New York State Seal
STATE OF NEW YORK
INSURANCE DEPARTMENT
25 BEAVER STREET
NEW YORK, NEW YORK 10004

The Office of General Counsel issued the following informal opinion on September 5, 2001, representing the position of the New York State Insurance Department.

Re: New York State Insurance Department Personal Auto Liability and Physical Damage Coverage Form Filing Checklist

Question Presented:

In accordance with the Insurance Department Personal Auto Liability and Physical Damage Coverage Form Filing Checklist, must the deductible options offered for this type of coverage still be in compliance with N.Y. Ins. Law § 3411(k) (McKinney 2000)?

Conclusion:

Yes. N.Y. Ins. Law § 3411(k) (McKinney 2000) still applies.

Facts:

The inquirer included a copy of a New York Insurance Department "Personal Auto Liability and Physical Damage Coverage Form Filing Checklist" and highlighted question (d) (2), which refers to Section 3411(k) and Circular Letter No. 18 (1981). The inquirer noted that Circular Letter No. 18 (1981) has been withdrawn and inquires about the continued applicability of Section 3411(k).

Analysis:

Section 3411(k) relates to standard provisions and requirements for deductibles applicable to all physical damage insurance policies covering private passenger automobiles registered in this State. Section 3411(k) has not been repealed, sunsetted, or amended. Thus, Section 3411(k) still applies.

For further information you may contact Senior Attorney Robert Freedman at the New York City Office.