Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 21, 2020 |
referred to insurance delivered to assembly passed senate |
Jan 15, 2020 |
advanced to third reading |
Jan 14, 2020 |
2nd report cal. |
Jan 13, 2020 |
1st report cal.70 |
Jan 08, 2020 |
referred to insurance returned to senate died in assembly |
May 20, 2019 |
referred to insurance delivered to assembly passed senate |
May 15, 2019 |
advanced to third reading |
May 14, 2019 |
2nd report cal. |
May 13, 2019 |
1st report cal.661 |
Jan 09, 2019 |
referred to insurance |
Senate Bill S643
2019-2020 Legislative Session
Sponsored By
(D, WF) 46th Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
co-Sponsors
(R, C, IP, RFM) Senate District
(D) Senate District
(R, C, IP) Senate District
(R, C, IP, RFM) Senate District
2019-S643 (ACTIVE) - Details
2019-S643 (ACTIVE) - Sponsor Memo
BILL NUMBER: S643 SPONSOR: BRESLIN TITLE OF BILL: An act to amend the insurance law and the vehicle and traffic law, in relation to permitting an insurer to rescind or retroac- tively cancel a policy in certain circumstances PURPOSE OR GENERAL IDEA OF BILL: This bill removes the incentive for staged automobile accidents, by allowing for retroactive cancellation of newly issued private passenger automobile insurance policies SUMMARY OF PROVISIONS: Section 1 adds new section 3457 to the Insurance Law. Subsection A provides insurance companies the ability, within the first sixty days of an automobile, commercial automobile or assigned risk plan policy being issued, to retroactively rescind the policy if the initial premium payment is dishonored due to (1) the nonexistence of a bank account, (2) the unauthorized use of the account, or (3) the unauthorized use of a
2019-S643 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 643 2019-2020 Regular Sessions I N S E N A T E (PREFILED) January 9, 2019 ___________ Introduced by Sen. BRESLIN -- read twice and ordered printed, and when printed to be committed to the Committee on Insurance AN ACT to amend the insurance law and the vehicle and traffic law, in relation to permitting an insurer to rescind or retroactively cancel a policy in certain circumstances THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The insurance law is amended by adding a new section 3457 to read as follows: § 3457. CANCELLATION OF POLICY. (A) AN INSURER MAY, WITHIN THE FIRST SIXTY DAYS, RESCIND OR RETROACTIVELY CANCEL TO THE INCEPTION A NEWLY ISSUED AUTOMOBILE INSURANCE POLICY SUBJECT TO PARAGRAPH ONE OF SUBSECTION (A) OF SECTION THREE THOUSAND FOUR HUNDRED TWENTY-FIVE OF THIS ARTICLE, A NEWLY ISSUED COMMERCIAL AUTOMOBILE INSURANCE POLICY SUBJECT TO SECTION THREE THOUSAND FOUR HUNDRED TWENTY-SIX OF THIS ARTI- CLE, OR A POLICY ISSUED PURSUANT TO ANY PLAN ESTABLISHED UNDER ARTICLE FIFTY-THREE OF THIS CHAPTER, IF THE INITIAL PREMIUM PAYMENT IS NOT HONORED BY A FINANCIAL INSTITUTION DUE TO THE NONEXISTENCE OR THE UNAU- THORIZED USE OF A BANK ACCOUNT, OR THE INITIAL PREMIUM PAYMENT IS DENIED BY A CREDIT CARD COMPANY DUE TO THE UNAUTHORIZED USE OF A CREDIT CARD ACCOUNT. THIS SECTION SHALL NOT APPLY TO POLICIES REQUIRED UNDER ARTICLE EIGHT OF THE VEHICLE AND TRAFFIC LAW. (B) A PERSON WHO IS INJURED DURING THIS PERIOD AND WHO WOULD ORDINAR- ILY BE COVERED UNDER THE INSURED'S POLICY HAD IT NOT BEEN CANCELED PURSUANT TO SUBSECTION (A) OF THIS SECTION, SHALL BE ENTITLED TO RECOVER UNDER HIS OR HER OWN POLICY SUBJECT TO THE TERMS AND CONDITIONS OF THE CONTRACT, OR IF THE INJURED PERSON IS UNINSURED, THEY SHALL BE ENTITLED TO RECOVER UNDER THE MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, PROVIDED SUCH PERSON DID NOT PARTICIPATE IN ANY FRAUDULENT ACTIVITY, INCLUDING, BUT NOT LIMITED TO, AN ACCIDENT STAGED TO DEFRAUD AN INSURER. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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