Bill Text: NY A09407 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Provides supplemental spousal liability insurance coverage for the spouse of an insured who has indicated that such insured has a spouse on the insurance application.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed) 2024-05-06 - returned to senate [A09407 Detail]
Download: New_York-2023-A09407-Introduced.html
Bill Title: Provides supplemental spousal liability insurance coverage for the spouse of an insured who has indicated that such insured has a spouse on the insurance application.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed) 2024-05-06 - returned to senate [A09407 Detail]
Download: New_York-2023-A09407-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9407 IN ASSEMBLY March 13, 2024 ___________ Introduced by M. of A. WEPRIN -- read once and referred to the Committee on Insurance AN ACT to amend the insurance law, in relation to supplemental spousal liability insurance The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subsection (g) of section 3420 of the insurance law, as 2 amended by chapter 735 of the laws of 2022, is amended to read as 3 follows: 4 (g) (1) Except as otherwise provided in paragraph two of this 5 subsection, no policy or contract shall be deemed to insure against any 6 liability of an insured because of death of or injuries to [his or her] 7 the insured's spouse or because of injury to, or destruction of property 8 of [his or her] the insured's spouse unless express provision relating 9 specifically thereto is included in the policy. This exclusion shall 10 apply only where the injured spouse, to be entitled to recover, must 11 prove the culpable conduct of the insured spouse. 12 (2) (A) [Every] (i) Upon payment of a reasonable premium established 13 in accordance with article twenty-three of this chapter, an insurer 14 issuing or delivering any policy that satisfies the requirements of 15 article six of the vehicle and traffic law and is subject to section 16 three thousand four hundred twenty-five of this article shall provide 17 coverage in such a policy issued to a first named insured who has indi- 18 cated that such insured has a spouse on the insurance application, 19 against liability of an insured because of death of or injuries to [his20or her] the insured's spouse up to the liability insurance limits 21 provided under such policy even where the injured spouse, to be entitled 22 to recover, must prove the culpable conduct of the insured spouse, 23 unless [the] a first named insured elects, in writing and in such form 24 as the superintendent determines, to decline and refuse such coverage in 25 [his or her] the first named insured's policy. Such insurance coverage 26 shall be known as "supplemental spousal liability insurance". 27 (ii) Upon written request of an insured, and upon payment of a reason- 28 able premium established in accordance with article twenty-three of this EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14782-01-4A. 9407 2 1 chapter, an insurer issuing or delivering any policy that satisfies the 2 requirements of article six of the vehicle and traffic law, other than 3 as specified in clause (i) of this subparagraph, shall provide coverage 4 in such a policy against liability of an insured because of death of or 5 injuries to the insured's spouse up to the liability insurance limits 6 provided under such policy even where the injured spouse, to be entitled 7 to recover, must prove the culpable conduct of the insured spouse. 8 (B) Upon issuance, renewal or amendment of a motor vehicle liability 9 policy that satisfies the requirements of article six of the vehicle and 10 traffic law and is subject to section three thousand four hundred twen- 11 ty-five of this article, the insurer shall notify [the] a first named 12 insured who has indicated that such insured has a spouse on the insur- 13 ance application or that has requested supplemental spousal liability 14 insurance pursuant to clause (ii) of subparagraph (A) of this paragraph, 15 in writing, that such policy shall include supplemental spousal liabil- 16 ity insurance unless [the] a first named insured declines and refuses 17 such insurance, in writing and in such form as shall be determined by 18 the superintendent. Such notification shall be contained on the front of 19 the premium notice in boldface type and include a concise statement that 20 [supplementary] supplemental spousal coverage is provided unless 21 declined by [the] a first named insured, an explanation of such cover- 22 age, and the insurer's premium for such coverage. 23 (C) A notification of the availability of supplemental spousal liabil- 24 ity insurance shall be provided upon policy issuance, other than for the 25 policies to which the notification requirement in subparagraph (B) of 26 this paragraph applies, and at least once a year for all motor vehicle 27 liability policies that satisfy the requirements of article six of the 28 vehicle and traffic law, where the policy does not already provide 29 supplemental spousal liability insurance. Such notice shall be 30 contained on the front of the premium notice in boldface type and 31 include a concise statement that supplemental spousal liability coverage 32 is available, an explanation of such coverage, and the insurer's premium 33 for such coverage. 34 § 2. This act shall take effect on the one hundred eightieth day after 35 it shall have become a law and shall apply to policies issued, 36 renewed or modified on or after such date; provided, however that the 37 amendments to subsection (g) of section 3420 of the insurance law made 38 by section one of this act shall be subject to the expiration and rever- 39 sion of such subsection pursuant to section 2 of chapter 735 of the laws 40 of 2022, as amended.
