Assembly Bill A3694

2009-2010 Legislative Session

Relates to entitlement to first party benefits

download bill text pdf

Sponsored By

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2009-A3694 (ACTIVE) - Details

See Senate Version of this Bill:
S2772
Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Amd ยง5103, Ins L
Versions Introduced in Other Legislative Sessions:
2011-2012: A547
2013-2014: A560

2009-A3694 (ACTIVE) - Summary

Establishes an insurer may not exclude basic economic loss from certain coverages; establishes where a covered person is guilty of operating a motor vehicle under the influence of alcohol or drugs that an insurer has a cause of action for the amount of first party benefits paid or payable on behalf of such covered person against such covered person.

2009-A3694 (ACTIVE) - Bill Text download pdf

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

                                  3694

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by  M.  of  A.  DINOWITZ,  PEOPLES, MORELLE -- read once and
  referred to the Committee on Insurance

AN ACT to amend the insurance law, in relation to entitlement  to  first
  party benefits

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

  Section 1. Paragraph 2 of subsection (b) of section 5103 of the insur-
ance law is amended to read as follows:
  (2) Is injured as a result of operating a motor vehicle  while  in  an
intoxicated  condition  or  while his ability to operate such vehicle is
impaired by the use of a drug  within  the  meaning  of  section  eleven
hundred  ninety-two  of  the  vehicle and traffic law, PROVIDED, HOWEVER
THAT AN INSURER MAY NOT EXCLUDE FROM THE COVERAGE REQUIRED BY SUBSECTION
(A) OF THIS SECTION BASIC ECONOMIC LOSS AS DEFINED IN PARAGRAPH  ONE  OF
SUBSECTION (A) OF SECTION FIVE THOUSAND ONE HUNDRED TWO OF THIS ARTICLE.
NOTWITHSTANDING ANY OTHER LAW, WHERE THE COVERED PERSON IS FOUND TO HAVE
VIOLATED  SECTION  ELEVEN  HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC
LAW, THE INSURER HAS A CAUSE OF ACTION FOR THE  AMOUNT  OF  FIRST  PARTY
BENEFITS  PAID  OR PAYABLE ON BEHALF OF SUCH COVERED PERSON AGAINST SUCH
COVERED PERSON.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law, and shall  apply  to  all  policies  issued,
renewed, modified or altered on or after such effective date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03256-01-9


              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.