Accident and health insurer has the meaning set forth in section 107(a)(1) of the Insurance Law.

(b) Authorized insurer has the meaning set forth in section 107(a)(10) of the Insurance Law.

(c) Large commercial insured has the meaning set forth in section 6303(b)(1) of the Insurance Law.

(d) Life insurer has the meaning set forth in section 107(a)(28) of the Insurance Law.

(e) Major type of insurance as used in this Part means the annual statement line of business based on the coverage part with the highest estimated premium at the time of issuance of the certificate of insurance.

(f) Medical malpractice insurance has the meaning set forth in section 5501(b) of the Insurance Law.

(g) Net premiums written means gross premiums (direct and assumed premiums, including policy and membership fees, less return premiums and premiums for policies not taken) less reinsurance ceded.

(h) Property/casualty insurer means an insurer licensed pursuant to article 41 or 61 of the Insurance Law.

(i) Special risk manager has the meaning set forth in section 6303(b)(2) of the Insurance Law.

(j) Special risk means:

(1) Class 1.

Where all or part of the insured's business operations, for which coverage is authorized by the kinds of insurance defined in section 1113(a) of the Insurance Law, is insured in a single policy written in accordance with section 6303 of the Insurance Law, and which is written with or is reasonably expected to produce a billed annual premium of at least:

(i) $100,000 for at least one kind of insurance; or

(ii) $150,000 for more than one kind of insurance where the premium for any one kind of insurance does not exceed $100,000.

(2) Class 2.

Coverages that are:

(i) of an unusual nature, a high loss hazard or difficult to place; and

(ii) enumerated in the list contained in section 16.12(e) of this Part, or additions thereto made pursuant to section 16.8(f) of this Part.

(3) Class 3. Coverage other than medical malpractice issued to a large commercial insured that employs or retains a special risk manager to assist in the negotiation and purchase of a policy exempted under this article, provided, however, that:

(i) the special risk manager is not employed by the insurer issuing the policy or any person in the insurer's holding company system; and

(ii) the special risk manager is licensed as an insurance producer in this State pursuant to Insurance Law article 21, unless exempted from licensing therein.

 

Section 16.2 Limitations on transactions.

(a) For property/casualty insurers:

(1)

(i) the insurer's net premiums written pursuant to section 6302 of the Insurance Law during the prior calendar year shall not exceed 75 percent of the surplus to policyholders, as reported in the insurer's annual statement filed with the superintendent for the corresponding calendar year;

(ii) the insurer's direct premiums written pursuant to section 6302 of the Insurance Law during the prior calendar year shall not exceed 75 percent of the surplus to policyholders, as reported in the insurer's annual statement filed with the superintendent for the corresponding calendar year; and

(iii) the insurer’s total net premiums written in the United States shall not exceed 200 percent of surplus to policyholders, as reported in the insurer's annual statement filed with the superintendent for the corresponding calendar year.

(2) An insurer may request the superintendent’s prior written approval to exceed the limitations specified in paragraph (1) of this subdivision. If the superintendent determines that it would not be harmful to policyholders or the people of this State, the superintendent may in such approval allow the insurer to exceed such limitations. The approval shall specify what limits may apply. In reviewing an application for such an approval, the superintendent shall consider:

(i) the market need for the coverage;

(ii) the insurer's financial condition;

(iii) the type of business to be written by the insurer within and without the insurer's holding company system, including a breakdown, by annual statement line of business, of business assumed and ceded within the insurer's holding company system;

(iv) the projected amounts of gross and net premiums to be written, by annual statement line of business, including a breakdown, by line of business, of the amounts of special risk premiums to be ceded to authorized special risk insurers; and

(v) other factors affecting the insurer’s compliance with applicable laws and regulations.

 

(b) For life and accident and health insurers:

(1) the insurer's net premiums written pursuant to section 6302 of the Insurance Law during the prior calendar year shall not, for any line of business written, exceed one percent of the insurer's total net premiums written as reported in the insurer’s annual statement filed with the superintendent for the corresponding calendar year for the same lines of business as reported in the gain and loss exhibit of the annual statement, separated into individual and group business; and

(2) the insurer’s direct premiums written pursuant to section 6302 of the Insurance Law during the prior calendar year shall not, for any line of business written, exceed one percent of the insurer's total net premiums written as reported in the insurer’s annual statement filed with the superintendent for the corresponding calendar year for the same lines of business as reported in the gain and loss exhibit of the annual statement, separated into individual and group business.

 

Section 16.3 Disclosure to insureds.

(a) The following notice shall appear conspicuously on the front page of each binder, policy, contract, rider or endorsement, and on all subsequent additions thereto, issued or renewed under class 1 or 2 pursuant to section 6303(a)(1) or (2) of the Insurance Law, provided, however, that such notice need not appear separately on a rider or endorsement issued contemporaneously with, and as part of, a policy or contract, if, in accordance with the provisions of Insurance Law section 6303(a)(1) or (2) and this Part, all such riders or endorsements, and the rates associated therewith have not been filed with, the superintendent:

NOTICE: THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK INSURANCE LAW AND REGULATIONS. HOWEVER, THE FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS.

