N.Y. Comp. Codes R. & Regs. tit. 15 § 34.2

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

Section 34.2 - Definitions and general requirements

(a) Batch processing. A daily DMV operation that includes the attempted matching to department registration records of notices received by the department from insurance companies or servicing agents. A notice matched to an individual registration record results in the posting of information (data elements) from such notice to DMV's insurance information database.

(b) DBA (doing business as). A DBA most commonly involves an individual conducting business or trading under an assumed name. For purposes of this Part a DBA name is treated as an organization name. DBA may also apply to a corporate entity doing business under an assumed name.

(c) DMV initiated verification transaction report. A weekly and periodic report prepared by the department for an insurance company. An insurance company shall obtain the report from a department web site during the time period that the report is published. Except for manual submissions for dealer and transporter registrations, such report shall contain the following information: date of report; begin and end date of report; total number of days in reporting period; insurance company and servicing agent codes and names; total number of verification transactions (mandatory and negative); and total number of and percentage of insurer responses. Upon receipt of notification from the department that DMV initiated mandatory verification (MVF) transactions are not being responded to or are not being responded to in a timely manner as required by this Part, an insurance company or servicing agent shall take immediate steps to determine the reasons for such performance, formulate a remediation plan to correct the deficiencies and fully implement such remediation plan to eliminate non-responses to MVF transactions and non-timely responses to MVF transactions submitted to the department.

(d) EDI. Electronic data interchange. The electronic transfer of business documents from one computer application to another computer application in a prescribed format using translation software. Insurance companies and servicing agents shall utilize commercial translator/mapping software to send transactions to and receive transactions from DMV.

(e) Edit error (EDI translator). A notice submitted by an insurance company or servicing agent unacceptable for filing purposes because the EDI file format or segments (group of data elements) within the EDI file are not compliant with DMV's EDI specifications. DMV translator error scenarios:

(1) required segments are missing;

(2) required data elements are missing; and

(3) data elements are invalid, e.g., incorrect number of characters, incorrect value according to specifications, etc.

Such notice is not matched to a department registration record, is not posted to DMV's insurance information database and is not a filing. Upon receipt of notice from the department of edit errors, an insurance company or servicing agent shall take immediate steps to determine the reason(s) for edit errors, formulate a remediation plan to correct deficiencies and fully implement such remediation plan to eliminate edit errors from its submissions to the department. An insurance company or servicing agent shall resubmit a corrected notice to the department, as prescribed by this Part, unless its submission is not required by law, this Part or DMV MVLIR specifications.

(f) Edit error (application). A notice submitted by an insurance company or servicing agent unacceptable for filing purposes due to:

(1) the absence of information or the presence of invalid information in key data fields as delineated in appendix A of DMV's MVLIR implementation guide; or

(2) submission for an excluded registration class.

Such notice is not matched to a department registration record, is not posted to DMV's insurance information database and is not a filing. An insurance company or servicing agent shall resubmit a corrected notice to the department, as prescribed by this Part, unless the original notice was not required by law, this Part or DMV MVLIR specifications. Upon receipt of notice from the department of any edit errors, an insurance company or servicing agent shall take immediate steps to determine the reason(s) for edit errors, formulate a remediation plan to correct deficiencies and fully implement such remediation plan to eliminate edit errors from its submissions to the department.

(g) Edit error report. A weekly and periodic report prepared by the department for an insurance company. An insurance company shall obtain the report from a department web site during the time period that the report is published. Except for manual submissions for dealer and transporter registrations, such report shall contain the following information: date of report; begin and end date of report; total number of days in reporting period; insurance company and servicing agent codes and names; edit error reasons; edit error numbers and percentages; breakdown of submissions and resubmissions; and summary information.

(h) Filing. A notice submitted to the commissioner in the manner and format prescribed by this Part, by or on behalf of an insurance company, that matches a department registration record either through electronic matching or electronic exceptions resolution processing and is posted to DMV's insurance information database. A matched notice (hit or resolved no-hit exception) is a filing. Any notice returned to an insurance company or servicing agent as an edit error (EDI translator or application) or unresolved no-hit exception is not a filing.

