Bill Text: NY A02213 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to an owner's policy of liability insurance; increases the limits for liability arising out of bodily injury to or death of any person.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2022-01-05 - referred to insurance [A02213 Detail]

Download: New_York-2021-A02213-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2213

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 14, 2021
                                       ___________

        Introduced  by  M. of A. SIMON -- Multi-Sponsored by -- M. of A. DAVILA,
          GALEF, GOTTFRIED, RICHARDSON -- read once and referred to the  Commit-
          tee 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]
    26  two hundred thousand dollars because of bodily injuries to  and  [fifty]
    27  three hundred thousand dollars because of death of one person in any one

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01037-01-1
        A. 2213                             2

     1  accident  and,  subject  to  said  limit  for  one person, to a limit of
     2  [fifty] three hundred thousand dollars because of bodily injury  to  and
     3  [one]  four  hundred  thousand  dollars  because of death of two or more
     4  persons  in  any one accident, and to a limit of [ten] twenty-five thou-
     5  sand dollars because of injury to or destruction of property  of  others
     6  in  any one accident provided, however, that such policy need not be for
     7  a period  coterminous  with  the  registration  period  of  the  vehicle
     8  insured.  The  limit, exclusive of interest and costs, with respect to a
     9  tow truck shall be a combined single limit of  at  least  three  hundred
    10  thousand  dollars  because  of  bodily  injury  or  death to one or more
    11  persons or because of injury or destruction of property of others in any
    12  one accident, and to a limit of twenty-five thousand dollars because  of
    13  damage to a vehicle in the care, custody and control of the insured. Any
    14  insurer  authorized to issue an owner's policy of liability insurance as
    15  provided for in this article may, pending the issue of  such  a  policy,
    16  make  an  agreement,  to be known as a binder, or may, in lieu of such a
    17  policy, issue a renewal endorsement or evidence of renewal of an  exist-
    18  ing  policy;  each  of  which shall be construed to provide indemnity or
    19  protection in like manner and to the same extent as such a  policy.  The
    20  provisions of this article shall apply to such binders, renewal endorse-
    21  ments or evidences of renewal. Every such policy issued insuring private
    22  passenger  vehicles  and  every  renewal policy, renewal endorsement, or
    23  other evidence of renewal issued shall have attached  thereto  a  rating
    24  information  form which clearly specifies and defines the rating classi-
    25  fication assigned thereto, including any applicable merit  rating  plan;
    26  and
    27    §  2.  Subsection (a) of section 5210 of the insurance law, as amended
    28  by chapter 305 of the laws of 1995, is amended to read as follows:
    29    (a) When any qualified person who has complied with all the applicable
    30  requirements of this article  recovers  a  final  judgment  in  a  court
    31  against  a  financially  irresponsible motorist, for injury to, or death
    32  of, any person arising out of the ownership, maintenance or use  of  the
    33  uninsured  motor  vehicle  in  this state, which remains unpaid, and all
    34  appeals have been concluded or the time for commencing them has expired,
    35  the judgment creditor may file a verified petition in the court in which
    36  the judgment was entered and, upon  ten  days'  written  notice  to  the
    37  corporation  apply  to  the  court for an order directing payment by the
    38  corporation of the amount unpaid on the judgment.  However, there  shall
    39  be  no  right  of  recovery by a covered person from the corporation for
    40  non-economic loss unless such person has incurred a serious  injury,  as
    41  such  terms are defined in section five thousand one hundred two of this
    42  chapter.   Such judgment exclusive  of  interest  and  costs  shall  not
    43  exceed:
    44    (1) [twenty-five] two hundred thousand dollars on account of injury to
    45  one person in any one accident, and
    46    (2)  [fifty] three hundred thousand dollars on account of death to one
    47  person in any one accident, and
    48    (3) [fifty] three hundred thousand dollars on  account  of  injury  to
    49  more  than one person in any one accident subject to the limit of [twen-
    50  ty-five] two hundred thousand dollars for any one person, and
    51    (4) [one] four hundred thousand dollars on account of  death  to  more
    52  than  one  person  in  any  one accident subject to the limit of [fifty]
    53  three hundred thousand dollars for any one person.
    54    § 3. This act shall take effect immediately.