Bill Text: NY A05290 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires notices of termination to apply to snowmobiles and all vehicles insured or covered under an owner's policy of liability insurance.
Spectrum: Partisan Bill (Republican 16-0)
Status: (Introduced - Dead) 2012-01-04 - referred to transportation [A05290 Detail]
Download: New_York-2011-A05290-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5290
2011-2012 Regular Sessions
I N A S S E M B L Y
February 15, 2011
___________
Introduced by M. of A. OAKS, BARCLAY, CALHOUN, HAWLEY, KOLB, MOLINARO,
MONTESANO -- Multi-Sponsored by -- M. of A. BURLING, CORWIN, CROUCH,
HANNA, JORDAN, McDONOUGH, McLAUGHLIN, PALMESANO, SALADINO -- read once
and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to notices of
termination for policies of liability insurance
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 2 of section 313 of the vehicle and traffic
2 law, as amended by chapter 678 of the laws of 1997 and paragraphs (a),
3 (b) and (d) as amended by chapter 509 of the laws of 1998, is amended to
4 read as follows:
5 2. (a) Upon the termination of an owner's policy of liability insur-
6 ance, other than an owner's policy of liability insurance for a motorcy-
7 cle, at the request of the insured or by cancellation by the insurer,
8 the insurer shall file a notice of termination with reference to such
9 policy, as opposed to any insured vehicle or vehicles under such policy,
10 with the commissioner not later than thirty days following the effective
11 date of such cancellation or other termination, in accordance with the
12 regulations required by paragraph (c) of this subdivision. An insurer
13 shall not file a notice of termination with the commissioner except as
14 required by this subdivision.
15 (b) Upon the issuance of an owner's policy of liability insurance the
16 insurer shall file a notice or confirmation of issuance with reference
17 to such policy not later than fourteen days following the effective date
18 of such issuance, and not later than seven days following the effective
19 date for policies issued after January first, two thousand one, in
20 accordance with the regulations required by paragraph (c) of this subdi-
21 vision.
22 (c) The commissioner shall promulgate regulations establishing proce-
23 dures for issuance of proof of insurance and for reporting by insurers
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04290-01-1
A. 5290 2
1 of notices of termination and policy issuance, either electronically or
2 by paper copy, at the option of the department. Such reporting shall be
3 required for every cancellation or termination which is effective on or
4 after July first, nineteen hundred eighty-four and for every policy
5 issuance which is effective on or after January first, two thousand;
6 provided, however, that should the commissioner find, after testing of
7 reporting procedures, that it would be feasible to require reporting for
8 policy cancellations, terminations or issuances effective on an earlier
9 date, he may by regulation so require reporting on such earlier date,
10 but in no event shall reporting be required for cancellations or termi-
11 nations effective prior to February first, nineteen hundred eighty-four
12 nor for policy issuances effective prior to September first, nineteen
13 hundred ninety-nine. Insurers shall cooperate fully with the commission-
14 er in any such testing of reporting procedures.
15 (d) Upon application by an insurer, the commissioner may extend the
16 period for filing of notices of termination by such insurer for up to
17 fifteen days, and for seven days for policies issued by an insurer.
18 Extensions shall not be granted unless the insurer demonstrates to the
19 satisfaction of the commissioner that compliance with the notice period
20 would result in substantial hardship to the insurer. The commissioner
21 shall maintain a list of extensions granted pursuant to this paragraph.
22 (E) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, THIS
23 SUBDIVISION SHALL BE APPLICABLE TO ALL VEHICLES, INCLUDING SNOWMOBILES,
24 WHICH ARE INSURED OR COVERED UNDER AN OWNER'S POLICY OF LIABILITY INSUR-
25 ANCE.
26 S 2. Subdivision 2 of section 313 of the vehicle and traffic law, as
27 amended by chapter 1025 of the laws of 1971, is amended to read as
28 follows:
29 2. Upon the termination of insurance by cancellation or failure to
30 renew, notice of such cancellation or other termination shall be filed
31 by the insurer with the commissioner not later than thirty days follow-
32 ing the effective date of such cancellation or other termination.
33 However, no insurer shall be required to file a notice of cancellation
34 or other termination under this paragraph where the insurer has been
35 advised by the commissioner that such insurance has been superseded by
36 another insurance contract which took effect at or prior to the time at
37 which the termination became effective, or where the insured has surren-
38 dered his registration certificate and number plates to the commissioner
39 and has delivered to the insurer a copy of the notice indicating surren-
40 der at or prior to the time at which the termination became effective.
41 NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, THIS
42 SUBDIVISION SHALL BE APPLICABLE TO ALL VEHICLES, INCLUDING SNOWMOBILES,
43 WHICH ARE INSURED OR COVERED UNDER AN OWNER'S POLICY OF LIABILITY INSUR-
44 ANCE.
45 S 3. This act shall take effect immediately; provided, however, that
46 the amendments to subdivision 2 of section 313 of the vehicle and traf-
47 fic law made by section one of this act shall be subject to the expira-
48 tion and reversion of such subdivision pursuant to section 12 of chapter
49 569 of the laws of 1981, as amended, and section 15 of chapter 781 of
50 the laws of 1983, as amended, when upon such date the provisions of
51 section two of this act shall take effect.
