New York Insurance Code § 3449

Wireless communications equipment insurance policies
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§ 3449. Wireless communications equipment insurance policies. (a) In\nthis section:\n  (1) "Policy of wireless communications equipment insurance" means an\ninsurance policy covering the kind of insurance described in paragraph\ntwo of subsection (d) of section two thousand one hundred thirty-one of\nthis chapter.\n  (2) "Wireless communications equipment" shall have the same meaning as\ndescribed in section two thousand one hundred thirty-one of this\nchapter.\n  (3) "Wireless communications equipment protection plan member" means\nany individual who purchased a wireless communications equipment\nprotection plan and such wireless communications protection equipment\nplan has not expired or been terminated.\n  (4) "Wireless communications equipment protection plan" means an\noptional plan offered for sale by a wireless communications equipment\nvendor licensed pursuant to section two thousand one hundred thirty-one\nof this chapter and the plan provides:\n  (A) a policy of wireless communications equipment insurance covering\nthe wireless communications equipment under a group policy subject to\nthis section where the wireless communications equipment vendor is the\ngroup policyholder;\n  (B) a service contract subject to article seventy-nine of this\nchapter, provided that the service contract provider or its affiliate\nrecycles, reuses, or disposes the wireless communications equipment in\naccordance with section 27-2303 of the environmental conservation law,\nas added by chapter seven hundred thirty of the laws of two thousand\nsix; and\n  (C) may include one or more of the following:\n  (i) a wireless communications equipment upgrade program, provided that\nthe program recycles, reuses, or disposes the wireless communications\nequipment in accordance with section 27-2303 of the environmental\nconservation law, as added by chapter seven hundred thirty of the laws\nof two thousand six;\n  (ii) technical support with respect to the wireless communications\nequipment; and\n  (iii) any other services related to the use of the wireless\ncommunications equipment that the superintendent deems to be meaningful\nand appropriate, in accordance with subsection (h) of this section.\n  (5) "Wireless communications equipment vendor" means a retail seller,\nmanufacturer or distributor of the wireless communications equipment or\nthe entity providing the telecommunications service that is licensed\npursuant to section two thousand one hundred thirty-one of this chapter.\n  (b) (1) A group policy of wireless communications equipment insurance,\nand certificates issued thereunder, may be issued only by an authorized\ninsurer.\n  (2) A group policy of wireless communications equipment insurance may\nonly be issued to a wireless communications equipment vendor.\n  (3) A group policy of wireless communications equipment insurance may\nbe offered as part of a wireless communications equipment protection\nplan, provided that the wireless communications equipment vendor at the\nsame time also offers the wireless communication equipment insurance\nfrom the same insurer on a stand-alone basis. The stand-alone wireless\ncommunication equipment insurance coverage may be issued either on a\ngroup or individual basis.\n  (c) Where a group policy of wireless communications equipment\ninsurance is provided as part of a wireless communications equipment\nprotection plan, the premium for the group policy, including\ncertificates, may be paid by the group policyholder from funds\ncontributed:\n  (1) wholly by the group policyholder;\n  (2) wholly by the wireless communications equipment protection plan\nmembers; or\n  (3) jointly by the group policyholder and wireless communications\nequipment protection plan members.\n  (d) For the purposes of this section, a wireless communications\nequipment protection plan member shall be a certificate holder of\nwireless communications insurance and a service contract holder as\ndefined in section seven thousand nine hu

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