§ 2-431 Insurance.
RCNY § 2-431
(a)Liability insurance.
(1)Every licensee must secure and maintain throughout the term of the license commercial general liability ("CGL") insurance which must: (i) be issued by a company that may lawfully issue the CGL policy and which has an A.M. Best rating of at least A-/VII or a Standard & Poor's rating of at least A; (ii) insure both the licensee and the City of New York and protect the City of New York from any claims for injury (including death) or property damage that may arise from, or allegedly arises from, the construction, operation or use of the car wash; (iii) provide coverage of at least one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate; (iv) provide coverage at least as broad as that provided in the most recently issued edition of Insurance Services Office ("ISO") Form CG 0001 and be "occurrence" based instead of "claims made"; and (v) name the City of New York as an additional insured with coverage at least as broad as the most recent edition of ISO Forms CG 20 12 or CG 20 26.
(2)Each applicant shall submit proof of CGL insurance by submission of the endorsement(s) naming the City as an additional insured and either: (i) a certificate of insurance in a form satisfactory to the Department that satisfies the requirements of this rule, identifies the insurance company that issued such insurance policy, the policy number, limit(s) of insurance, and expiration date and is accompanied by a sworn statement in a form prescribed by the Department from a licensed insurance broker or agent certifying that the certificate of insurance is accurate in all material respects; or (ii) an original or true copy of the CGL policy as certified by an authorized representative of the issuing insurance carrier.
(b)Workers' compensation insurance.
(3)This requirement shall not apply to applicants that are not required by law to maintain this coverage.
(i)Any applicant that is not required by law to maintain this coverage shall submit to the Department proof from the New York State Workers' Compensation Board on Form CE-200 – Certificate of Attestation of Exemption.
(c)Disability benefits insurance.
(d)Unemployment insurance.
(e)If any insurance required by this rule expires, is cancelled or otherwise terminates without being simultaneously replaced with new or renewed insurance satisfying the requirements of this rule, the licensee shall immediately notify the Department of such fact. Such notification may be made on behalf of the licensee by its insurance company, agent or broker.
(f)Every licensee shall furnish proof of continued coverage and a copy of any required policy upon request by the Department or by the New York City Law Department.
(g)Failure to maintain any insurance required by this subdivision at all times shall be considered grounds for the suspension or revocation of a license issued pursuant to Subchapter 33 of Chapter 2 of Title 20 of the Administrative Code. (Added City Record 9/26/2016, eff. 10/26/2016; amended City Record 1/28/2020, eff. 2/27/2020)
