Bill Text: NY S07785 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to limits on certain supplementary insurance; permits insured to refuse supplementary insurance; requires certain disclaimer.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-06-18 - REFERRED TO RULES [S07785 Detail]
Download: New_York-2011-S07785-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7785 I N S E N A T E June 18, 2012 ___________ Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the insurance law, in relation to limits on certain supplementary insurance THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraph 2 of subsection (f) of section 3420 of the insur- 2 ance law, as separately amended by chapters 547 and 568 of the laws of 3 1997, is amended to read as follows: 4 (2) (A) Any such policy shall[, at the option of the insured, also] 5 provide supplementary uninsured/underinsured motorists insurance for 6 bodily injury[, in an amount up to] IN THE SAME AMOUNT AS the bodily 7 injury liability insurance limits of coverage provided under such poli- 8 cy[, subject to a maximum of two hundred fifty thousand dollars because 9 of bodily injury to or death of one person in any one accident and, 10 subject to such limit for one person, up to five hundred thousand 11 dollars because of bodily injury to or death of two or more persons in 12 any one accident, or a combined single limit policy of five hundred 13 thousand dollars because of bodily injury to or death of one or more 14 persons in any one accident. Provided however, an insurer issuing such 15 policy, in lieu of offering to the insured the coverages stated above, 16 may provide supplementary uninsured/underinsured motorists insurance for 17 bodily injury, in an amount up to the bodily injury liability insurance 18 limits of coverage provided under such policy, subject to a maximum of 19 one hundred thousand dollars because of bodily injury to or death of one 20 person in any one accident and, subject to such limit for one person, up 21 to three hundred thousand dollars because of bodily injury to or death 22 of two or more persons in any one accident, or a combined single limit 23 policy of three hundred thousand dollars because of bodily injury to or 24 death of one or more persons in any one accident, if such insurer also 25 makes available a personal umbrella policy with liability coverage 26 limits up to at least five hundred thousand dollars which also provides 27 coverage for supplementary uninsured/underinsured motorists claims]. 28 THE COVERAGE REQUIRED UNDER THIS PARAGRAPH IS NOT APPLICABLE WHEN, OR TO EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16327-01-2 S. 7785 2 1 THE EXTENT THAT, AN INSURED NAMED IN THE POLICY MAKES A REJECTION OF THE 2 COVERAGE ON BEHALF OF ALL INSUREDS UNDER THE POLICY. SUCH REJECTION 3 SHALL BE MEMORIALIZED BY THE INSURER THROUGH A SIGNED WRITING, AUDIO 4 RECORDING OR ELECTRONIC SIGNATURE EVIDENCING THE INSURED'S REJECTION OF 5 SUCH COVERAGE. THE FAILURE OF THE CARRIER TO MAINTAIN THE MEMORIALIZA- 6 TION OF SUCH REJECTION OF COVERAGE THROUGH THE TIME A CLAIM IS MADE 7 SHALL RESULT IN THE SUPPLEMENTARY UNINSURED/UNDERINSURED MOTORIST COVER- 8 AGE BEING EQUAL TO THE BODILY INJURY LIABILITY COVERAGE IN EFFECT AT THE 9 TIME A CLAIM ARISES. Supplementary uninsured/underinsured motorists 10 insurance shall provide coverage, in any state or Canadian province, if 11 the limits of liability under all bodily injury liability bonds and 12 insurance policies of [another] ANY OTHER motor vehicle liable for 13 damages are in a lesser amount than the bodily injury liability insur- 14 ance limits of coverage provided by such policy. Upon written request by 15 any insured covered by supplemental uninsured/underinsured motorists 16 insurance or his duly authorized representative and upon disclosure by 17 the insured of the insured's bodily injury and supplemental 18 uninsured/underinsured motorists insurance coverage limits, the insurer 19 of any other owner or operator of another motor vehicle against which a 20 claim has been made for damages to the insured shall disclose, within 21 forty-five days of the request, the bodily injury liability insurance 22 limits of its coverage provided under the policy or all bodily injury 23 liability bonds. The time of the insured to make any supplementary 24 uninsured/underinsured motorist claim, shall be tolled during the period 25 the insurer of any other owner or operator of another motor vehicle that 26 may be liable for damages to the insured, fails to so disclose its 27 coverage. As a condition precedent to the obligation of the insurer to 28 pay under the supplementary uninsured/underinsured motorists insurance 29 coverage, the limits of liability of [all] ANY ONE bodily injury liabil- 30 ity [bonds] BOND or insurance [policies] POLICY applicable at the time 31 of the accident shall be exhausted by payment of judgments or settle- 32 ments. 