 

(b) The following notice shall appear conspicuously on the front page of each binder, policy, contract, rider or endorsement, and on all subsequent additions thereto, issued or renewed under class 3 pursuant to section 6303(a)(3) of the Insurance Law, provided, however, that such notice need not appear separately on a rider or endorsement issued contemporaneously with, and as part of, a policy or contract, if, in accordance with the provisions of Insurance Law section 6303(a)(1) or (2) or (3) and this Part, all such riders or endorsements have in fact not been approved by, and the rates associated therewith have not been filed with, the superintendent:

NOTICE: THESE POLICY FORMS ARE NOT SUBJECT TO THE APPROVAL REQUIREMENTS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK INSURANCE LAW AND REGULATIONS. HOWEVER, THE FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS.

 

(c) Each “Notice” required by subdivision (a) or (b) of this section shall be in bold capital letters, no less than 14 point font, enclosed in a border.

 

Section 16.4 Policy forms and other standards.

(a) Every binder, policy, contract, rider and endorsement issued pursuant to section 6301 of the Insurance Law on special risks located or resident in New York State shall comply with minimum standard policy provisions of the Insurance Law and this Title.

(b) For a coverage coded as a class 3 risk pursuant to section 16.12 of this Part, the insurer shall electronically file with the superintendent a policy form that has not been previously filed with the superintendent. The insurer shall file the policy form in a form and manner acceptable to the superintendent, within three business days after first delivery of a policy using the form, but no later than 60 calendar days after the inception date of the policy.

(c)

(1) An insurer required to make a filing or a submission to the superintendent electronically pursuant to this Part may apply to the superintendent for an exemption from the electronic filing requirement by submitting a written request to the superintendent for approval at least 30 days in advance of making the filing or submission.

(2) The request for an exemption shall:

(i) identify the time period for which the insurer is requesting the exemption; and

(ii) specify whether the insurer is making the request for an exemption based upon undue hardship, impracticability, or good cause, and set forth a detailed explanation as to the reason that the superintendent should approve the request.

 

Section 16.5 Rate standards.

The rates applied to policies issued pursuant to section 6301 of the Insurance Law shall not be excessive, inadequate, unfairly discriminatory, destructive of competition, detrimental to insurer solvency, or otherwise unreasonable. Each insurer shall maintain in its files the premium charged for each special risk and the basis for the rate or premium.

 

Section 16.6 Licensing.

(a) An authorized insurer may apply for a special risk license to transact business written pursuant to section 6302 of the Insurance Law by completing an application form, prescribed by the superintendent and available from the Property Bureau of the Department of Financial Services. Every special risk license shall be issued for a term expiring on August 31st. Every such license may be renewed for the ensuing period of 12 months upon the filing of an application in conformity with this Part.

(b) An insurer shall file an application for a renewal license with the superintendent not less than 30 days prior to the date the license expires.

(c) Nothing in this Part shall authorize an insurer to do any kind of insurance business for which it is not licensed in this State.

 

Section 16.7 Reporting requirements.

(a) Financial reports.

Every insurer writing special risks pursuant to this Part shall file with its annual and quarterly statements supplemental financial reports using a form prescribed by the superintendent.

 

(b) Experience reports.

Every insurer writing special risks pursuant to this Part shall file with its annual and quarterly statements the following information on a direct basis, in accordance with section 16.12 of this Part, classification codes, in a form prescribed by the superintendent:

(1) written premiums;

(2) earned premiums;

(3) losses paid;

(4) cumulative number of claims closed with payment;

(5) cumulative number of claims closed without payment;

(6) outstanding loss reserves;

(7) number of claims outstanding;

(8) losses incurred;

(9) loss adjustment expenses paid;

(10) unallocated loss adjustment expenses paid;

(11) allocated loss adjustment expenses outstanding;

(12) unallocated loss adjustment expenses outstanding;

(13) allocated loss adjustment expenses incurred;

(14) unallocated loss adjustment expenses incurred;

(15) commissions incurred;

(16) commissions paid; and

(17) number of policies issued.

 

For premium tax purposes, premiums allocated to locations outside this State shall be coded separately.

 

(c) Other reports.

The superintendent may require the filing of such additional reports as are deemed necessary to implement the provisions of article 63 of the Insurance Law and this Part.

 

Section 16.8 Operational requirements.

(a) Class 1, class 2 or class 3 coverages may be provided only to:

(1) a single entity; or

(2) two or more related entities, in each of which the same person, group of persons, or corporation holds a controlling interest.

(b) Class 1, class 2 or class 3 coverages may not be provided in a manner that would constitute a group policy within the meaning of Part 153 of this Title.

(c)

(1) Except as provided in paragraph (2) of this subdivision, a policy may be written pursuant to Insurance Law article 63 and this Part if the policy provides only one or more of the kinds of insurance specified in Insurance Law section 1113(a)(4) through (14), (16), (17), (19) through (22), (27) and (29).

(2) A covered policy, as defined in section 3425(a)(2) of the Insurance Law or a policy providing coverage pursuant to Insurance Law section 1113(a)(1), (2), or (3) may be written as a class 2 risk if the coverage is included in the list of eligible class 2 risks contained in section 16.12(e) of this Part.

(3) A medical malpractice insurance policy may not be written as a class 3 risk.

