§ 1693. Financial responsibility of transportation network companies.
1. A TNC driver, or TNC on the TNC driver's behalf through a group
policy, shall maintain insurance that recognizes that the driver is a
TNC driver and provides financial responsibility coverage:

(a) while the TNC driver is logged onto the TNC's digital network; and

(b) while the TNC driver is engaged in a TNC prearranged trip.

2. (a) The following automobile financial responsibility insurance
requirements shall apply while a TNC driver is logged onto the TNC's
digital network but is not engaged in a TNC prearranged trip: insurance
against loss from the liability imposed by law for damages, including
damages for care and loss of services, because of bodily injury to or
death of any person, and injury to or destruction of property arising
out of the ownership, maintenance, use or operation of a personal
vehicle or vehicles within this state, or elsewhere in the United States
in North America or Canada, subject to a limit, exclusive of interest
and costs, with respect to each such occurrence, of at least
seventy-five thousand dollars because of bodily injury to or death of
one person in any one accident and, subject to said limit for one
person, to a limit of at least one hundred fifty thousand dollars
because of bodily injury to or death of two or more persons in any one
accident, and to a limit of at least twenty-five thousand dollars
because of injury to or destruction of property of others in any one
accident, provided however, that such policy need not be for a period
coterminous with the registration period of the personal vehicle
insured, and coverage in satisfaction of the financial responsibility
requirements set forth in section three thousand four hundred twenty of
the insurance law, article fifty-one of the insurance law, and such
other requirements or regulations that may apply for the purposes of
satisfying the financial responsibility requirements with respect to the
use or operation of a motor vehicle.

(b) The coverage requirements of paragraph (a) of this subdivision may
be satisfied by any of the following:

(i) insurance maintained by the TNC driver; or

(ii) insurance provided through a group policy maintained by the TNC;
or

(iii) a combination of subparagraphs (i) and (ii) of this paragraph.

3. (a) The following automobile financial responsibility insurance
requirements shall apply while a TNC driver is engaged in a TNC
prearranged trip: insurance against loss from the liability imposed by
law for damages, including damages for care and loss of services,
because of bodily injury to or death of any person, and injury to or
destruction of property arising out of the ownership, maintenance, use,
or operation of a specific personal vehicle or vehicles within this
state, or elsewhere in the United States in North America or Canada,
subject to a limit, exclusive of interest and costs, with respect to
each such occurrence, of at least one million two hundred fifty thousand
dollars because of bodily injury to or death of any person, and injury
to or destruction of property provided however, that such policy need
not be for a period coterminous with the registration period of the
personal vehicle insured, and coverage in satisfaction of the financial
responsibility requirements set forth in section three thousand four
hundred twenty of the insurance law, article fifty-one of the insurance
law; coverage provided in accordance with subsection (f) of section
three thousand four hundred twenty of the insurance law, providing
supplementary uninsured/underinsured motorist insurance for bodily
injury, in the amount of one million two hundred fifty thousand dollars
because of bodily injury to or death of any person in any one accident;
and such other requirements or regulations that may apply for the
purposes of satisfying the financial responsibility requirements with
respect to the use or operation of a motor vehicle.

(b) The coverage requirements of paragraph (a) of this subdivision may
be satisfied by any of the following:

(i) insurance maintained by the TNC driver; or

(ii) insurance provided through a group policy maintained by the TNC;
or

(iii) a combination of subparagraphs (i) and (ii) of this paragraph.

4. A TNC shall, upon entering into a contractual agreement with a TNC
driver, provide notice to the TNC driver that he or she may need
additional insurance coverage including motor vehicle physical damage
coverage as described in paragraph nineteen of subsection (a) of section
one thousand one hundred thirteen of the insurance law if the TNC
vehicle being used by the TNC driver is subject to a lease or loan. A
TNC shall also post this notice on its website in a prominent place, and
provide contact information for the department of financial services.

5. If insurance maintained by a TNC driver pursuant to subdivisions
two and three of this section has lapsed or does not provide the
required coverage, then the group policy maintained by a TNC shall
provide the coverage required by this section beginning with the first
dollar of a claim and have the duty to defend such claim.

6. Coverage under a group policy maintained by the TNC shall not be
dependent on the denial of a claim by the insurer that issued the
insurance policy used to register the TNC vehicle, nor shall that
insurer be required to first deny a claim.

7. (a) Except as provided in paragraph (b) of this subdivision, a
group policy maintained by a TNC pursuant to subparagraph (ii) of
paragraph (b) of subdivisions two or three of this section shall be
placed with an insurer authorized to write insurance in this state.

(b) If a TNC is unable to purchase a group policy pursuant to
subparagraph (ii) of paragraph (b) of subdivisions two or three of this
section because such insurance is unavailable from authorized insurers
the TNC may acquire such group insurance with an excess line broker
pursuant to section two thousand one hundred eighteen of the insurance
law.

(c) The obligation to determine whether the insurance required by this
section is unavailable from insurers authorized to write insurance in
this state shall be made prior to the initial placement and at each
renewal of a policy.

8. A TNC driver who, while operating a TNC vehicle was logged on to
the TNC's digital network but not engaged in a TNC prearranged trip or
was engaged in a TNC prearranged trip, and has in effect the insurance
required pursuant to this article, shall not be deemed to be in
violation of article six of this chapter during such time that he or she
was logged on to the TNC's digital network but not engaged in a TNC
prearranged trip or was engaged in a TNC prearranged trip.

9. A TNC driver shall carry proof of coverage satisfying subdivisions
two and three of this section with him or her at all times during his or
her use or operation of a TNC vehicle in connection with a TNC's digital
network. Such proof of coverage shall be in such form as the
commissioner shall prescribe, which may be in the form of an insurance
identification card as defined in section three hundred eleven of this
chapter. Any insurance identification card issued pursuant to the
provisions of this article shall be in addition to the insurance
identification card required pursuant to article six of this chapter,
and nothing contained in this article shall be deemed to supersede the
requirements of such article six. Whenever the production of an
insurance identification card is required by law, a TNC driver shall (a)
produce the insurance identification card issued pursuant to article six
of this chapter and, (b) if such driver (i) was logged onto the TNC's
digital network but not engaged in a TNC prearranged trip or (ii) was
engaged in a TNC prearranged trip, such driver shall also produce the
insurance identification card required pursuant to this article.

10. The superintendent of financial services is authorized to issue
such rules and regulations necessary to implement this section.

11. The superintendent of financial services may promulgate
regulations to address insurance coverage under this section and section
sixteen hundred ninety-five of this article when a TNC driver uses
multiple digital networks simultaneously.

12. Nothing in this section shall impose financial responsibility
requirements upon any entities operating as vehicles for hire in a city
with a population of one million or more.

13. An insurer shall not include a mandatory arbitration clause in a
policy issued pursuant to this section. Nothing in this section
supercedes the mandatory arbitration requirements contained in section
five thousand one hundred five of the insurance law.