* § 3458. Group insurance for peer-to-peer car sharing programs. (a) For the purposes of this section and sections three thousand four hundred fifty-nine, three thousand four hundred sixty and three thousand four hundred sixty-one of this article, the following definitions shall apply:

1. (1) "Peer-to-peer car sharing" shall have the same meaning as set forth in article forty of the general business law.
2. (2) "Peer-to-peer car sharing program" or "program" shall have the same meaning as set forth in article forty of the general business law.
3. (3) "Peer-to-peer car sharing program agreement" or "agreement" shall have the same meaning as set forth in article forty of the general business law.
4. (4) "Shared vehicle" shall have the same meaning as set forth in article forty of the general business law.
5. (5) "Shared vehicle driver" shall have the same meaning as set forth in article forty of the general business law.
6. (6) "Shared vehicle owner" shall have the same meaning as set forth in article forty of the general business law.
7. (7) "Peer-to-peer car sharing delivery period" shall have the same meaning as set forth in article forty of the general business law.
8. (8) "Peer-to-peer car sharing start time" shall have the same meaning as set forth in article forty of the general business law.
9. (9) "Peer-to-peer car sharing period" or "car sharing period" shall have the same meaning as set forth in article forty of the general business law.
10. (10) "Peer-to-peer car sharing termination time" shall have the same meaning as set forth in article forty of the general business law.
11. (11) "Group policy" means an insurance policy that provides insurance to a peer-to-peer car sharing program in accordance with the requirements of section nine hundred two of the general business law.
12. (12) "Motor vehicle" shall have the same meaning as set forth in article forty of the general business law.

13. (b) An insurer who is authorized or eligible to do business in the state may issue, or issue for delivery in this state, a group policy of liability and property and casualty insurance to a peer-to-peer car sharing program to insure such peer-to-peer car sharing program, shared vehicles under the terms and conditions of peer-to-peer car sharing program agreements, shared vehicle drivers, and occupants of shared vehicles, as well as the program's agents, employees, directors, officers and assigns, as long as the following requirements are met:

    1. (1) such policy shall be primary with respect to any other insurance available to the shared vehicle owner, shared vehicle driver, or any other operator of the shared vehicle in the circumstances described in subdivision two of section nine hundred three of the general business law;
    2. (2) such policy shall provide coverage in accordance with the requirements of subdivision two of section nine hundred two of the general business law.
14. (c) An insurer which issues an insurance policy described in subsection (b) of this section shall issue such policy identifying the peer-to-peer car sharing program as the named insured, and any such policy shall include a provision that provides coverage, without prior notice to the insurer, for all shared vehicles during the peer-to-peer car sharing period. Such policy shall further include a provision that the shared vehicle drivers and occupants are included as insureds under the policy to the same extent that they would be insured under a private passenger motor vehicle policy issued pursuant to section three thousand four hundred twenty-five of this article and section three hundred eleven of the vehicle and traffic law.
15. (d) A group policy as provided for in subsections (b) and (c) of this section shall only be issued in accordance with the provisions of this section and section three thousand four hundred sixty-one of this article.
16. (e) An insurer which is authorized or eligible to do business in the state may issue a group policy of physical damage insurance to a peer-to-peer car sharing program to insure against loss due to physical damage to shared vehicles while the shared vehicles are in the custody of such peer-to-peer car sharing program shared vehicle driver. Except when the peer-to-peer car sharing program has contractually agreed to assume the risk of loss due to physical damage to the shared vehicle, such group policy shall provide primary coverage for physical damage loss either by collision coverage, comprehensive coverage, or both, to the shared vehicle while it shall be in the custody of the peer-to-peer car sharing program shared vehicle driver.
17. (f) An insurer which issues a group insurance policy described in this section shall issue such policy identifying the peer-to-peer car sharing program as the named insured, and any such policy shall include a provision that provides primary coverage, without prior notice to the insurer, for all shared vehicles during the peer-to-peer car sharing period. Except when the peer-to-peer car sharing program has contractually agreed to assume the risk of loss due to physical damage to the shared vehicle, such policy shall also include a provision that claims shall be adjusted pursuant to section three thousand four hundred twelve of this article, and, except when the peer-to-peer car sharing program has contractually agreed to assume the risk of loss due to physical damage to the shared vehicle, it shall further include physical damage coverage for damage or loss to the shared vehicle that shall have been incurred during the peer-to-peer car sharing period at a level no less than that of the amount of third party physical damage coverage.
18. (g) A group policy, as provided for in subsection (e) of this section, shall only be issued in accordance with the provisions of this section.
19. (h) Coverage under a group policy, as provided for in this section, shall not be dependent on a personal motor vehicle liability insurer first denying a claim, nor shall a personal motor vehicle insurance policy be required to first deny a claim before the group policy shall afford coverage pursuant to this section.
20. (i) Group coverage provided for in this section may be placed with an excess line broker pursuant to section two thousand one hundred eighteen of this chapter. * NB There are 2 § 3458's * NB Effective March 22, 2022