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S04483 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4483
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    February 5, 2021
                                       ___________
 
        Introduced  by  Sen. BRESLIN -- 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 allowing credit  cards
          to offer an ancillary benefit for wireless communications equipment
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph 12 of subsection  (d)  of  section  3442  of  the
     2  insurance  law, as amended by chapter 318 of the laws of 2008, is renum-
     3  bered paragraph 13 and amended, and a new paragraph 12 is added to  read
     4  as follows:
     5    (12) Loss of or damage to wireless communications equipment or loss of
     6  use  resulting  from  a  defect  in materials or workmanship to wireless
     7  communication equipment, where:
     8    (A) the wireless communications equipment is owned or leased by;
     9    (i) an authorized user; or
    10    (ii) a beneficiary other than  an  authorized  user,  if  coverage  is
    11  provided  under  the account group policy to the beneficiary as an addi-
    12  tional insured;
    13    (B) the account group member's payment medium is used  to  obtain  the
    14  wireless services related to the wireless communication equipment;
    15    (C)  the  amount  of coverage does not exceed ten thousand dollars per
    16  wireless communications equipment, but in no event  shall  the  coverage
    17  exceed  fifty  thousand  dollars  in  the aggregate per group member per
    18  policy year;
    19    (D) the period of coverage for the  wireless  communication  equipment
    20  does  not  exceed  60 days from each date wireless services are charged,
    21  debited, or drawn; and
    22    (E) For purposes of this paragraph, the term "wireless  communications
    23  equipment"  shall  mean  wireless  handsets,  pagers,  personal  digital
    24  assistants, wireless telephones  or  wireless  telephone  batteries  and
    25  other  wireless devices and accessories related to such devices that are
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04799-01-1

        S. 4483                             2
 
     1  used to access wireless communications services  and  includes  wireless
     2  services.
     3    (13) Coverages which, in the opinion of the superintendent, are deter-
     4  mined  to  be  substantially  similar  to one of the foregoing coverages
     5  specified in paragraphs one through [eleven] twelve of this  subsection,
     6  or  such  other coverages that the superintendent determines are limited
     7  in scope, and not duplicative or a substitute for other more  comprehen-
     8  sive  coverages,  and  thereupon  for  purposes of this section shall be
     9  deemed to be permissible pursuant  to  regulations  promulgated  by  the
    10  superintendent.
    11    § 2. This act shall take effect immediately.
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