(d) Notwithstanding any other provision of this Part, a policy may not be written pursuant to Insurance Law article 63 and this Part with respect to:

(1) insurance specified in Insurance Law section 2328;

(2) insurance specified in Insurance Law section 2305(b) except medical malpractice insurance may be written as a class 1 or 2 risk; or

(3) insurance required to satisfy any financial responsibility requirement of this State.

(e) Where a policy includes coverage for both New York and non-New York exposures, the total premium for all exposures may be used for purposes of determining class 1 or class 3 eligibility pursuant to section 16.1(j) of this Part. However, a report filed with the superintendent showing special risk premiums and losses shall only include risks related to New York exposures unless the statement filing instructions specify otherwise.

(f)

(1) Application may be made to the superintendent for adding a class to the list of eligible class 2 risks enumerated in section 16.12(e) of this Part.

(2) In reviewing such an application, the superintendent shall consider the following factors:

(i) whether the insurance coverage provided protects from perils or risks that are neither contained in, nor conducive to the use of, generic policy forms or filed rate schedules;

(ii) whether the type of insurance risk contains a substantial degree of peril or hazard that makes use of generic policy forms or filed rate schedules impractical; and

(iii) the extent to which the type of coverage is unavailable from authorized insurance markets.

(3) Class 2 additions shall be published in the State Register.

(4) Applications to the superintendent to add classes to the class 2 risk list shall include:

(i) a detailed description of the class for which filing exemptions are requested;

(ii) a statement indicating the reasons why the class should be considered unusual, having a high loss hazard, or difficult to place; and

(iii) a statement explaining why the filing requirements of the Insurance Law with regard to rates and forms would impose an undue impediment to the effective writing of the particular class of business in this State.

(g) Coverages qualifying as class 2 risks may be provided by separate individual policies or incorporated by endorsement into other policies. When coverages for class 2 risks are provided by endorsement, only the policy forms and rates applicable to such endorsement qualify for filing exemptions pursuant to this Part.

(h) No policy may be issued or renewed pursuant to class 3 on or after the date specified in Insurance Law section 6303(a)(3).

 

Section 16.9 Records maintenance and examination.

(a) An insurer granted a special risk license by the superintendent pursuant to section 6302 of the Insurance Law shall maintain in this State an underwriting office:

(1) that shall be under the control of the insurer's management and staffed with personnel who are charged with the responsibility for making underwriting decisions relating to policies issued pursuant to this Part; and

(2) in which the insurer shall maintain or have electronic access to the underwriting files, experience statistics, financial and other records, applicable to business underwritten and transacted under section 6302 of the Insurance Law, subject to examination by the superintendent as often as the superintendent deems necessary.

(b) An insurer that does not renew its special risk license shall make its records regarding special risk business available to the superintendent upon request.

 

 

 

Section 16.10 Other requirements.

All insurers licensed under section 6302 of the Insurance Law shall be subject to all other provisions of the Insurance Law and this Title that are not inconsistent with article 63 or this Part.

 

Section 16.11 Other provisions.

This Part shall not alter or change any other exemption from rate and form filing requirements extended pursuant to the Insurance Law or any other Part of this Title.

 

Section 16.12 Coding of class 1, class 2, and class 3 risks.

(a) The principal operations of class 1 and class 3 risks shall be coded in accordance with the classification codes filed by the Insurance Services Office under the commercial statistical plan.

(b) Class 2 risks shall be coded in accordance with the classification codes included in the list issued annually by the superintendent pursuant to section 16.1(f)(2) of this Part.

(c) The appropriate classification code shall be indicated on the lower left corner of the front page of each binder, policy, contract, rider or endorsement, and on all subsequent amendments thereto, used pursuant to this Part, with a summary classification of codes attached to the rating worksheets or similar data contained in the policy files.

(d)

(1) Special risks classified under class 2 that generate a premium in an amount that qualifies as a class 1 risk shall, for reporting purposes, be designated as class 2 risks; and

(2) Special risks classified under class 2 that also qualify as class 3 risks shall, for reporting purposes, be designated as class 2 risks.

(e) The following is a list and description of coverages that may be written as class 2 risks pursuant to section 16.1(f)(2) of this Part:

Statistical Code

Classification

2-14006

Air Bag Repacking

 

Coverage for liability claims resulting from the improper packaging of air bags.

2-14007

Alarm System Liability

 

Coverage against liability of alarm system installers and service contractors for failure to

perform services agreed upon with customers or for failure of an alarm to function.

2-14190

Amusement Parks and Carnivals

 

Property and/or liability coverage for the owners/operators of amusement parks, theme parks

and carnivals.

2-14191

Amusement Rides and Devices

 

Property and/or liability coverage for the owners/operators of amusement rides and devices

including bumper cars, go-carts and  go-cart tracks, giant slides, skateboard tracks, roller-blade

tracks, etc.

2-14165

Animal Liability

 

Coverage against bodily injury and property damage caused by animals owned by the

policyholders.

2-10017

Animal Mortality

 

Coverage against the death of any domesticated or wild animal from any cause.

2-14010

Animal Rides

 

Liability coverage against bodily injury or property damage caused during the operation of

animal ride concessions at zoos, amusement parks, circuses, picnics or private parties.

Includes coverage for children bitten or thrown by the animal due to excitement, or the

negligence of the attendant.

