S01912 Summary:

BILL NOS01912
 
SAME ASSAME AS A01055
 
SPONSORLIBOUS
 
COSPNSR
 
MLTSPNSR
 
Amd S3420, Ins L
 
Requires motor vehicle liability insurance policies to include supplemental spousal liability coverage unless the insured declines such coverage in writing.
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S01912 Actions:

BILL NOS01912
 
01/09/2013REFERRED TO INSURANCE
01/08/2014REFERRED TO INSURANCE
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S01912 Floor Votes:

There are no votes for this bill in this legislative session.
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S01912 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1912
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced  by  Sen.  LIBOUS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Insurance
 
        AN ACT to amend the insurance law,  in  relation  to  the  provision  of
          supplemental  spousal  liability  insurance to persons who are insured

          for loss resulting from the ownership, maintenance and use of a  motor
          vehicle
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subsection (g) of section 3420 of  the  insurance  law,  as
     2  amended  by  chapter  584  of  the  laws  of 2002, is amended to read as
     3  follows:
     4    (g) [No] (1) Except as otherwise provided in  paragraph  two  of  this
     5  subsection,  no policy or contract shall be deemed to insure against any
     6  liability of an insured because of death of or injuries to  his  or  her
     7  spouse or because of injury to, or destruction of property of his or her
     8  spouse   unless  express  provision  relating  specifically  thereto  is
     9  included in the policy [as provided in paragraphs one and  two  of  this

    10  subsection].  This  exclusion shall apply only where the injured spouse,
    11  to be entitled to recover,  must  prove  the  culpable  conduct  of  the
    12  insured spouse.
    13    [(1) Upon written request of an insured, and upon payment of a reason-
    14  able premium established in accordance with article twenty-three of this
    15  chapter, an] (2) (A) Every insurer issuing or delivering any policy that
    16  satisfies the requirements of article six of the vehicle and traffic law
    17  shall  provide  coverage  in such policy against liability of an insured
    18  because of death of or injuries to his or her spouse up to the liability
    19  insurance limits provided under  such  policy  even  where  the  injured
    20  spouse,  to  be  entitled to recover, must prove the culpable conduct of

    21  the insured spouse, unless the insured elects, in writing  and  in  such
    22  form as the superintendent determines, to decline and refuse such cover-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04011-01-3

        S. 1912                             2
 
     1  age  in  his  or  her  policy. Such insurance coverage shall be known as
     2  "supplemental spousal liability insurance".
     3    [(2)]  (B)  Upon  issuance,  renewal  or  amendment of a motor vehicle
     4  liability policy that satisfies the requirements of article six  of  the
     5  vehicle  and traffic law [and that becomes effective on or after January

     6  first, two thousand three, pursuant to regulations  promulgated  by  the
     7  superintendent],  the  insurer shall notify the insured, in writing, [of
     8  the availability of] that such policy shall include supplemental spousal
     9  liability insurance unless the insured declines and refuses such  insur-
    10  ance,  in  writing and in such form as shall be determined by the super-
    11  intendent.  Such notification shall be contained on  the  front  of  the
    12  premium  notice  in  boldface  type and include a concise statement that
    13  supplementary spousal coverage is [available] provided  unless  declined
    14  by  the  insured,  an  explanation  of  such coverage, and the insurer's
    15  premium for such coverage. [Subsequently, a notification of  the  avail-

    16  ability of supplementary spousal liability coverage shall be provided at
    17  least once a year in motor vehicle liability policies issued pursuant to
    18  article  six  of the vehicle and traffic law, including those originally
    19  issued prior to January first, two  thousand  three.  Such  notice  must
    20  include  a  concise  statement  that  supplementary  spousal coverage is
    21  available, an explanation of such coverage, and  the  insurer's  premium
    22  for such coverage.]
    23    §  2. This act shall take effect on the first of January next succeed-
    24  ing the date on which it shall have become a  law  and  shall  apply  to
    25  policies  issued,  renewed  or  modified on or after such date; provided
    26  that, effective immediately, any  actions  necessary  to  implement  the

    27  provisions of this act on its effective date are authorized and directed
    28  to be completed on or before such date.
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