N.Y. Comp. Codes R. & Regs. tit. 15 § 34.8

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

Section 34.8 - Assignment, maintenance and withdrawal of nys insurance company code

(a) Background. DMV shall assign a three-digit numeric ICC to an insurance company duly licensed or registered by the New York State Department of Financial Services that has met all of the requirements set forth herein. The assigned ICC and the name of the insurance company shall appear on all NYS insurance ID cards and insurance certificates as prescribed by Part 32 of this Title. Such code assignment is conditional on an insurance company meeting all DMV requirements and continuing to fully comply with all applicable requirements set forth under the Vehicle and Traffic Law, this Part and Part 32 of this Title including DMV MVLIR specifications.

(b) Requirements for Assignment of NYS ICC. An insurance company shall provide the IIES Compliance Unit in DMV's Insurance Services Bureau with the following: its NAIC code assigned by the National Association of Insurance Commissioners; a copy of its NYS license or registration authorizing it to write primary insurance coverage in New York State issued by the New York State Department of Financial Services; the name and title, address, telephone number, e-mail address and fax number of the individual officially designated as the DMV administrative contact person for this Part and Part 32 of this Title; the name and title, address, telephone number, e-mail address and fax number of the individual officially designated as the DMV technical contact person for this Part and Part 32 of this Title; if applicable, authorization as defined in section 34.2(v) of this Part, for a servicing agent to report notices on behalf of an insurance company or insurance companies. Such 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. In addition, an insurance company or its servicing agent shall: pass DMV trading partner certification to demonstrate its ability to submit, resubmit and receive EDI transactions in compliance with this Part and DMV's MVLIR specifications; demonstrate its ability to submit notices to DMV for policies issued directly by the insurance company or indirectly through agents or brokers within the time frames prescribed by this Part; and pass DMV Part 32 certification testing, as applicable, to fully demonstrate its ability to produce insurance ID cards in compliance with Part 32 of this Title.

(c) Requirements for maintenance of a DMV assigned NYS ICC. An insurance company shall: notify DMV in writing (mail, fax or e-mail) within seven days of any changes to information required by subdivision (b) of this section. Any change to insurance company name shall be accompanied by a copy of its NYS license to write primary insurance coverage in New York State issued by the New York State Insurance Department that reflects the name change; fully comply with and continue to fully comply with all applicable requirements under articles 6 and 8 of the Vehicle and Traffic Law, this Part and Part 32 of this Title including DMV MVLIR specifications; and fully comply with and continue to fully comply with any and all changes required by articles 6 and 8 of the Vehicle and Traffic Law, this Part and Part 32 of this Title, including DMV MVLIR specifications, within the time frames provided for such changes.

(d) Acquisition and consolidation. Insurance companies involved in acquisition and consolidation actions shall continue to submit notices to DMV as required by this Part in the manner and within the time frames prescribed by this Part. No provision shall be made by DMV to waive, suspend or modify any requirements prescribed herein.

(e) Liquidation. An insurance company that is being liquidated under the direction of the New York State Insurance Department (NYSID) shall submit notices to DMV as required by this Part in the manner and within the time frames prescribed by this Part. Compliance with this Part requires the reporting of notices by the insurance company being liquidated, a designated servicing agent or NYSID acting as a servicing agent. No provision shall be made to waive, suspend or modify any requirements prescribed herein.

(f) Notices required for acquisition, consolidation and liquidation. All involved parties shall provide specific relevant information required by the department to DMV in a timely manner. Timely manner is defined as within such time frame that will not result in negative impacts in the form of DMV administrative sanctions against policyholder registrants. The department shall determine on a case-by-case basis whether both electronic XLC and NBS notices or only electronic NBS notices are required to be submitted to DMV.

(g) Withdrawal of DMV assigned NYS ICC. DMV shall protect NYS registrants from unwarranted registration suspensions, registration revocations and driver's license suspensions, as applicable, due to an insurance company's non-compliance with this Part. DMV shall withdraw a NYS ICC assigned to an insurance company for non-compliance with applicable provisions of articles 6 and 8 of the Vehicle and Traffic Law, this Part and Part 32 of this Title including DMV MVLIR specifications for reasons including but not limited to the following: failure to report notices to DMV in accordance with requirements set forth in articles 6 and 8 of the Vehicle and Traffic Law and this Part, including DMV MVLIR specifications; failure to successfully initially load during the June 12, 2000 to September 12, 2000 window; failure to successfully initially load composite rated vehicles by February 28, 2001; failure to respond to DMV initiated mandatory verification (MVF) transactions; failure to report and/or properly report ongoing notices and/or resubmit and/or properly resubmit corrected notices in accordance with requirements set forth in articles 6 and 8 of the Vehicle and Traffic Law and this Part including DMV MVLIR specifications; failure to cooperate with the commissioner in establishing a plan or remediation plan to comply with applicable provisions of the Vehicle and Traffic Law and the requirements set forth in this Part and Part 32 of this Title, including DMV MVLIR specifications; failure to establish a telecommunications link with a value added network (VAN) and provide VAN mailbox information to DMV; or failure to issue NYS insurance identification cards, including FH insurance certificates, in full compliance with requirements set forth in Part 32 of this Title.

(h) Questions concerning this section should be directed to:

New York State Department of Motor Vehicles

Insurance Information and Enforcement System

Insurance Services Bureau

Attention: IIES Compliance Unit

Six Empire State Plaza

Albany, NY 12228

E-mail: iies@dmv.state.ny.us

Fax: (518) 473-4347

N.Y. Comp. Codes R. & Regs. Tit. 15 § 34.8

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