Relates to insurance rates, rating plans, rating rules and rate manuals for livery drivers; provides no such rate shall be approved by the superintendent if it is over 20% the rate used for equivalent black car operators.
STATE OF NEW YORK
________________________________________________________________________
5879
2019-2020 Regular Sessions
IN SENATE
May 16, 2019
___________
Introduced by Sen. SANDERS -- 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 insurance rates,
rating plans, rating rules and rate manuals for livery drivers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2328 of the insurance law, as amended by chapter 69
2 of the laws of 2017, is amended to read as follows:
3 § 2328. Certain motor vehicle insurance rates; prior approval. (a)
4 For the periods February first, nineteen hundred seventy-four through
5 August second, two thousand one, and the effective date of the
6 property/casualty insurance availability act through June thirtieth, two
7 thousand twenty, no changes in rates, rating plans, rating rules and
8 rate manuals applicable to motor vehicle insurance, including no-fault
9 coverages under article fifty-one of this chapter, shall be made effec-
10 tive until approved by the superintendent, notwithstanding any incon-
11 sistent provisions of this article; provided, however, that changes in
12 such rates, rating plans, rating rules and rate manuals may be made
13 effective without such approval if the rates that result from such
14 changes are no higher than the insurer's rates last approved by the
15 superintendent. This section shall apply only to policies covering loss-
16 es or liabilities arising out of ownership of a motor vehicle used prin-
17 cipally for the transportation of persons for hire, including a bus or a
18 school bus as defined in sections one hundred four and one hundred
19 forty-two of the vehicle and traffic law.
20 (b) No insurance rate, rating plan, rating rule or rate manual appli-
21 cable to a livery driver, as defined under subdivision seven of section
22 one hundred sixty-aaa of the executive law, which exceeds more than
23 twenty percent of the amount of an insurance rate, rating plan, rating
24 rule or rate manual applicable to an otherwise substantially equivalent
25 black car operator, as defined under subdivision one of section one
26 hundred sixty-cc of the executive law, shall be approved by the super-
27 intendent.
28 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11793-01-9
