* § 3449. Wireless communications equipment insurance policies. (a) In
this section, the term "policy of wireless communications equipment
insurance" means an insurance policy covering the kind of insurance
described in subsection (1) of section two thousand one hundred
thirty-one of this chapter.

(b) (1) A group policy, and certificates issued thereunder, of
wireless communications equipment insurance shall not be subject to the
provisions of section three thousand four hundred twenty-five or three
thousand four hundred twenty-six of this article.

(2) An insurer shall not terminate or otherwise change the terms and
conditions of a group policy of wireless communications equipment
insurance, and certificates issued thereunder, except upon providing the
policyholder and certificate holders with at least sixty days notice. If
the insurer changes the terms and conditions, then the insurer shall
provide the policyholder with a revised policy or endorsement and each
certificate holder with a revised certificate or endorsement, an updated
brochure or facsimile thereof and an explanation of the changes.

(3) Notwithstanding paragraph two of this subsection, an insurer may
terminate a certificate upon fifteen days notice for:

(A) nonpayment of premium; or

(B) discovery of fraud or material misrepresentation in obtaining the
certificate or in the presentation of a claim thereunder.

(4) Notwithstanding paragraph two of this subsection, an insurer may
automatically terminate a certificate if the certificate holder:

(A) ceases to have active telecommunications service with the wireless
communications equipment vendor; or

(B) exhausts the aggregate limit of liability, if any, under the
certificate and the insurer sends notice of termination to the
certificate holder within fifteen business days after exhaustion of the
limit. However, if notice is not timely sent, coverage shall continue
notwithstanding the aggregate limit of liability until the insurer sends
notice of termination to the certificate holder.

(5) Notwithstanding the provisions of subparagraph (B) of paragraph
four of this subsection, upon the request of a certificate holder, the
certificate holder's coverage shall be eligible for reinstatement not
more than twelve months following the date of exhaustion of the coverage
limit in accordance with the terms of the policy and subject to the
enrollment criteria then applicable to prospective certificate holders
generally.

(6) Where the group policy is terminated by the policyholder, the
policyholder shall mail or deliver written notice to each certificate
holder advising the certificate holder of the termination of the group
policy and the effective date of termination. The written notice shall
be mailed or delivered to the certificate holder at least thirty days
prior to the termination.

(c) Whenever notice is required pursuant to this section, it shall be
in writing and mailed or delivered to the policyholder at the
policyholder's mailing address and to affected certificate holders at
the certificate holders' last known mailing addresses on file with the
insurer. Every notice of termination shall specify the reason or reasons
for termination.

(d) (1) Notwithstanding subsection (c) of this section, an insurer
shall not be required to give notice of termination to the certificate
holder if the insurer has been advised by either the policyholder or
another insurer that substantially similar coverage has been obtained
from the other insurer without lapse of coverage.

(2) A policyholder shall not be required to give notice of termination
to a certificate holder if substantially similar coverage has been
obtained from another insurer without lapse of coverage.

(e) The superintendent may promulgate regulations regarding policies
of wireless communications equipment insurance, including, but not
limited to, regulations governing policy terms and conditions, and may
establish other reasonable limitations.

* NB Effective until March 26, 2025

* § 3449. Wireless communications equipment insurance policies. (a) In
this section:

(1) "Policy of wireless communications equipment insurance" means an
insurance policy covering the kind of insurance described in paragraph
two of subsection (d) of section two thousand one hundred thirty-one of
this chapter.

(2) "Wireless communications equipment" shall have the same meaning as
described in section two thousand one hundred thirty-one of this
chapter.

(3) "Wireless communications equipment protection plan member" means
any individual who purchased a wireless communications equipment
protection plan and such wireless communications protection equipment
plan has not expired or been terminated.

(4) "Wireless communications equipment protection plan" means an
optional plan offered for sale by a wireless communications equipment
vendor licensed pursuant to section two thousand one hundred thirty-one
of this chapter and the plan provides:

(A) a policy of wireless communications equipment insurance covering
the wireless communications equipment under a group policy subject to
this section where the wireless communications equipment vendor is the
group policyholder;

(B) a service contract subject to article seventy-nine of this
chapter, provided that the service contract provider or its affiliate
recycles, reuses, or disposes the wireless communications equipment in
accordance with section 27-2303 of the environmental conservation law,
as added by chapter seven hundred thirty of the laws of two thousand
six; and

(C) may include one or more of the following:

(i) a wireless communications equipment upgrade program, provided that
the program recycles, reuses, or disposes the wireless communications
equipment in accordance with section 27-2303 of the environmental
conservation law, as added by chapter seven hundred thirty of the laws
of two thousand six;

(ii) technical support with respect to the wireless communications
equipment; and

(iii) any other services related to the use of the wireless
communications equipment that the superintendent deems to be meaningful
and appropriate, in accordance with subsection (h) of this section.

(5) "Wireless communications equipment vendor" means a retail seller,
manufacturer or distributor of the wireless communications equipment or
the entity providing the telecommunications service that is licensed
pursuant to section two thousand one hundred thirty-one of this chapter.

