New York Insurance Code § 3453

Group policy for service providers listed in a commercial directory
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* § 3453. Group policy for service providers listed in a commercial\ndirectory. (a) For purposes of this section, the following definitions\nshall apply:\n  (1) "Commercial directory" means any listing of businesses in print or\nelectronic form that is issued by an entity that publishes both white\nand yellow page directories.\n  (2) "Group member" means a service provider that is insured under the\ngroup policy.\n  (3) "Group policyholder" means an entity that publishes commercial\ndirectories.\n  (4) "Service provider" means any individual or business entity who is\nlisted in a commercial directory; purchases advertising services from a\npublisher of a commercial directory; and provides certain types of\nservices as specified by the publisher of the commercial directory.\n  (b) A group policy may be issued or issued for delivery in this state\nto a group policyholder only in accordance with the provisions of this\nsection.\n  (c) Coverage under a group policy shall extend only to service\nproviders, and shall be associated with the performance of contracts\nentered into by service providers.\n  (d) A group policy may provide coverage for the kind of insurance\nauthorized by paragraph sixteen of subsection (a) of section one\nthousand one hundred thirteen of this chapter, and the amount of\ncoverage shall not exceed five thousand dollars for each contract\nguaranteed by the coverage.\n  (e) The premium for the group policy, including certificates, may be\npaid by the group policyholder from the funds contributed:\n  (1) wholly by the group policyholder;\n  (2) wholly by the group members; or\n  (3) jointly by the group policyholder and the group members.\n  (f)(1) A group policy, including certificates, on which all or part of\nthe premium is to be derived from funds contributed by the group members\nspecifically for their insurance may be placed in force only if the\ngroup policy insures not less than fifty percent of the then eligible\nservice providers, or, if less, one hundred or more of such eligible\nservice providers excluding any as to whom evidence of individual\ninsurability is not satisfactory to the insurer. A group policy,\nincluding certificates, on which no part of the premium is to be derived\nfrom funds contributed by the group members specifically for their\ninsurance must insure all eligible service providers, excluding any as\nto whom evidence of individual insurability is not satisfactory to the\ninsurer.\n  (2) The group policy shall insure at least one hundred service\nproviders at date of issue, except that if part of the premium is to be\nderived from funds to be contributed by the group members specifically\nfor their insurance, then the group policy shall insure at least two\nhundred service providers at date of issue.\n  (g) (1) Any policy dividend, retrospective premium credit, or\nretrospective premium refund in respect of premiums paid by the group\npolicyholder may:\n  (A) be applied to reduce the premium contribution of the group\npolicyholder, but not in excess of the proportion to its contribution;\nor\n  (B) be retained by the group policyholder.\n  (2) Any policy dividend, retrospective premium credit, or\nretrospective premium refund not distributed under paragraph one of this\nsubsection shall be:\n  (A) applied to reduce future premiums and, accordingly, future\ncontributions, of existing or future group members, or both; or\n  (B) paid or refunded to those group members insured on the date the\npayment or refund is made to the group policyholder, if distributed by\nthe group policyholder, or on the date of mailing, if distributed\ndirectly by the insurer, subject to the following requirements:\n  (i) the insurer shall be responsible for determining the allocation of\nthe payment or refund to the group members;\n  (ii) if the group policyholder distributes the payment or refund, the\ninsurer shall be responsible for audit to ascertain that the payment or\nrefund is actually made in acco

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