2-16003

Armored Car, Couriers or Check Cashing Operations

 

Crime coverage for armored car services, couriers transporting valuable documents

and securities, and check cashing operations.

2-14206

Auto/Boom Truck Operations/Liability

 

Insurance policy providing both:

 

(i) commercial auto coverage with limits of liability that meet or exceed the minimum

financial responsibility limits; and

 

(ii) commercial general liability risks for owners, operators and lessors of self-propelled

or “road-ready” vehicles with articulated or telescopic arms, cranes or concrete pumpers

permanently affixed. Includes liability coverage for operation of boom trucks where

equipment was leased with (or without) the services of an operator. The policy shall

provide separate and equal per occurrence limits of liability for the commercial auto

liability coverage part and the commercial general liability coverage. In addition, any

general policy aggregate limit of liability shall not be applicable to the policy’s

commercial auto coverage part or to the products/completed operations coverage part

and the declarations page shall specifically so indicate.

2-13001

Automobile Personal Injury Protection (PIP) excess of $150,000

 

First Party, New York No-Fault PIP benefits, excess of $150,000.

2-50008

Aviation Hull Insurance

 

Coverage for loss or damage to aircraft.

2-50007

Aviation Liability Insurance

 

Coverage against third party liability or passenger liability arising out of occupancy,

operation or use of owned or non-owned aircraft. Coverage also may include liability

arising out of the insured’s use, ownership or maintenance of helipads and aviation

building or premises.

2-14019

Banks – Mortgage Interest – All Risks

 

Coverage of the bank's mortgage interest for any reason—must be a nonstandard form.

2-13002

Blood Banks, Blood and Organ Facilities Liability

 

Liability coverage for facilities that primarily deal with the collection, storage and

distribution of blood, blood products and human organs.

2-13003

Boats and Yachts

 

(a) High Speed Boats

 

Property and liability coverage for the owners and operators of boats capable of

attaining speeds in excess of 40 miles per hour; or

 

(b) Boat Rentals

 

Property and liability coverage for the owners and operators of boat rental facilities.

2-13000

Commercial Excess and Umbrella

 

Liability Insurance

 

  1. Coverage for commercial excess liability where the underlying policy limits are

at least $1 million per occurrence.

 

  1. Coverage for commercial umbrella liability where the underlying automobile

and general liability policies each contain limits of at least $1 million per occurrence.

2-01007

Commercial Excess Property Insurance

 

Coverage for commercial excess property insurance where the underlying policy

provides at least $1 million in coverage.

2-14000

Contractual Liability—Large Contracts

 

Coverage for liability assumed by an insured in an insured contract, where the value

of the contract exceeds $1 million.

2-50011

Crowdfunding Platforms - Directors and Officers Liability Insurance, Professional/Errors &

Omissions Liability, or Fiduciary Liability Policies providing liability coverage for companies

providing a platform, frequently a website or internet application, used to fund projects or

ventures by raising monetary contributions from a large number of people.

2-50002

Cyber Risks

 

First and third party commercial lines coverage for loss or liability arising out of

or relating to cyber risks, including data privacy breaches and other privacy risks,

networks security risks, electronic advertising, intellectual property infringement

and virus risks.

2-14041

Data Processing Company Products Liability

 

Coverage against the failure of various data systems to perform the way the user

thought or was promised they would perform.

2-14043

Demolition Contractors Liability

 

Coverage against the hazards involved in destruction of old property.

2-50010

Directors and Officers Liability Insurance – Biotech & Nanotechnology

 

Policies providing liability coverage for directors and officers of biotechnology and

nanotechnology companies.

2-14045

Directors and Officers Liability Insurance—Education

 

Policies providing liability coverage for directors and officers, including managers

and trustees, of schools, universities or boards of education.

2-14176

Directors and Officers Liability Insurance—Insurance Companies and Financial

Institutions

 

Policies providing liability coverage for the directors and officers of insurance

companies, banks, savings and loan associations, mortgage companies and other

financial institutions.

2-14177

Directors and Officer Liability Insurance—Certain Commercial Risks

 

  1. Policies providing liability coverage for the directors and officers of corporations

 that:

 

  1. have a net worth of at least $7,500,000, as determined by an independent certified

 public accountant, as of the insured's fiscal year end immediately preceding the

 policy’s effective date; or

 

  1. have gross assets exceeding $25,000,000 and a net worth of at least $1,500,000,

as determined by an independent certified public accountant, as of the insured's

fiscal year end immediately preceding the policy's effective date; or

 

(3) are for-profit business entities that generate annual gross revenues exceeding

$25,000,000, and have a net worth of at least $1,500,000, as determined by an

independent certified public accountant, as of the insured’s fiscal year end immediately

preceding the policy’s effective date; or

 

(4) are for-profit business entities that have gross assets exceeding $25,000,000 and

generate annual gross revenues exceeding $25,000,000, as determined by an independent

certified public accountant, as of the insured’s fiscal year end immediately preceding the

policy’s effective date; or

 

(5) are not-for-profit organizations or public entities with annual budgets exceeding

$25,000,000 for each of the three fiscal years immediately preceding the policy’s

effective date; or

 

(b) Policies containing primary liability limits of at least $5,000,000.