(i) Filing report. A weekly and periodic report prepared by the department for an insurance company. An insurance company shall obtain the report from a department web site during the time period that the report is published. Except for manual filings for dealer and transporter registrations, such report shall contain the following information: date of report; begin and end date of reporting period; total number of days in reporting period; insurance company and servicing agent codes and names; statistical data; disposition information; and late filing and recycling data. The filing report shall serve as acknowledgment by the department that all notices identified as hits and resolved no-hit exceptions are filed with the department. Notices identified as edit errors and unresolved no-hit exceptions are not filed with the department.

(j) Hit. A notice submitted by an insurance company or serving agent that matches a department registration record using key data elements, is posted to DMV's insurance information database and is a filing. An ANSI X12 V3050 997 EDI transmission acknowledgment rather than an ANSI X12 V3050 811 EDI return transaction is provided to an insurance company or servicing agent by DMV.

(k) Insurance Company. A company or risk retention group (RRG) licensed by the New York State Department of Financial Services to write motor vehicle liability insurance in New York State, or a company or risk retention group (RRG) which is not authorized to write motor vehicle liability insurance in New York State, but which has filed with the commissioner a power of attorney and resolution in accordance with section 311 of the Vehicle and Traffic Law, a risk retention group statutorily authorized to issue an owner's policy of liability insurance pursuant to any of the following sections of the Vehicle and Traffic Law:

(i) subparagraph ii of paragraph b of subdivision four of section 311;

(ii) subparagraph ii of paragraph c of subdivision four of section 311; or

(iii) paragraph b of subdivision 1 of section 370.

(l) Insurance company code (ICC). A unique three-digit identification number assigned to an insurance company by the department for the purposes of articles 6 and 8 of the Vehicle and Traffic Law. Such assigned number must appear on an insurance ID card or insurance certificate required by Part 32 of this Title. The department shall withhold such insurance company code assignment to an insurer until such time as the insurer has fulfilled all requirements of this Part including fully demonstrating the ability to submit notices to the department in compliance with the technical filing specifications contained in this Part including DMV's MVLIR specifications. An insurance company code may also be withdrawn by DMV as provided for in this Part.

(m) Late filing. A notice that is not submitted to DMV in accordance with the time frame prescribed by the Vehicle and Traffic Law and this Part including DMV MVLIR specifications. Upon receipt of notice from the department that late filings exceed 10 percent of matched notices, an insurance company or servicing agent shall take immediate steps to determine the reason(s) for such performance, formulate a remediation plan to correct deficiencies and fully implement such remediation plan to reduce late filings in its submissions to the department.

(n) Late filing profile. A weekly and periodic report prepared by the department for an insurance company. An insurance company shall obtain the report from a department web site during the time period that the report is published. Except for manual submissions for dealer and transporter registrations, such report shall contain the following information: date of report; begin and end date of reporting period; total number of days in reporting period; insurance company code and name; transmission date; number of transactions by type; number and percentage of transactions by type submitted late; and summary information.

(o) Magnetic tape. A magnetically encoded computer tape that is machine readable by the installed computer system utilized by the department and which conforms to the technical filing specifications including DMV's MVLIR implementation guide.

(p) Matched resubmission report. A weekly and periodic report prepared by the department for an insurance company. An insurance company shall obtain the report from a department web site during the time period that the report is published. Except for manual submissions for dealer and transporter registrations, such report shall contain the following information: date of report; begin and end date of report; total number of days in report; insurance company and servicing agent codes and names; resubmissions requested by DMV; resubmissions received by DMV; matched against resubmission table; unmatched against resubmission table; and tracking numbers expired.

(q) MVLIR. DMV's Motor Vehicle Liability Insurance Reporting Implementation Guide. The document that provides the department's adaptation of the national ALIR (automobile liability insurance reporting) standard which must be utilized by insurance companies and servicing agents for reporting notices to and receiving notices from DMV.