33 (B) [In addition to the notice provided, upon issuance of a policy of 34 motor vehicle liability insurance pursuant to regulations promulgated by 35 the superintendent, insurers shall notify insureds, in writing, of the 36 availability of supplementary uninsured/underinsured motorists coverage. 37 Such notification shall contain an explanation of supplementary 38 uninsured/underinsured motorists coverage and the amounts in which it 39 can be purchased. Subsequently, a notification of availability shall be 40 provided at least once a year and may be simplified pursuant to regu- 41 lations promulgated by the superintendent, but must include a concise 42 statement that supplementary uninsured/underinsured motorists coverage 43 is available, an explanation of such coverage, and the coverage limits 44 that can be purchased from the insurer.] IF THE REJECTION OR SELECTION 45 OF LOWER SUPPLEMENTARY UNINSURED/UNDERINSURED MOTORISTS COVERAGE IS IN 46 WRITTEN OR ELECTRONIC FORM, THAT SHALL BE MADE ON A FORM APPROVED BY THE 47 SUPERINTENDENT AND FURNISHED TO THE INSURED AT THE TIME THE POLICY IS 48 SOLD, PURCHASED, NEGOTIATED AND/OR RENEWED. THE FORM SHALL FULLY ADVISE 49 THE INSURED OF THE NATURE OF THE COVERAGE AND SHALL STATE THAT THE 50 COVERAGE IS EQUAL TO BODILY INJURY LIABILITY LIMITS UNLESS LOWER LIMITS 51 ARE REQUESTED OR THE COVERAGE IS REJECTED. THE HEADING OF THE FORM 52 SHALL BE IN 12-POINT BOLD TYPE AND SHALL STATE: "SUPPLEMENTARY 53 UNINSURED/UNDERINSURED MOTORISTS COVERAGE (SUM COVERAGE) SHALL BE EQUAL 54 TO BODILY INJURY LIABILITY LIMITS UNLESS LOWER LIMITS ARE REQUESTED OR 55 THE COVERAGE IS REJECTED. A POLICYHOLDER IS URGED TO CONSIDER PURCHASING 56 THE MAXIMUM SUM COVERAGE AVAILABLE IN ORDER TO PROTECT AGAINST THE S. 7785 3 1 POSSIBILITY OF AN ACCIDENT INVOLVING ANOTHER MOTOR VEHICLE WHOSE OWNER 2 OR OPERATOR WAS NEGLIGENT AND WHO MAY HAVE NO INSURANCE WHATSOEVER; OR 3 EVEN IF INSURED, IS ONLY INSURED FOR THIRD-PARTY BODILY INJURY AT RELA- 4 TIVELY LOW LIABILITY LIMITS, IN COMPARISON TO THE POLICYHOLDER'S OWN 5 LIABILITY LIMITS FOR BODILY INJURY SUSTAINED BY THIRD-PARTIES. BY 6 PURCHASING SUM COVERAGE, WHICH CANNOT BE PURCHASED IN AN AMOUNT EXCEED- 7 ING THE AMOUNT OF THIRD PARTY LIABILITY COVERAGE PURCHASED, THE POLICY- 8 HOLDER AND ANY INSURED UNDER THE POLICY CAN BE PROTECTED FOR BODILY 9 INJURY TO THEMSELVES, UP TO THE LIMIT OF THE SUM COVERAGE PURCHASED; AND 10 RECEIVE FROM THE POLICYHOLDER'S OWN INSURER PAYMENT FOR BODILY INJURY 11 SUSTAINED DUE TO THE NEGLIGENCE OF THE OTHER MOTOR VEHICLE'S OWNER OR 12 OPERATOR." IF REJECTION OR SELECTION OF LOWER LIMITS IS MADE VERBALLY, 13 THE INSURER OR THEIR AGENT SHALL READ THE IDENTICAL LANGUAGE AS IS IN 14 THE ABOVE REJECTION OF MATCHING LIMITS FORM AND CONFIRM THE CLIENT HAS 15 HEARD AND UNDERSTOOD THE SAME, AND SHALL RE-READ THE FORM AS OFTEN AS IS 16 NECESSARY UNTIL THE INSURED HAS VERBALLY CONFIRMED THAT THEY FULLY 17 UNDERSTAND THE SAME. THE INSURER SHALL NOTIFY THE NAMED INSURED AT 18 LEAST ANNUALLY OF HER OR HIS OPTIONS AS TO THE COVERAGE REQUIRED BY THIS 19 PARAGRAPH. SUCH NOTICE SHALL BE PART OF, AND ATTACHED TO, THE NOTICE OF 20 PREMIUM, SHALL PROVIDE FOR A MEANS TO ALLOW THE INSURED TO REQUEST SUCH 21 COVERAGE, AND SHALL BE GIVEN IN A MANNER APPROVED BY THE SUPERINTENDENT. 22 IF THE INSURED HAS REJECTED COVERAGE UNDER THIS PARAGRAPH OR HAS 23 SELECTED LOWER LIMITS, THE NOTICE OF PREMIUM SHALL CLEARLY INDICATE THE 24 LEVEL OF COVERAGE ACCEPTED. RECEIPT OF THIS NOTICE DOES NOT CONSTITUTE 25 AN AFFIRMATIVE WAIVER OF THE INSURED'S RIGHT TO UNINSURED MOTORIST 26 COVERAGE WHERE THE INSURED HAS NOT SIGNED A SELECTION OR REJECTION FORM. 27 S 2. This act shall take effect on the thirtieth day after it shall 28 have become a law, and shall apply to insurance policies and contracts 29 issued, entered into or renewed on and after such effective date.