2-14161

Directors and Officers Liability Insurance—Political Action Committees

 

Policies providing liability coverage for directors, officers, managers, or trustees of

political action committees. This may also include liability coverage for the entity that

has established the political action committee in regard to the activities of such committee.

2-50003

Directors and Officers Liability Insurance—Private Company Package Policies

 

Directors and Officers, Employment Practices Liability, Fiduciary, Crime, and Kidnap

and Ransom containing primary liability limits of at least $5,000,000.

2-14047

Directors and Officers Liability Insurance—Public Officials

 

Policies providing liability coverage for directors and officers, including managers and

trustees, of public entities.

2-14048

Directors and Officers Liability Insurance—Union Officials

 

Policies providing liability coverage for directors and officers, including managers,

fiduciaries (including ERISA), administrators and trustees of unions or labor organizations,

and the employee benefit plans related thereto.

2-01006

Electrical Disturbance

 

Coverage for loss resulting from any electrical injury or disturbance to electrical

appliances, devices, fixtures or wiring caused by electrical currents artificially generated.

This coverage is designed to offset the "electrical apparatus" exclusion usually contained

in fire policies.

2-14181

Elevator Contractors Liability Insurance

 

Liability coverage for contractors who perform installation, repair or inspection services

of, or to, escalators or elevators.

2-14055

Environmental Impairment/Pollution Liability

 

Liability coverage and/or pollution clean-up expense coverage for the following:

asbestos abatement contractors; general pollution liability; environmental impairment;

lead abatement contractors; hazardous waste disposal sites; hazardous waste haulers

and shippers; hazardous waste site mitigation contractors; radon mitigation contractors;

radon testing firms; underground storage tanks—marketers; and underground storage

tanks—non-marketers.

2-14192

Explosives, Munitions or Fireworks—Manufacturing or Display

 

Property and/or liability coverage for the manufacturer of explosives, munitions or

fireworks and firms which produce fireworks displays or exhibitions.

2-14060

Exterminators, Herbicide and Pest Control Contractors Liability

 

Coverage for liability arising out of use of hazardous pesticides needed to control termites

and rodents; may include errors and omissions coverages and contractual liabilities from

warranties and annual inspections.

2-14061

Fair Employment Practices Liability

 

Employment practices and procedures, excluding intentional acts and excluding acts of

discrimination.

2-14183

Fiduciary Liability

 

Liability coverage for fiduciaries.

2-14160

Film Producers/Theatrical Producers Indemnity Insurance

 

Insurance for producers of motion pictures, television programs, theatrical (stage)

productions, documentaries, industrial films, commercials and educational productions,

including coverage for:

 

(a) unauthorized use of format, idea, titles, music, etc.;

 

(b) libel, slander, invasion of privacy, failure to acknowledge “credits” or contributions

of others;

 

(c) third party property damage;

 

(d) equipment owned or leased;

 

(e) props, sets and wardrobes;

 

(f) time element coverage for unavailability of cast, damaged film or negatives; and

 

(g) extra expense due to delays caused by a covered peril.

2-05001

Fine Art Dealers

 

All-risk or named perils coverage for property held for sale by fine art dealers.

2-01010

First Loss Property Insurance

 

Property and time element coverage for risks insured for at least $1 million, but less than

the total exposure to property and time element losses, where the remaining amount/exposure

is insured by facultative excess reinsurance or excess insurance.

2-05002

Flood Insurance

 

(a) Flood insurance excess of maximum limits available from the Federal Flood Program; or

 

(b) Primary coverage on property not eligible for the Federal Flood Program.

2-13004

Golf Driving Range Liability

 

Personal injury or property damage liability coverage associated with the operation of a

driving range, e.g., flying golf balls, improperly wielded golf clubs, etc.

2-10001

Horse and Pony Policy

 

Coverage for the death of the insured animal, including veterinary fees; coverage for loss by

theft or straying; and coverage for loss of the value of the insured animal caused by nonfatal

sickness or accident.

2-13005

Horseback Riding Establishments

 

Coverage for riding academies and pony rides.

2-14193

House Movers and Building Demolition Contractors

 

Coverage for liability arising out of the moving of a house or the demolition of a building,

for example, injury caused by falling brick, flying debris, etc. and structural or other

damage to a house being moved.

2-14072

Institutional Administrators Liability

 

Coverage for acts in the capacity of administrator of the institution.

2-14174

Joint Hospital and Voluntary Attending Physicians Excess Professional Liability Insurance

 

“Voluntary Attending Physician Program” (channeling) means a program recognized by

section 3436(a) of the Insurance Law which insures one or more hospital and includes, as

additional named insureds, persons who are voluntary attending physicians, with

coverage applicable to both practice conducted at a hospital with such program and the

physicians’ outside office practice, subject to the following minimum requirements:

 

  1. coverage for the primary level shall be, at the minimum, $1 million per

occurrence/$3 million in the aggregate, for each hospital, including its participating

attending physicians;

 

  1. coverage for excess layers shall be in excess of the primary layer specified in

paragraph (1) of this subdivision;

 

(3) each hospital participant must be a licensed general hospital as defined in section 2801

of the Public Health Law of the State of New York;

 

(4) the hospitals shall maintain a joint educational program;

 

(5) the hospitals shall subscribe to common guidelines for quality care assurance;

