Bill Text: NY S07339 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to medical malpractice excess line insurance.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-04-18 - REFERRED TO INSURANCE [S07339 Detail]

Download: New_York-2015-S07339-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7339
                    IN SENATE
                                     April 18, 2016
                                       ___________
        Introduced  by  Sen.  SEWARD -- 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 excess  line  coverage
          for certain medical malpractice insurance
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subsection (e) of section 2118 of  the  insurance  law,  as
     2  added  by chapter 684 of the laws of 1993, subparagraph (A) of paragraph
     3  2 as amended by chapter 587 of the laws of  2002,  subparagraph  (C)  of
     4  paragraph 2 as amended by chapter 498 of the laws of 1996, is amended to
     5  read as follows:
     6    (e)(1)  Except  as  provided  in  paragraph two of this subsection, no
     7  licensee shall be required to obtain a declination from  an  association
     8  established  pursuant  to article fifty-four or fifty-five of this chap-
     9  ter, or to apply for insurance through a plan  established  pursuant  to
    10  article  fifty-three of this chapter, as a condition of procuring insur-
    11  ance pursuant to this section.
    12    (2) (A) Unless the licensee obtains a declination from the appropriate
    13  association, or from an insurer pursuant to an application for  coverage
    14  through a plan, no diligent effort shall be considered to have been made
    15  if the insurance is available from the plan or association in connection
    16  with the placement of:
    17    (i) a policy of non-commercial motor vehicle liability insurance; or
    18    (ii) [medical malpractice insurance for a general hospital, as defined
    19  in  subdivision  ten  of  section  two thousand eight hundred one of the
    20  public health law, a physician or dentist; or
    21    (iii)] insurance which by law must be provided by an authorized insur-
    22  er.
    23    (B) In connection with the placement of any other kind of insurance, a
    24  declination from the appropriate association, or from an insurer  pursu-
    25  ant  to  an  application  for coverage through a plan, shall be required
    26  unless prior to the placement the insured has been advised of the avail-
    27  ability of insurance from the plan or association.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15032-01-6