(b) (1) A group policy of wireless communications equipment insurance,
and certificates issued thereunder, may be issued only by an authorized
insurer.

(2) A group policy of wireless communications equipment insurance may
only be issued to a wireless communications equipment vendor.

(3) A group policy of wireless communications equipment insurance may
be offered as part of a wireless communications equipment protection
plan, provided that the wireless communications equipment vendor at the
same time also offers the wireless communication equipment insurance
from the same insurer on a stand-alone basis. The stand-alone wireless
communication equipment insurance coverage may be issued either on a
group or individual basis.

(c) Where a group policy of wireless communications equipment
insurance is provided as part of a wireless communications equipment
protection plan, the premium for the group policy, including
certificates, may be paid by the group policyholder from funds
contributed:

(1) wholly by the group policyholder;

(2) wholly by the wireless communications equipment protection plan
members; or

(3) jointly by the group policyholder and wireless communications
equipment protection plan members.

(d) For the purposes of this section, a wireless communications
equipment protection plan member shall be a certificate holder of
wireless communications insurance and a service contract holder as
defined in section seven thousand nine hundred two of this chapter.

(e) (1) A group policy of wireless communications equipment insurance,
and certificates issued thereunder, shall not be subject to the
provisions of section three thousand four hundred twenty-five or three
thousand four hundred twenty-six of this article.

(2) An insurer shall not terminate or otherwise change the terms and
conditions of a group policy of wireless communications equipment
insurance, and certificates issued thereunder, whether offered on a
stand-alone basis or as part of a wireless communications equipment
protection plan, except upon providing the policyholder and certificate
holders with at least sixty days notice. If the insurer changes the
terms and conditions, then the insurer shall provide the policyholder
with a revised policy or endorsement and each certificate holder with a
revised certificate or endorsement, an updated brochure or facsimile
thereof and an explanation of the changes.

(3) Notwithstanding paragraph two of this subsection, an insurer may
terminate a certificate upon fifteen days notice for:

(A) nonpayment of premium; or

(B) discovery of fraud or material misrepresentation in obtaining the
certificate or in the presentation of a claim thereunder.

(4) Notwithstanding paragraph two of this subsection, an insurer may
automatically terminate a certificate if the certificate holder:

(A) ceases to have active telecommunications service with the wireless
communications equipment vendor; or

(B) exhausts the aggregate limit of liability, if any, under the
certificate and the insurer sends notice of termination to the
certificate holder within fifteen business days after exhaustion of the
limit. However, if notice is not timely sent, coverage shall continue
notwithstanding the aggregate limit of liability until the insurer sends
notice of termination to the certificate holder.

(5) Notwithstanding paragraph two of this subsection, an insurer may
terminate a certificate of wireless communications equipment insurance
upon the termination of a wireless communications equipment protection
plan by a wireless communications equipment protection plan member when
the insurance is provided as part of such a plan program and the
wireless communications equipment protection plan member had been
provided clear and express notice in the plan documents when the plan
was initially purchased that the certificate of wireless communications
equipment insurance will cease upon termination of the wireless
communications equipment protection plan program. The insurer shall give
the wireless communications equipment protection plan member the option
to purchase a policy of wireless communications insurance on a
stand-alone basis.

(6) Notwithstanding the provisions of subparagraph (B) of paragraph
four of this subsection, upon the request of a certificate holder, the
certificate holder's coverage shall be eligible for reinstatement not
more than twelve months following the date of exhaustion of the coverage
limit in accordance with the terms of the policy and subject to the
enrollment criteria then applicable to prospective certificate holders
generally.

(7) Where the group policy of a wireless communications equipment
insurance, whether offered on a stand-alone basis or as part of a
wireless communications protection equipment plan, is terminated by the
policyholder, the policyholder shall mail or deliver written notice to
each certificate holder advising the certificate holder of the
termination of the group policy and the effective date of termination.
The written notice shall be mailed or delivered to the certificate
holder at least thirty days prior to the termination.

(f) Whenever notice is required pursuant to this section, it shall be
in writing and mailed or delivered to the policyholder at the
policyholder's mailing address and to affected certificate holders at
the certificate holders' last known mailing addresses on file with the
insurer or delivered by electronic means pursuant to section three
thousand four hundred fifty-eight of this chapter. Every notice of
termination shall specify the reason or reasons for termination.

(g) (1) Notwithstanding subsection (f) of this section, an insurer
shall not be required to give notice of termination to the certificate
holder if the insurer has been advised by either the policyholder or
another insurer that substantially similar coverage has been obtained
from the other insurer without lapse of coverage.

(2) A policyholder shall not be required to give notice of termination
to a certificate holder if substantially similar coverage has been
obtained from another insurer without lapse of coverage.

(h) The superintendent may promulgate regulations regarding policies
of wireless communications equipment insurance, including, but not
limited to, regulations governing policy terms and conditions, the
inclusion of such policies in wireless communications equipment
protection plans, treatment of dividends, and may establish other
reasonable limitations.

* NB Effective March 26, 2025