Bill Text: NY A03664 | 2013-2014 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Permits an insurer to rescind or retroactively cancel a policy in circumstance involving an accident staged to defraud an insurer.
Spectrum: Slight Partisan Bill (Democrat 29-10)
Status: (Introduced - Dead) 2014-01-08 - referred to insurance [A03664 Detail]
Download: New_York-2013-A03664-Amended.html
Bill Title: Permits an insurer to rescind or retroactively cancel a policy in circumstance involving an accident staged to defraud an insurer.
Spectrum: Slight Partisan Bill (Democrat 29-10)
Status: (Introduced - Dead) 2014-01-08 - referred to insurance [A03664 Detail]
Download: New_York-2013-A03664-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 3664--A 2013-2014 Regular Sessions I N A S S E M B L Y January 28, 2013 ___________ Introduced by M. of A. HEASTIE, CAMARA, CYMBROWITZ, GIBSON, DINOWITZ, ZEBROWSKI, WEPRIN, JAFFEE, MAGNARELLI, MORELLE, BRENNAN, CASTRO, SIMO- TAS, HEVESI, MOYA, GALEF -- Multi-Sponsored by -- M. of A. BARCLAY, BOYLAND, CERETTO, COOK, CRESPO, CROUCH, GABRYSZAK, GLICK, GOODELL, GUNTHER, HIKIND, HOOPER, MAISEL, MALLIOTAKIS, MARKEY, McDONOUGH, McLAUGHLIN, MILLMAN, MONTESANO, OAKS, PERRY, PRETLOW, RAIA, SCARBOR- OUGH, SCHIMEL, SIMANOWITZ, STEVENSON, TITONE, WEISENBERG -- read once and referred to the Committee on Insurance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the insurance law and the vehicle and traffic law, in relation to permitting an insurer to rescind or retroactively cancel a policy in certain circumstances THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The insurance law is amended by adding a new section 3455 2 to read as follows: 3 S 3455. CANCELLATION OF POLICY. (A) AN INSURER MAY, WITHIN THE FIRST 4 SIXTY DAYS, RESCIND OR RETROACTIVELY CANCEL TO THE INCEPTION A NEWLY 5 ISSUED AUTOMOBILE INSURANCE POLICY SUBJECT TO PARAGRAPH ONE OF 6 SUBSECTION (A) OF SECTION THREE THOUSAND FOUR HUNDRED TWENTY-FIVE OF 7 THIS ARTICLE, A NEWLY ISSUED COMMERCIAL AUTOMOBILE INSURANCE POLICY 8 SUBJECT TO SECTION THREE THOUSAND FOUR HUNDRED TWENTY-SIX OF THIS ARTI- 9 CLE, OR A POLICY ISSUED PURSUANT TO ANY PLAN ESTABLISHED UNDER ARTICLE 10 FIFTY-THREE OF THIS CHAPTER, IF THE INITIAL PREMIUM PAYMENT IS NOT 11 HONORED BY A FINANCIAL INSTITUTION DUE TO THE NONEXISTENCE OR THE UNAU- 12 THORIZED USE OF A BANK ACCOUNT, OR THE INITIAL PREMIUM PAYMENT IS DENIED 13 BY A CREDIT CARD COMPANY DUE TO THE UNAUTHORIZED USE OF A CREDIT CARD 14 ACCOUNT. THIS SECTION SHALL NOT APPLY TO POLICIES REQUIRED UNDER ARTICLE 15 EIGHT OF THE VEHICLE AND TRAFFIC LAW. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04289-03-3 A. 3664--A 2 1 (B) A PERSON WHO IS INJURED DURING THIS PERIOD AND WHO WOULD ORDINAR- 2 ILY BE COVERED UNDER THE INSURED'S POLICY HAD IT NOT BEEN CANCELED 3 PURSUANT TO SUBSECTION (A) OF THIS SECTION, SHALL BE ENTITLED TO RECOVER 4 UNDER HIS OR HER OWN POLICY SUBJECT TO THE TERMS AND CONDITIONS OF THE 5 CONTRACT, OR IF THE INJURED PERSON IS UNINSURED, THEY SHALL BE ENTITLED 6 TO RECOVER UNDER THE MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, 7 PROVIDED SUCH PERSON DID NOT PARTICIPATE IN ANY FRAUDULENT ACTIVITY, 8 INCLUDING, BUT NOT LIMITED TO, AN ACCIDENT STAGED TO DEFRAUD AN INSURER. 9 THE MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION MAY NOT SUBROGATE 10 ITS CLAIM AGAINST THE RESCINDING OR CANCELLING INSURER. 11 S 2. Paragraph 2 of subsection (d) of section 3420 of the insurance 12 law, as amended by chapter 388 of the laws of 2008, is amended to read 13 as follows: 14 (2) If under a liability policy issued or delivered in this state, an 15 insurer shall disclaim liability or deny coverage INCLUDING A DISCLAIMER 16 OR DENIAL BECAUSE THE INSURER RESCINDED OR CANCELLED COVERAGE PURSUANT 17 TO SECTION THREE THOUSAND FOUR HUNDRED FIFTY-FIVE OF THIS ARTICLE, for 18 death or bodily injury arising out of a motor vehicle accident, INCLUD- 19 ING ANY CLAIM FOR PERSONAL INJURIES UNDER AN UNINSURED MOTORIST ENDORSE- 20 MENT BY ANY OCCUPANT OF A MOTOR VEHICLE OR OTHER PERSON INVOLVED IN AN 21 ACCIDENT THAT WAS STAGED TO DEFRAUD AN INSURER WHO IS WITHOUT KNOWLEDGE 22 OF THE STAGING OR FRAUDULENT INTENT OF THE ACCIDENT, or any other type 23 of accident occurring within this state, it shall give written notice as 24 soon as is reasonably possible of such disclaimer of liability or denial 25 of coverage to the insured and the injured person or any other claimant. 