N.Y. Comp. Codes R. & Regs. tit. 15 § 34.11

Current through Register Vol. 46, No. 45, November 2, 2024

Section 34.11 - Warning on notice or acknowledgment of termination to insured

(a) The notice or acknowledgment of termination sent to an insured by an insurance company upon termination or non-renewal by an insurance company of an insured other than a termination or non-renewal of insurance for a motorcycle, pursuant to section 313 of the Vehicle and Traffic Law shall contain the following warning notice in no smaller than 12-point type face:

"Proof of financial security is required to be maintained continuously throughout the registration period. If you do not keep your insurance in force during the entire registration period, your registration will be subject to suspension. If your vehicle is still uninsured after 90 days, your driver license will be suspended. To avoid these penalties you must surrender your registration certificate and plates before your insurance expires. By law your insurance carrier is required to report specific termination information to the Commissioner of Motor Vehicles."

(b) In addition to the above warning, the following information, as set forth in either paragraph below, must also accompany each such notice or acknowledgment of termination. Such information shall be in 12-point type face.

"If you have a lapse in insurance coverage of 90 days or less, the law permits you to avoid a suspension of your registration by the payment of a civil penalty for each day or any portion thereof up to 90 days for which your insurance was not in effect. This civil penalty option applies only once during any 36-month period.

The civil penalties are:

-1 to 30 day lapse -$8 per each day of lapse

-31 to 60 day lapse -$240 plus $10 per day for days 31 to 60

-61 to 90 day lapse - $540 plus $12 per day for days 61 to 90."

Note: The language required in this subdivision must be exactly replicated on each notice. An insurer may, however, vary the format (such as spacing between lines) in order to fit all of the information on the notice.

(c) Such warning and information shall be required to be sent to an insured whenever coverage on a vehicle is terminated in any manner, except when the insured has submitted to the insurance company a notice of surrender of registration issued by the department, or when the termination of coverage merely involves simultaneous coverage from one vehicle to a replacement vehicle.

(d) Motorcycles. When the notice or acknowledgment of termination is for a motorcycle, the warning specified in subdivision (a) of this section may be contained on the notice or acknowledgment of termination and in addition to or in place of that warning the following warning shall also accompany each such notice or acknowledgment or termination. Such information shall be in no smaller than 12-point type face.

"Proof of financial security is required to be maintained continuously throughout the registration period. Liability insurance must be maintained on all registered vehicles. However, you are not required to surrender your registration plates to the Department of Motor Vehicles when your liability insurance terminates. If you operate your vehicle on the public highways without liability insurance, you will be subject to having your driver's license and registration revoked for a period of one year, a fine imposed by a court and payment of a civil penalty of $750."

The warning notice and information required by subdivisions (a), (b), (d) and (e) of this section shall also be required on any notice of intent to cancel or notice of cancellation sent to an insured by a premium finance agency pursuant to section 576 of the Banking Law.

(e) For hire (FH) vehicle. When the notice or acknowledgment of termination sent to an insured by an insurance company upon termination or non-renewal by an insurance company is for a for hire (FH) vehicle insured under section 370 of the Vehicle and Traffic Law, such notice shall contain the following warning notice in no smaller than 12-point type face:

"Proof of financial security is required to be maintained throughout the registration period. If you do not keep your insurance in force continuously during the registration period your registration will be revoked. To avoid this penalty you must surrender your registration certificate and plates before your insurance expires. By law your insurance carrier is required to report specific termination information to the Commissioner of Motor Vehicles."

Reason(s) for termination:

N.Y. Comp. Codes R. & Regs. Tit. 15 § 34.11