 

(6) the hospitals shall share in, and commonly develop, safety programs;

 

(7) there are demonstrable savings resulting from the joint insurance program;

 

(8) the producer of record shall obtain a statement from each hospital to the effect that the

aggregate limits of all coverage will, in the opinion of the directors or trustees (or their

equivalent) of each hospital, be adequate for the risk exposure;

 

(9) each hospital shall maintain full affiliation with the sponsoring program;

 

(10) coverage shall be issued either individually to the hospitals or on a group basis but, in

either case, the attending physicians shall be issued certificates of insurance evidencing

their coverage;

 

(11) each such channeling program, as an experimental program, shall be limited to no more

than 1,500 attending physicians, in actual practice, but a physician who retires from practice

shall not be included in the computation and another physician may be enrolled in such case;

and

 

(12) the channeling program shall have been permitted by the superintendent prior to the

enactment of section 3436(a) of the Insurance Law on July 1, 1986. No new program shall

be authorized, and no additional hospital shall join any existing program after such date.

2-07001

Kidnap and Ransom Insurance

 

Coverage for losses incurred by the insured as a result of the surrender of property due

to extortion associated with the kidnapping or alleged kidnapping of an employee or

members of the household of an employee.

2-14057

Large Deductible or Self-Insured Retention Insurance

 

Property and/or liability insurance policies having either a deductible or self insured

Retention of at least $50,000.

2-13006

Lead Liability Insurance

 

Coverage for personal injury resulting from the ingestion or inhalation of lead or

lead dust.

2-13007

Liquor Law Liability Coverage

 

Monoline liquor law liability coverage for taverns and restaurants only where liquor

sales exceed 75 percent of total sales revenue.

2-10004

Livestock—Prospective Foal Coverage

 

Coverage against death or injury to livestock prior to birth and resulting loss of earnings.

2-14088

Logger's Liability Coverage

 

Coverage for damage negligently caused by a logging contractor.

2-14162

Media Liability

 

Coverage provided to advertising agencies, advertisers, authors, personal appearance,

broadcasters, multi-media companies and publishers for liability arising from defamation

(including libel and slander), invasion of privacy, infringement of intellectual

property rights (including piracy, plagiarism, trademark and copyright), contextual errors

and omissions and incitement.

2-50004

Mergers and Acquisitions

 

Insurance for claims arising from merger and acquisition transactions, including all related

coverages that are permissible under the New York Insurance Law.

2-02026

Mobile Home—Emergency Removal Service

 

Coverage for liability of mobile home park owner when removal is necessary due to named

perils.

2-22002

Motorsports Racing Liability

 

Liability coverage for owners or lessors of motorsports racing venues (e.g. race tracks for oval

track events, drag races, monster truck rallies, motocross, motorcycle, boat or snowmobile

racing, and other types of motorized vehicle competitive events).

2-22003

Motorsports Racing and Motorsports Liability

 

Coverage for claims of spectators, participants or other third parties in connection with the

operation of motorsports venues, or the staging or conduct of motorsports events or participation

therein by teams and individuals.

2-14196

Natural Disaster Protection—coverage for losses incurred by business owners and

homeowners to their place of employment and residences as a direct result of specified

natural disasters. This coverage is intended to supplement any available basic property

coverages maintained by the insured.

2-14999

Nuclear Risk Insurance

 

  1. Coverage for property of those directly engaged in the nuclear operations, including loss

due to radioactive contamination of the insured's premises.

 

  1. Coverage for bodily injury or property damage liability caused by the radioactive, toxic,

explosive, or other hazardous properties of nuclear material.

2-14104

Petroleum Refineries—Excess of Loss Liability

 

Coverage for liability over primary insurance.

2-50000

Political Risk Insurance

 

Coverage for losses arising out of the actions of a foreign government. This includes:

 

(1) loss of use or destruction of property located in a foreign country;

 

(2) loss of income from operations or uncompleted contracts in a foreign country;

 

(3) nonpayment on contract due to the inability to convert foreign currency into “contract”

currency;

 

(4) termination of contracts due to license cancellations and embargoes;

 

(5) war, civil war, revolution, rebellion or insurrection within a foreign country or along the

route of shipment which prevents completion of contracts; or

 

(6) expropriation, confiscation, naturalization, seizure, requisition or arbitrary and selective

intervention by a foreign government preventing completion of contracts or otherwise

affecting business operations of the insured in such country.

2-10014

Poultry

 

Insurance on the life of chickens, turkeys and other domestic poultry issued on a

nonstandard form; includes full weather perils as well as fire and other extended

coverage perils, transportation and flood. Death caused by huddling or piling of the

flock in reaction to a covered peril is also covered.

2-14115

Private Guards, Patrols, and Security Forces Premises and Operations Liability

 

Manufacturers and contractors exposure only.

2-14116

Product Failure Liability Insurance

 

Insurance covering a manufacturer for the failure of its products when the failure causes loss

of use of a customer's tangible property which has not been physically damaged or destroyed.

The product must fail to perform the function intended by the manufacturer and the failure

must be due to a mistake or deficiency in design, formula, plan, printed instructions, etc.,

prepared by the manufacturer. The policy excludes loss arising out of any product

manufactured entirely to a customer's specification or any other experimental or prototype

product that has not been tried, tested and approved by the manufacturer.