26 S 3. Paragraph 1 of subsection (f) of section 3420 of the insurance 27 law, as amended by chapter 305 of the laws of 1995, is amended to read 28 as follows: 29 (1) No policy insuring against loss resulting from liability imposed 30 by law for bodily injury or death suffered by any natural person arising 31 out of the ownership, maintenance and use of a motor vehicle by the 32 insured shall be issued or delivered by any authorized insurer upon any 33 motor vehicle then principally garaged or principally used in this state 34 unless it contains a provision whereby the insurer agrees that it will 35 pay to the insured, as defined in such provision, subject to the terms 36 and conditions set forth therein to be prescribed by the board of direc- 37 tors of the Motor Vehicle Accident Indemnification Corporation and 38 approved by the superintendent, all sums, not exceeding a maximum amount 39 or limit of twenty-five thousand dollars exclusive of interest and 40 costs, on account of injury to and all sums, not exceeding a maximum 41 amount or limit of fifty thousand dollars exclusive of interest and 42 costs, on account of death of one person, in any one accident, and the 43 maximum amount or limit, subject to such limit for any one person so 44 injured of fifty thousand dollars or so killed of one hundred thousand 45 dollars, exclusive of interest and costs, on account of injury to, or 46 death of, more than one person in any one accident, which the insured or 47 his legal representative shall be entitled to recover as damages from an 48 owner or operator of an uninsured motor vehicle, unidentified motor 49 vehicle which leaves the scene of an accident, a motor vehicle regis- 50 tered in this state as to which at the time of the accident there was 51 not in effect a policy of liability insurance, A MOTOR VEHICLE FOR WHICH 52 THE POLICY OF INSURANCE HAS BEEN RESCINDED OR CANCELLED PURSUANT TO 53 SECTION THREE THOUSAND FOUR HUNDRED FIFTY-FIVE OF THIS ARTICLE, a stolen 54 vehicle, A MOTOR VEHICLE INVOLVED IN AN ACCIDENT WHICH WAS STAGED TO 55 DEFRAUD AN INSURER, EXCEPT SUCH VEHICLE OWNED AND OPERATED BY THE PERPE- 56 TRATOR OR PERPETRATORS OF SUCH ACCIDENT, a motor vehicle operated with- A. 3664--A 3 1 out permission of the owner, an insured motor vehicle where the insurer 2 disclaims liability or denies coverage or an unregistered vehicle 3 because of bodily injury, sickness or disease, including death resulting 4 therefrom, sustained by the insured, caused by accident occurring in 5 this state and arising out of the ownership, maintenance or use of such 6 motor vehicle. No payment for non-economic loss shall be made under such 7 policy provision to a covered person unless such person has incurred a 8 serious injury, as such terms are defined in section five thousand one 9 hundred two of this chapter. Such policy shall not duplicate any element 10 of basic economic loss provided for under article fifty-one of this 11 chapter. No payments of first party benefits for basic economic loss 12 made pursuant to such article shall diminish the obligations of the 13 insurer under this policy provision for the payment of non-economic loss 14 and economic loss in excess of basic economic loss. Notwithstanding any 15 inconsistent provisions of section three thousand four hundred twenty- 16 five of this article, any such policy which does not contain the afore- 17 said provisions shall be construed as if such provisions were embodied 18 therein. 