senate Bill S3316

Amended

Relates to motorcycle insurance policies

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Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 16 / Feb / 2011
    • REFERRED TO INSURANCE
  • 06 / Jun / 2011
    • 1ST REPORT CAL.1021
  • 07 / Jun / 2011
    • 2ND REPORT CAL.
  • 13 / Jun / 2011
    • AMENDED 3316A
  • 13 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2011
    • PASSED SENATE
  • 20 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 20 / Jun / 2011
    • REFERRED TO INSURANCE
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO INSURANCE
  • 04 / Jun / 2012
    • 1ST REPORT CAL.990
  • 05 / Jun / 2012
    • 2ND REPORT CAL.
  • 06 / Jun / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

Relates to motorcycle insurance policies and requires owners' policies of liability to inform the insured that motor vehicle no-fault insurance does not apply to motorcycles and that state uninsured motorist coverage is available in the alternative.

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Bill Details

See Assembly Version of this Bill:
A5381
Versions:
S3316
S3316A
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Insurance Law
Laws Affected:
Amd ยง5103, Ins L
Versions Introduced in 2009-2010 Legislative Cycle:
S8489

Votes

14
0
14
Aye
0
Nay
3
aye with reservations
1
absent
0
excused
0
abstained
show Insurance committee vote details

Sponsor Memo

BILL NUMBER:S3316

TITLE OF BILL:
An act
to amend the insurance law, in relation to motorcycle insurance policies

PURPOSE:
To ensure that the owners of motorcycles are aware that automobile no
fault Insurance law does not apply to motorcycles and that New York
State underinsured motorist coverage is available.

SUMMARY OF PROVISIONS:
Section 1 - Provides that insurance companies provide policy language
advising motorcyclists that no fault insurance provisions for
automobiles do not apply to motorcycles and that, as an alternative,
state under insured motorist coverage is available; and requires that
motorcyclists who refuse state underinsured motorist coverage sign a
statement confirming they were informed of the availability of that
coverage.

Section 2 - Sets the effective date.

JUSTIFICATION:
Motorcyclists currently do not have coverage for actual damages and
lost wages if they do not possess State under insured motorist
coverage which puts assets at risk and/or leaves judgments for
damages unpaid.

This bill will encourage motorcyclists to obtain this insurance by
ensuring that they are aware of the potential risk in not possessing
state under insured motorist coverage and also afford protection for
individuals who seek damages which damages might otherwise not be
collected.

LEGISLATIVE HISTORY:
S.8489 (2010)

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
The 120th day after it shall have become law or on such date that any
rules and regulations necessary to implement the provisions of this
act are authorized to be promulgated and shall become effective.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3316

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 16, 2011
                               ___________

Introduced  by  Sens.  DeFRANCISCO,  GRIFFO,  LARKIN  --  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 motorcycle insurance
  policies

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  5103 of the insurance law is amended by adding a
new subsection (f-1) to read as follows:
  (F-1) EVERY OWNER'S POLICY OF LIABILITY INSURANCE ISSUED ON A MOTORCY-
CLE IN SATISFACTION OF THE REQUIREMENTS OF ARTICLE SIX OR EIGHT  OF  THE
VEHICLE AND TRAFFIC LAW OR SECTION TWENTY-FOUR HUNDRED SEVEN OF SUCH LAW
SHALL:
  (1)  INFORM THE INSURED THAT NO-FAULT INSURANCE PROVISIONS FOR AUTOMO-
BILES OR MOTOR VEHICLES DO NOT APPLY TO MOTORCYCLES AND THAT STATE UNDE-
RINSURED MOTORIST COVERAGE IS AVAILABLE, AND THAT THE LACK  OF  NO-FAULT
INSURANCE  UNDER  SOME  CIRCUMSTANCES  CAN  BE OFFSET BY THE PURCHASE OF
STATE  UNDERINSURED  MOTORIST  COVERAGE,  SINCE   DAMAGES   MAY   EXCEED
TWENTY-FIVE  THOUSAND  DOLLARS, WHICH IS THE AMOUNT OF COVERAGE REQUIRED
BY LAW; AND
  (2) REQUIRE THAT  MOTORCYCLISTS  WHO  REFUSE  THE  STATE  UNDERINSURED
MOTORIST COVERAGE SIGN A STATEMENT SAYING THAT THEY WERE INFORMED OF THE
AVAILABILITY OF SUCH AND CHOSE NOT TO OBTAIN SUCH COVERAGE.
  S 2. This act shall take effect on the one hundred twentieth day after
it  shall  have  become  a  law; provided that any rules and regulations
necessary to implement the provisions of this act on its effective  date
are authorized and directed to be promulgated and shall become effective
on such date.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09482-01-1

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