(r) No-hit exception. A temporary status for a notice submitted by an insurance company or servicing agent that did not directly match a department registration record using key data elements. A registration record match is then attempted through the department's electronic exceptions resolution process resulting in either a resolved no-hit exception (match) or an unresolved no-hit exception (no match).

(s) Notice. An EDI transaction formatted in accordance with requirements set forth in this Part and DMV's MVLIR implementation guide. An electronic transaction recorded on magnetically encoded computer tape in accordance with requirements set forth in this Part and DMV's MVLIR implementation guide for the initial loading requirement. In the case of a dealer or transporter registration such notice shall take the form of an original letter in accordance with requirements set forth in this Part.

(t) Receipt of filing. A notice posted to DMV's insurance information database shall constitute a receipt of filing and conclusive evidence of such filing.

(u) Resolved no-hit exception. A notice submitted by an insurance company or servicing agent that is resolved during the department's electronic exceptions resolution process. Such notice is matched to a department registration record, is posted to DMV's insurance information database and is a filing. DMV will return an ANSI X12 V3050 EDI transaction containing DMV registration data.

(v) Servicing agent. Any person or organization duly designated and authorized by an insurance company to prepare and transmit notices on behalf of such insurance company, receive return and verification transactions, resubmit corrected notices and obtain statistical reports on submitted and resubmitted notices. An insurance company shall provide the department with written authorization for any servicing agent that will report required notices and receive DMV return and verification transactions on behalf of said insurer. Authorization shall also be provided to the department by an insurance company for the servicing agent to obtain official DMV performance reports. Servicing agent authorization is not required for an insurer within an insurance company group to act as a servicing agent for all or some of the companies within the group. Responsibility for compliance with requirements under the Vehicle and Traffic Law and this Part including DMV MVLIR specifications resides with an insurance company.

(w) Submission date. The date that a notice is actually received by the department in any of the three forms prescribed by this Part: EDI transmission to DMV's value added network (VAN) mailbox, computer tape (initial loading only) and letter (dealer and transporter registrations only).

(x) Unresolved no-hit exception. A notice submitted by an insurance company or servicing agent that is unmatched after DMV's electronic exceptions resolution process. Such notice is not matched to a department registration record, is not posted to DMV's insurance information database and is not a filing. DMV will return registration data with an unresolved no-hit exception if the submitted VIN was found in DMV's VIN file. An insurance company or servicing agent shall resubmit a corrected notice to the department unless the original submission was excluded from being reported as set forth in sections 34.1(d), 34.7 or 34.12 of this Part. Upon receipt of notification from the department that unresolved no-hit exceptions exceed 10 percent of original (first time) notices submitted, an insurance company or servicing agent shall take immediate steps to determine the reason(s) for such performance, formulate a remediation plan to correct deficiencies and fully implement such remediation plan to reduce unresolved no-hit exceptions in its submissions to the department. Upon receipt of notification from the department of a notice that was unmatched due to its exclusion from reporting, an insurance company or servicing agent shall take immediate steps to determine the reason(s) for such submission, formulate a remediation plan to correct deficiencies and fully implement such remediation plan to prevent or reduce excluded notices from being submitted to the department. SPECIAL NOTICE ON UNRESOLVED NO-HIT EXCEPTIONS WITH A VIN HIT RETURNED BY DMV: An insurance company or servicing agent shall exercise due diligence when using DMV provided registration information returned with such unmatched notice, especially for a cancellation (XLC), since the information provided by DMV is for the current registrant. The current registrant may have acquired the vehicle either directly or indirectly from the policyholder. An insurance company or servicing agent shall not resubmit a notice using DMV provided information if the current registrant is not or was not a policyholder subject to said notice.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 34.2

Amended New York State Register April 3, 2024/Volume XLVI, Issue 14, eff. 4/3/2024