2-14194

Product Liability Insurance

 

Product liability coverage for the following classes of risk only: aircraft parts manufacturers;

automobile parts manufacturers; bioengineered products; farm equipment parts manufacturers;

firearms manufacturers; helmet manufacturers; pharmaceutical products manufactures.

2-50005

Product Liability for Fire Extinguishers and Accessories

 

Lead and Wire Seal, Hose, Horn and Nozzle Assemblies, Foam, Buckets, Reducer, Calcium

Chloride, Sodium, Bicarbonate, Fire Hats.

2-14118

Products—Recapture or Recalled

 

This provides coverage per the so-called “sistership liability” exclusion contained in the

products policy. The coverage applies to damages claimed for the withdrawal, inspection,

repair, replacement or loss of use of the named insured's products, or work completed by or

for the named insured or of any property of which such products or work form a part, if such

products, work or property are withdrawn from the market or from use because of any known

or suspected defect or deficiency.

2-14119

Product Tampering

 

Coverage for the liability of manufacturers and marketers for losses due to personal injury or

property damage caused by the unauthorized alteration, adulteration or contamination of the

insured's product by third parties.

2-50009

Property Insurance for Highly Protected Risks (HPR)

 

Highly protected risks are properties that are subject to a substantially lower than normal

probability of loss by virtue of superior construction, special fire protection equipment/procedures,

and management commitment to loss prevention.

 

PROFESSIONAL/ERRORS & OMISSIONS LIABILITY

 

The following categories may be underwritten to cover liability arising out the performance of

professional duties:

2-14002

Accountants

2-14204

Actuarial Professional Liability Coverage

2-14005

Advertisers

2-14013

Architects

2-50006

Attorney’s Errors and Omissions—Non law firms

 

Coverage for attorneys who are employed as lawyers by a business entity that is not a law firm.

2-14178

Attorney's Errors and Omission—Large or High Risk Firms

 

Policies providing professional liability coverage for law firms consisting of at least 25

attorneys, or firms of any size in which more than five percent of the aggregate annual

billings are derived from the following types of legal work:

 

(1) mergers and acquisitions;

 

(2) representing banks, savings and loan associations or other financial institutions on matters

other than collections or real estate closings;

 

(3) matters involving the Securities Exchange Commission;

 

(4) matters involving Admiralty Law; or

 

(5) matters involving intellectual property patents, trademarks and copyrights.

2-14021

Beauty Schools

2-14169

Cable Access Television (CATV)

2-14026

Clinical Laboratories

2-14028

Collection Agencies

2-14197

Commercial and Residential Real Estate Agents and Brokers and Property Management Services

 

Policies covering the liability of real estate agents and brokers and property managers who are

engaged in large commercial and residential real estate projects. The policies would include,

but are not limited to, liability coverage for acts arising out of the brokerage of sales and lease of

real estate, property management, construction management and consulting, general consulting,

franchising, joint ventures, mortgage brokering, appraisals, auction, referrals, business brokerage

activities and the development of owned commercial and residential real estate.

2-14163

Community Health Center Wraparound

 

Policies providing professional liability coverage to community centers which receive funds

under Section 330 of the Public Health Service Act and which have been made eligible for

malpractice coverage under the Federal Tort Claims Act pursuant to the Health Centers

Assistance Act of 1992 (Public Law 102-501).

2-14035

Corporate Trustees

2-14051

Employee Benefit Plan Trustees

2-14054

Engineers

2-14164

Excess and Surplus Lines Brokers

2-14172

Film Distributors

2-14199

Health Maintenance Organizations (HMOs)

 

Policies providing errors and omissions coverage for a healthcare system that assumes or

shares both the financial risk and delivery risk associated with providing comprehensive

medical services to the voluntarily enrolled population in a particular geographic area,

usually in return for a fixed, prepaid fee. This coverage excludes health care professionals.

2-14200

Independent Physicians Association (IPA)

 

Policies providing errors and omissions coverage for an organization comprised of individual

physicians or physicians in small group practices that contracts with managed care organizations

(MCOs) on behalf of its member physicians to provide healthcare services. This coverage

excludes health care professionals.

2-14179

Insurance Companies and Financial Institutions

 

Policies providing errors and omissions coverage to insurance companies, banks, savings

and loan associations, mortgage companies and other financial institutions.

2-14198

Interior Designers

 

Professional liability coverage for the development and implementation of designs for

interior environments, including the preparation of drawings and specifications for

non-load-bearing interior construction.

2-14076

Investment Counselors, Asset Managers and Venture Capital Professionals and Management

Liability

2-14078

Land Surveyors

2-14180

Large Firms

 

Policies providing errors and omissions coverage to individuals, partnerships or professional

corporations having annual billings of $20,000,000 or more.

2-14092

Marine Surveyors

2-14170

Medical Arts Schools and Colleges

 

Including acts of students not otherwise covered.

2-14096

Mobile X–Ray–Units

2-14036

Municipal and Public Entities

2-14100

Mutual Funds

2-14103

Nursing Homes—Administrators

2-14106

Paramedics

2-14108

Pension Plan Consultants

2-14109

Pension Plan Trustees

2-14111

Physicians—Medical Students

 

Policies providing coverage for those in training to be physicians or nurses.

