STATE OF NEW YORK
________________________________________________________________________
9289--A
IN ASSEMBLY
February 14, 2012
___________
Introduced by M. of A. ORTIZ -- read once and referred to the Committee
on Insurance -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the insurance law, in relation to making comprehensive
motor vehicle insurance reparations applicable to motorcycles
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subsection (f) of section 5102 of the insurance law is
2 amended to read as follows:
3 (f) "Motor vehicle" means a motor vehicle as defined in section three
4 hundred eleven of the vehicle and traffic law and also includes fire and
5 police vehicles, and motorcycles. It shall not include any motor vehi-
6 cle not required to carry financial security pursuant to article six,
7 eight or forty-eight-A of the vehicle and traffic law [or a motorcycle,
8 as defined in subsection (m) hereof].
9 § 2. Subsections (a) and (f) of section 5103 of the insurance law,
10 subsection (f) as amended by chapter 402 of the laws of 1986, are
11 amended to read as follows:
12 (a) Every owner's policy of liability insurance issued on a motor
13 vehicle in satisfaction of the requirements of article six or eight of
14 the vehicle and traffic law shall also provide for; every owner who
15 maintains another form of financial security on a motor vehicle in
16 satisfaction of the requirements of such articles shall be liable for;
17 and every owner of a motor vehicle required to be subject to the
18 provisions of this article by subdivision two of section three hundred
19 twenty-one of the vehicle and traffic law shall be liable for; the
20 payment of first party benefits to:
21 (1) Persons, other than occupants of another motor vehicle [or a
22 motorcycle], for loss arising out of the use or operation in this state
23 of such motor vehicle. In the case of occupants of a bus other than
24 operators, owners, and employees of the owner or operator of the bus,
25 the coverage for first party benefits shall be afforded under the policy
26 or policies, if any, providing first party benefits to the injured
27 person and members of his or her household for loss arising out of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14097-03-2
A. 9289--A 2
1 use or operation of any motor vehicle of such household. In the event
2 there is no such policy, first party benefits shall be provided by the
3 insurer of such bus.
4 (2) The named insured and members of his or her household[, other than
5 occupants of a motorcycle,] for loss arising out of the use or operation
6 of (i) an uninsured motor vehicle [or motorcycle], within the United
7 States, its territories or possessions, or Canada; and (ii) an insured
8 motor vehicle [or motorcycle] outside of this state and within the
9 United States, its territories or possessions, or Canada.
10 (3) Any New York resident who is neither the owner of a motor vehicle
11 with respect to which coverage for first party benefits is required by
12 this article nor, as a member of a household, is entitled to first party
13 benefits under paragraph two of this subsection, for loss arising out of
14 the use or operation of the insured or self-insured motor vehicle
15 outside of this state and within the United States, its territories or
16 possessions, or Canada.
17 (4) The estate of any covered person, other than an occupant of anoth-
18 er motor vehicle [or a motorcycle], a death benefit in the amount of two
19 thousand dollars for the death of such person arising out of the use or
20 operation of such motor vehicle which is in addition to any first party
21 benefits for basic economic loss.
22 (f) Every owner's policy of liability insurance issued on [a motorcy-
23 cle or] an all terrain vehicle in satisfaction of the requirements of
24 [article six or eight of the vehicle and traffic law or] section twen-
25 ty-four hundred seven of [such] the vehicle and traffic law shall also
26 provide for; every owner who maintains another form of financial securi-
27 ty on [a motorcycle or] an all terrain vehicle in satisfaction of the
28 requirements of such [articles or] section shall be liable for; and
29 every owner of [a motorcycle or] an all terrain vehicle required to be
30 subject to the provisions of this article by subdivision two of section
31 three hundred twenty-one of such law shall be liable for; the payment of
32 first party benefits to persons, other than the occupants of such
33 [motorcycle or] all terrain vehicle, another [motorcycle or] all terrain
34 vehicle, or any motor vehicle, for loss arising out of the use or opera-
35 tion of the [motorcycle or] all terrain vehicle within this state. Every
36 insurer and self-insurer may exclude from the coverage required by this
37 subsection a person who intentionally causes his or her own injury or is
38 injured while committing an act which would constitute a felony or while
39 seeking to avoid lawful apprehension or arrest by a law enforcement
40 officer.
41 § 3. Subsections (a) and (b) of section 5104 of the insurance law are
42 amended to read as follows:
43 (a) Notwithstanding any other law, in any action by or on behalf of a
44 covered person against another covered person for personal injuries
45 arising out of negligence in the use or operation of a motor vehicle in
46 this state, there shall be no right of recovery for non-economic loss,
47 except in the case of a serious injury, or for basic economic loss. [The
48 owner, operator or occupant of a motorcycle which has in effect the
49 financial security required by article six or eight of the vehicle and
50 traffic law, or which is referred to in subdivision two of section three
51 hundred twenty-one of such law, shall not be subject to an action by or
52 on behalf of a covered person for recovery for non-economic loss, except
53 in the case of a serious injury, or for basic economic loss.]
54 (b) In any action by or on behalf of a covered person, against a non-
55 covered person, where damages for personal injuries arising out of the
56 use or operation of a motor vehicle [or a motorcycle] may be recovered,
A. 9289--A 3
1 an insurer which paid or is liable for first party benefits on account
2 of such injuries has a lien against any recovery to the extent of bene-
3 fits paid or payable by it to the covered person. No such action may be
4 compromised by the covered person except with the written consent of the
5 insurer, or with the approval of the court, or where the amount of such
6 settlement exceeds fifty thousand dollars. The failure of such person to
7 commence such action within two years after accrual gives the insurer a
8 cause of action for the amount of first party benefits paid or payable
9 against any person who may be liable to the covered person for his
10 personal injuries. The insurer's cause of action shall be in addition to
11 the cause of action of the covered person except that in any action
12 subsequently commenced by the covered person for such injuries, the
13 amount of his or her basic economic loss shall not be recoverable.
14 § 4. This act shall take effect January 1, 2014.
