STATE OF NEW YORK
________________________________________________________________________
1574
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
Introduced by M. of A. SIMON -- Multi-Sponsored by -- M. of A. DAVILA --
read once and referred to the Committee on Insurance
AN ACT to amend the vehicle and traffic law and the insurance law, in
relation to owner's policy of liability insurance
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 4 of section 311 of the vehi-
2 cle and traffic law, as amended by chapter 305 of the laws of 1995, is
3 amended to read as follows:
4 (a) Affording coverage as defined in the minimum provisions prescribed
5 in a regulation which shall be promulgated by the superintendent at
6 least ninety days prior to effective date of this act. The superinten-
7 dent before promulgating such regulations or any amendment thereof,
8 shall consult with all insurers licensed to write automobile liability
9 insurance in this state and shall not prescribe minimum provisions which
10 fail to reflect the provisions of automobile liability insurance poli-
11 cies, other than motor vehicle liability policies as defined in section
12 three hundred forty-five of this chapter, issued within this state at
13 the date of such regulation or amendment thereof. Nothing contained in
14 such regulation or in this article shall prohibit any insurer from
15 affording coverage under an owner's policy of liability insurance more
16 liberal than that required by said minimum provisions. Every such
17 owner's policy of liability insurance shall provide insurance subject to
18 said regulation against loss from the liability imposed by law for
19 damages, including damages for care and loss of services, because of
20 bodily injury to or death of any person and injury to or destruction of
21 property arising out of the ownership, maintenance, use, or operation of
22 a specific motor vehicle or motor vehicles within the state of New York,
23 or elsewhere in the United States in North America or the Dominion of
24 Canada, subject to a limit, exclusive of interest and costs, with
25 respect to each such motor vehicle except a tow truck, of [twenty-five]
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02630-01-3
A. 1574 2
1 two hundred thousand dollars because of bodily injuries to and [fifty]
2 three hundred thousand dollars because of death of one person in any one
3 accident and, subject to said limit for one person, to a limit of
4 [fifty] three hundred thousand dollars because of bodily injury to and
5 [one] four hundred thousand dollars because of death of two or more
6 persons in any one accident, and to a limit of [ten] twenty-five thou-
7 sand dollars because of injury to or destruction of property of others
8 in any one accident provided, however, that such policy need not be for
9 a period coterminous with the registration period of the vehicle
10 insured. The limit, exclusive of interest and costs, with respect to a
11 tow truck shall be a combined single limit of at least three hundred
12 thousand dollars because of bodily injury or death to one or more
13 persons or because of injury or destruction of property of others in any
14 one accident, and to a limit of twenty-five thousand dollars because of
15 damage to a vehicle in the care, custody and control of the insured. Any
16 insurer authorized to issue an owner's policy of liability insurance as
17 provided for in this article may, pending the issue of such a policy,
18 make an agreement, to be known as a binder, or may, in lieu of such a
19 policy, issue a renewal endorsement or evidence of renewal of an exist-
20 ing policy; each of which shall be construed to provide indemnity or
21 protection in like manner and to the same extent as such a policy. The
22 provisions of this article shall apply to such binders, renewal endorse-
23 ments or evidences of renewal. Every such policy issued insuring private
24 passenger vehicles and every renewal policy, renewal endorsement, or
25 other evidence of renewal issued shall have attached thereto a rating
26 information form which clearly specifies and defines the rating classi-
27 fication assigned thereto, including any applicable merit rating plan;
28 and
29 § 2. Subsection (a) of section 5210 of the insurance law, as amended
30 by chapter 305 of the laws of 1995, is amended to read as follows:
31 (a) When any qualified person who has complied with all the applicable
32 requirements of this article recovers a final judgment in a court
33 against a financially irresponsible motorist, for injury to, or death
34 of, any person arising out of the ownership, maintenance or use of the
35 uninsured motor vehicle in this state, which remains unpaid, and all
36 appeals have been concluded or the time for commencing them has expired,
37 the judgment creditor may file a verified petition in the court in which
38 the judgment was entered and, upon ten days' written notice to the
39 corporation apply to the court for an order directing payment by the
40 corporation of the amount unpaid on the judgment. However, there shall
41 be no right of recovery by a covered person from the corporation for
42 non-economic loss unless such person has incurred a serious injury, as
43 such terms are defined in section five thousand one hundred two of this
44 chapter. Such judgment exclusive of interest and costs shall not
45 exceed:
46 (1) [twenty-five] two hundred thousand dollars on account of injury to
47 one person in any one accident, and
48 (2) [fifty] three hundred thousand dollars on account of death to one
49 person in any one accident, and
50 (3) [fifty] three hundred thousand dollars on account of injury to
51 more than one person in any one accident subject to the limit of [twen-
52 ty-five] two hundred thousand dollars for any one person, and
53 (4) [one] four hundred thousand dollars on account of death to more
54 than one person in any one accident subject to the limit of [fifty]
55 three hundred thousand dollars for any one person.
56 § 3. This act shall take effect immediately.
