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.