N.Y. Comp. Codes R. & Regs. tit. 17 § 127.3
Liability insurance is required, not only for the protection of the State of New York, but also as a means of assuring the accountability of permittees to the traveling public. Insurance policies are required to provide primary and non-contributory coverage for the State of New York to cover claims that arise out of the permitted work/operations. Insurance policies that remove or restrict blanket contractual liability located in the "insured contract" definition (as stated in section V, number 9, Item f in the ISO CGL policy) so as to limit coverage against claims that arise out of permit work, or that remove or modify the "insured contract" exception to the employers liability exclusion, or that do not cover the additional insured for claims involving injury to employees of the named insured or subcontractors, are not acceptable. The type and limits of liability insurance required from permittees shall vary depending upon the type of permit, the nature of the work being performed, and the dollar-value of the improvements, construction, work or operations. Policies of insurance shall be endorsed to provide coverage to "The State of New York and the Commissioner of Transportation and all employees of the State Department of Transportation" for claims arising from the permitted work. The required insurance shall be documented by means of a certificate of insurance, upon a form satisfactory to the department, furnished by the permittee before the commencement of any work/operations. In the absence of an acceptable general liability insurance policy, a permittee, excluding a permittee for a special use permit, may purchase a protective liability insurance policy with the limits of coverage that would normally apply to general liability insurance. Self-insurance is permissible from municipalities, Federal agencies, public authorities, public benefit corporations, public utilities, transportation corporations and railroads, by use of an undertaking agreement acceptable to the department. Self-insurance from other permittees in lieu of the required liability insurance may be accepted upon satisfactory proof that permittee has the financial resources and an established self-insurance program to adjust and pay liability claims.
Any contractor engaged to construct a residential driveway permitted under Part 125.9 of this Title shall be required to have a commercial general liability insurance policy with limits of liability of not less than $500,000 per claim/occurrence. The permittee shall provide proof of the insurance for any contractor being utilized to do the work, and shall be required to comply with the indemnity and other security requirements set forth in this Part. A homeowner that performs such work on his/her own residence without the use of a contractor shall be exempt from the requirement to maintain commercial general liability insurance coverage.
Any permittee seeking a permit for a commercial driveway permitted under section 125.10(a) of this Title, including those driveways described as either major or minor commercial driveways under section 125.1(e) and (f) of this Title, shall be required to have a commercial general liability insurance policy with limits of liability of not less than $1,000,000 per claim/occurrence except that if any of the following conditions apply to the permitted work, the limits of liability shall be not less than $5,000,000 per claim/occurrence:
Any permittee seeking a permit to perform utility work under Part 126 of this Title; whether an original installation, maintenance or repair or miscellaneous work, shall be required to have a commercial general liability insurance policy with limits of liability of not less than $1,000,000 per claim/occurrence except that if any of the following conditions apply to the permitted work, the limits of liability shall be not less than $5,000,000 per claim/occurrence:
Any permittee seeking a permit to control vegetation in connection with any outdoor advertising sign permitted under Part 134 of this Title shall be required to have a commercial general liability insurance policy with limits of liability of not less than $1,000,000 per claim/occurrence.
Individuals or community organizations seeking a permit to adopt a highway under Part 126 of this Title, shall not be required to have a liability insurance policy, but shall be required to provide proof of the insurance for any contractor being utilized to do the work.
Permittee seeking a permit to perform other nonutility work under Part 126 of this Title, including roadway improvements, tree work, miscellaneous construction, encroachment, or other miscellaneous work operations, shall be required to have a commercial general liability insurance policy with limits of liability of not less than $1,000,000 per claim/occurrence except that if any of the following conditions apply to the permitted work, the limits of liability shall be not less than $5,000,000 per claim/occurrence:
The permittee shall provide proof of the insurance for any contractor being utilized to do the work, and shall be required to comply with the indemnity and other security requirements set forth in this Part. A homeowner that performs such work on his/her own residence without the use of a contractor shall be exempt from the requirement to maintain commercial general liability coverage.
Any permittee seeking an annual maintenance permit to, maintain or replace existing under-ground or above-ground facilities permitted under Part 129 of this Title, including electric power, communications, poles, gas or water lines shall be required to have a commercial general liability insurance policy with limits of liability of not less than $5,000,000 per claim/occurrence.
Any permittee seeking a permit to install a traffic signal permitted under section 125.11 of this Title, or to construct maintain or alter other overhead features on or attached to traffic signals, bridges or sign structures shall be required to have a commercial general liability insurance policy with limits of liability of not less than $5,000,000 per claim/occurrence.
Any permittee seeking a permit to conduct a special event in the highway right-of-way such as a race, festival, parade or filming of a movie or commercial shall be required to have a commercial general liability insurance policy with limits of liability of not less than $5,000,000 per claim/occurrence. Where registered motor vehicles will be utilized as part of the event, permittee shall also be required to have automobile liability insurance with limits of liability of not less than $1,000,000 per claim/occurrence.
N.Y. Comp. Codes R. & Regs. Tit. 17 § 127.3