19 S 4. Subparagraph (A) of paragraph 2 of subsection (f) of section 3420 20 of the insurance law, as separately amended by chapters 547 and 568 of 21 the laws of 1997, is amended to read as follows: 22 (A) Any such policy shall, at the option of the insured, also provide 23 supplementary uninsured/underinsured motorists insurance for bodily 24 injury, in an amount up to the bodily injury liability insurance limits 25 of coverage provided under such policy, subject to a maximum of two 26 hundred fifty thousand dollars because of bodily injury to or death of 27 one person in any one accident and, subject to such limit for one 28 person, up to five hundred thousand dollars because of bodily injury to 29 or death of two or more persons in any one accident, or a combined 30 single limit policy of five hundred thousand dollars because of bodily 31 injury to or death of one or more persons in any one accident. Provided 32 however, an insurer issuing such policy, in lieu of offering to the 33 insured the coverages stated above, may provide supplementary 34 uninsured/underinsured motorists insurance for bodily injury, in an 35 amount up to the bodily injury liability insurance limits of coverage 36 provided under such policy, subject to a maximum of one hundred thousand 37 dollars because of bodily injury to or death of one person in any one 38 accident and, subject to such limit for one person, up to three hundred 39 thousand dollars because of bodily injury to or death of two or more 40 persons in any one accident, or a combined single limit policy of three 41 hundred thousand dollars because of bodily injury to or death of one or 42 more persons in any one accident, if such insurer also makes available a 43 personal umbrella policy with liability coverage limits up to at least 44 five hundred thousand dollars which also provides coverage for supple- 45 mentary uninsured/underinsured motorists claims. Supplementary 46 uninsured/underinsured motorists insurance shall provide coverage, in 47 any state or Canadian province, if the limits of liability under all 48 bodily injury liability bonds and insurance policies of another motor 49 vehicle liable for damages INCLUDING, BUT NOT LIMITED TO A VEHICLE FOR 50 WHICH THE POLICY OF INSURANCE HAS BEEN RESCINDED OR CANCELLED PURSUANT 51 TO SECTION THREE THOUSAND FOUR HUNDRED FIFTY-FIVE OF THIS ARTICLE, A 52 MOTOR VEHICLE INVOLVED IN AN ACCIDENT WHICH WAS STAGED TO DEFRAUD AN 53 INSURER, EXCEPT SUCH VEHICLE OWNED AND OPERATED BY THE PERPETRATOR OR 54 PERPETRATORS OF SUCH ACCIDENT, are in a lesser amount than the bodily 55 injury liability insurance limits of coverage provided by such policy. 56 Upon written request by any insured covered by supplemental A. 3664--A 4 1 uninsured/underinsured motorists insurance or his duly authorized repre- 2 sentative and upon disclosure by the insured of the insured's bodily 3 injury and supplemental uninsured/underinsured motorists insurance 4 coverage limits, the insurer of any other owner or operator of another 5 motor vehicle against which a claim has been made for damages to the 6 insured shall disclose, within forty-five days of the request, the bodi- 7 ly injury liability insurance limits of its coverage provided under the 8 policy or all bodily injury liability bonds. The time of the insured to 9 make any supplementary uninsured/underinsured motorist claim, shall be 10 tolled during the period the insurer of any other owner or operator of 11 another motor vehicle that may be liable for damages to the insured, 12 fails to so disclose its coverage. As a condition precedent to the obli- 13 gation of the insurer to pay under the supplementary 14 uninsured/underinsured motorists insurance coverage, the limits of 15 liability of all bodily injury liability bonds or insurance policies 16 applicable at the time of the accident shall be exhausted by payment of 17 judgments or settlements. 18 S 5. Paragraph 1 of subsection (b) of section 5103 of the insurance 19 law is amended to read as follows: 20 (1) Intentionally causes his own injury, EXCEPT ANY OCCUPANT OF A 21 MOTOR VEHICLE OR OTHER PERSON INVOLVED IN AN ACCIDENT STAGED TO DEFRAUD 22 AN INSURER WHO IS WITHOUT KNOWLEDGE OF THE STAGING OR FRAUDULENT INTENT 23 OF SUCH ACCIDENT. 