New York State Assembly

 
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A08500 Summary:

A08500 Actions:

A08500 Committee Votes:

Committee:INSURANCE   Chair:Weprin      
DATE:01/08/2024AYE/NAY:23/0  Action: Favorable         
Weprin
Aye
Blankenbush
Aye
Cook
Aye
Hawley
Aye
Pretlow
Aye
Palmesano
Aye
Lavine
Aye
Gandolfo
Aye
Steck
Aye
Curran
Aye
Dilan
Aye
Jensen
Aye
Hunter
Aye
Blumencranz
Aye
Stern
Aye
Bendett
Aye
Jacobson
Aye
Meeks
Excused
Forrest
Aye
Anderson
Aye
Cruz
Aye
Bores
Aye
Lunsford
Aye
Berger
Aye

A08500 Floor Votes:

A08500 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8500
 
                   IN ASSEMBLY
 
                                     January 4, 2024
                                       ___________
 
        Introduced by M. of A. WEPRIN -- read once and referred to the Committee
          on Insurance
 
        AN  ACT  to  amend  the  insurance law and a chapter of the laws of 2023
          amending the insurance law relating to  using  driving  history  as  a
          rating  or  underwriting  factor  for  private passenger motor vehicle
          insurance, as proposed in legislative bills numbers S. 5764-B  and  A.
          4668-B, in relation to using driving history as a rating or underwrit-
          ing factor for private passenger motor vehicle insurance
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 2327 of the insurance law, as added by a chapter of
     2  the laws of 2023 amending the insurance law relating  to  using  driving
     3  history  as  a rating or underwriting factor for private passenger motor
     4  vehicle insurance, as proposed in legislative bills  numbers  S.  5764-B
     5  and A. 4668-B, is amended to read as follows:
     6    §  2327.  Verification  of driving history. No insurer who utilizes an
     7  applicant's New York state driving history as a rating  or  underwriting
     8  factor for private passenger motor vehicle insurance in this state shall
     9  bind  a  policy  of  insurance,  or [accept] process a percentage of the
    10  annual premium due for a policy,  without  first  making  a  good  faith
    11  effort  to  verify  said  applicant's New York state driving history, as
    12  well as the New York state driving history of all named drivers that are
    13  used to rate the policy and are listed by the applicant on  the  private
    14  passenger  motor  vehicle  insurance  application,  through the use of a
    15  third-party database. An insurer also shall verify, through a third-par-
    16  ty database, the New York state driving history of a named  driver  used
    17  to rate the policy when added during the policy period [and shall verify
    18  the  driving  history  of  all drivers used to rate the policy at policy
    19  renewal], unless the New York state driving history  is  unavailable  at
    20  the  time  of  the  initial  inquiry  due to a temporary website outage,
    21  service interruption or other circumstances beyond the  control  of  the
    22  insurer, producer or third-party representative.
    23    § 2. Section 2 of a chapter of the laws of 2023 amending the insurance
    24  law relating to using driving history as a rating or underwriting factor
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09439-08-4
        A. 8500                             2
 
     1  for  private  passenger motor vehicle insurance, as proposed in legisla-
     2  tive bills numbers S. 5764-B and  A.  4668-B,  is  amended  to  read  as
     3  follows:
     4    § 2. This act shall take effect on the one hundred eightieth day after
     5  it  shall  have  become  a  law  and  shall apply to policies issued [or
     6  renewed] on or after such date.  Effective  immediately,  the  addition,
     7  amendment  and/or  repeal  of  any  rule or regulation necessary for the
     8  implementation of this act on its effective date are  authorized  to  be
     9  made and completed on or before such effective date.
    10    §  3.  This  act  shall  take  effect on the same date and in the same
    11  manner as a chapter of the laws  of  2023  amending  the  insurance  law
    12  relating to using driving history as a rating or underwriting factor for
    13  private  passenger  motor  vehicle insurance, as proposed in legislative
    14  bills numbers S. 5764-B and A. 4668-B, takes effect.