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.
Last modified: February 3, 2019