24 S 6. Paragraph 2 of subsection (a) of section 5103 of the insurance 25 law is amended to read as follows: 26 (2) The named insured and members of his household, other than occu- 27 pants of a motorcycle, for loss arising out of the use or operation of 28 (i) an uninsured motor vehicle or motorcycle, OR A VEHICLE WHOSE COVER- 29 AGE IS RESCINDED OR CANCELLED PURSUANT TO SECTION THREE THOUSAND FOUR 30 HUNDRED FIFTY-FIVE OF THIS CHAPTER, within the United States, its terri- 31 tories or possessions, or Canada; and (ii) an insured motor vehicle or 32 motorcycle outside of this state and within the United States, its 33 territories or possessions, or Canada. 34 S 7. Paragraph (a) of subdivision 1 of section 313 of the vehicle and 35 traffic law, as amended by chapter 569 of the laws of 1981, is amended 36 to read as follows: 37 (a) [No] EXCEPT AS PROVIDED FOR IN SECTION THREE THOUSAND FOUR HUNDRED 38 FIFTY-FIVE OF THE INSURANCE LAW, NO contract of insurance for which a 39 certificate of insurance has been filed with the commissioner shall be 40 terminated by cancellation by the insurer until at least twenty days 41 after mailing to the named insured at the address shown on the policy a 42 notice of termination by regular mail, with a certificate of mailing, 43 properly endorsed by the postal service to be obtained, except where the 44 cancellation is for non-payment of premium in which case fifteen days 45 notice of cancellation by the insurer shall be sufficient, provided, 46 however, if another insurance contract has been procured, such other 47 insurance contract shall, as of its effective date and hour, terminate 48 the insurance previously in effect with respect to any motor vehicles 49 designated in both contracts. No contract of insurance for which a 50 certificate of insurance has been filed with the commissioner in which a 51 natural person is the named insured and the motor vehicle is used 52 predominantly for non-business purposes shall be non-renewed by an 53 insurer unless at least forty-five, but not more than sixty days in 54 advance of the renewal date the insurer mails or delivers to the named 55 insured at the address shown on the policy a written notice of its 56 intention not to renew. No such contract of insurance in which the named A. 3664--A 5 1 insured is not a natural person or the motor vehicle is used predomi- 2 nantly for business purposes shall be non-renewed by an insurer unless 3 at least twenty days in advance of the renewal date the insurer mails or 4 delivers to the named insured at the address shown on the policy a writ- 5 ten notice of its intention not to renew. All notices of non-renewal 6 shall be sent by regular mail with a certificate of mailing, properly 7 endorsed by the postal service to be obtained. Time of the effective 8 date and hour of termination stated in the notice shall become the end 9 of the policy period. Every notice or acknowledgement of termination for 10 any cause whatsoever sent to the insured shall include in type of which 11 the face shall not be smaller than twelve point a statement that proof 12 of financial security is required to be maintained continuously through- 13 out the registration period and a notice prescribed by the commissioner 14 indicating the punitive effects of failure to maintain continuous proof 15 of financial security and actions which may be taken by the insured to 16 avoid such punitive effects. 17 S 8. Paragraphs 6 and 7 of subsection (b) of section 5201 of the 18 insurance law are amended and a new paragraph 8 is added to read as 19 follows: 20 (6) insured motor vehicles where the insurer disclaims liability or 21 denies coverage, [and] 22 (7) unregistered motor vehicles[.], AND 23 (8) AN ACCIDENT STAGED TO DEFRAUD AN INSURER. 24 S 9. This act shall take effect two hundred seventy days after it 25 shall have become a law.