2-14185

Physicians—Temporaries

 

Policies providing coverage for physicians, under contract with a commercial entity, placed

on a part-time or full-time basis with hospitals, government agencies or private practices to

fill the temporary staffing needs of those providers.

2-14112

Police Officers

2-14201

Preferred Provider Organization (PPO)

 

Policies providing errors and omissions coverage for an organization that has a healthcare

benefit arrangement designed to supply services at a discounted cost by providing incentives

for members to use designated healthcare providers (who contract with the PPO at a

discount), and also provides coverage for services rendered by healthcare providers who

are not part of the PPO network. This coverage excludes health care professionals.

2-14171

Psychologists

2-14166

Publicists and Public Relations

2-14125

Reducing Salons

2-14129

Scalp Treatment

2-14138

Social Services Agencies

 

Excluding medical or other health services.

2-14139

Social Workers

2-14143

Stockbrokers

2-14168

Talent (Artists)

2-14042

Technology Products & Services

 

Policies providing coverage for data processors, programmers, analysts, software developers,

information and network service providers, cloud service providers, website hosting services and

similar professional technology products and services. Errors or omissions in the performance of

(or failure to perform) services in connection with the insured’s information and network

technology products or services (including hardware or software)

2-14202

Third Party Administrator (TPA)

 

Policies providing errors and omissions coverage for a company that provides administrative

services to managed care organizations or self-funded health plans but that does not have the

financial responsibility for paying benefits. This coverage excludes health care professionals.

2-14155

Trustees—Trust Department

2-14153

Trustees and Fiduciaries

2-14203

Utilization Review Organization (URO)

 

Errors and omissions policies for external organizations that conduct reviews to assess the

medical appropriateness of suggested courses of treatment for patients thereby providing

the patient and the purchaser increased assurance of the value and quality of healthcare

services. This coverage excludes healthcare professionals.

2-13008

Recreational Guide Services

 

Coverage for outfitters and guides for camping, hiking, rafting and similar recreational

activities.

2-22004

Residual Value Insurance (Commercial Risks Only)

 

Residual Value Insurance as defined in section 1113(a)(22) of the Insurance Law, but shall not

include residual value insurance on motor vehicles or policies subject to Insurance Law

section 3425. (Note that residual value insurance does not include gap insurance.)

2-27008

Schools—Special Education Programs

 

Legal Liability.

2-14130

Securities and Exchange Act Liability Insurance

 

Policies providing liability coverage for directors, officers, managers, trustees, shareholders

and other professionals for:

 

  1. liability arising out of the Securities and Exchange Act and similar Federal, State, local

or foreign government law involving the sale or purchase of securities;

 

  1. liability arising out of the registration (or failure to register) of securities with the

Federal Trade Commission; or

 

  1. liability arising out of the alleged use of nonpublic information in a manner violative

of the Securities and Exchange Act.

2-14195

Security Guards—Armed and/or Using Dogs

 

Professional liability coverage for security guard firms which provide guards using firearms

or dogs.

2-13009

Skating Rinks

 

Liability coverage for injury to participants and spectators in ice and roller skating rinks.

2-13010

Ski Area Liability

 

Liability coverage for owners and operators of ski resorts, ski lifts, ski equipment sales and

rental, ski lessons, ski trail maintenance, snow-making operations, etc.

2-28003

Ski Resort High Limit—Accidental Death and Dismemberment

 

Coverage in excess of $500,000 only.

2-14141

Special Events Insurance

 

Policies providing coverage for unique exposures of limited duration which require varied

and specialized pricing and coverage. Types of coverage would include legal liability,

contractual liability, all risk coverage, CGL coverage, etc. Policies would be issued to,

among others, sponsors, organizers, performers and participants of trade shows, parades,

flea markets, concerts, etc.

2-14142

Sports Instructors Liability

 

Coverage for judo and karate instructors, scuba or skin diving instructors and water-ski

or snow-ski instructors.

2-02038

Television Broadcast Interruption

 

Covers the reduction in gross admission fees caused by interruption by breakdown, failure,

malfunctioning or any disorder of equipment lines and appurtenances thereto, which

prevents presentation of the audio or showing of a telecast.

2-13011

Tractor Pulls/Mud Bogs

 

Liability coverage for claims of spectators, participants or other third parties in connection

with the operation of organized exhibitions, races or demonstrations primarily involving

“Monster” trucks, tractors and similar off-road vehicles.

2-50001

Trade Credit Insurance

 

Coverage for manufacturers, wholesalers, service organizations, etc., against the loss of

an outstanding monetary interest in trade receivables for goods or services provided on credit,

due to insolvency of the debtor or due to a political event in the debtor's country which

prevents repayment.

2-18001

Tuition Refund Broad and Limited Plans

 

This coverage refunds the unused fees due to class time lost when a student is absent or

withdrawn from classes because of illness or accident.

2-14205

Warehouseman’s Liability

 

Coverage for the liability of a warehouse owner and/or operator for loss or damage to the

lawful goods of others in their care, custody or control.

2-01001

Weather Insurance—Property coverage for a pecuniary loss or loss of use as a result of

any adverse weather event causing the pecuniary loss or loss of use.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section 16.13 [Repealed]