Sec. 60-3.8. Excess line policies

(a)

(1) In accordance with Vehicle and Traffic Law section 1693(7)(b), a TNC group policy may be procured by a licensed excess line broker pursuant to Insurance Law section 2118 and regulations thereunder if the insurance is unavailable from authorized insurers. The excess line broker shall obtain declinations from three authorized insurers as provided in section 27.3 of this Title (Regulation 41). The excess line broker may not utilize the procedure specified in section 27.3(g) or (h) of this Title.

(2) The declinations obtained pursuant to section 27.3 of this Title shall be valid for one year and apply to all of the drivers insured under the group policy with respect to coverages provided without option by the group policyholder. The affidavit by a broker or an excess line broker, evidencing the requisite number of declinations, shall be executed and filed by the licensee on behalf of the group policyholder. The excess line broker shall not renew the group policy with the unauthorized insurer unless the excess line broker obtains three declinations in accordance with the provisions of section 27.3 of this Title.

(3) The excess line broker shall provide a written affirmation to the TNC of the unavailability of coverage from an authorized insurer annually.

(b) Prior to procuring a group policy from an unauthorized insurer, an excess line broker shall obtain a written commitment from the unauthorized insurer that the insurer shall:

(1) cooperate with the superintendent with regard to any inquiry or request for information pertaining to the group policy or any claim submitted thereunder;

(2) comply with the requirements of Part 216 of this Title (Regulation 64);

(3) use licensed adjusters to investigate or adjust claims submitted under the group policy;

(4) and maintain records in accordance with Part 243 of this Title (Regulation 152) and maintain the privacy of consumers and customers in accordance with Part 420 of this Title (Regulation 169).