S T A T E   O F   N E W   Y O R K
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                                  1600

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
  Committee on Insurance

AN ACT to amend the insurance law and the navigation law, in relation to
  notification of the expiration of a rate reduction based on completion
  of a safety course

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

  Section  1.  Subsection  (d)  of section 2336 of the insurance law, as
amended by chapter 95 of the  laws  of  1993,  is  amended  to  read  as
follows:
  (d)  Premium  charge  reductions  made  pursuant  to the provisions of
subsection (a) of this section shall be effective  upon  issuance  of  a
certificate  of  completion  to  the  insured  and  such  premium charge
reduction shall be calculated from  such  completion  date  unless  such
completion  certificate is presented within forty-five days prior to the
renewal of the policy, in which case the insurer may elect  to  commence
the  discount  upon  the first day of the new policy period for the full
term of statutory discount; provided, however, that if  the  certificate
of  completion  is not presented to the insurer within ninety days after
completion of the course the insurer may, at its discretion,  apply  the
premium  discount  from  the  date such certificate was presented rather
than the date of completion. A discount applied during a  policy  period
shall be prorated over the term of the policy.  NO LESS THAN NINETY DAYS
BEFORE  THE  DATE  OF  TERMINATION  OF  THE PERIOD FOR WHICH THE PREMIUM
REDUCTION IS VALID, THE INSURER SHALL  PROVIDE  WRITTEN  NOTICE  TO  THE
INSURED  THAT  THE PERIOD DURING WHICH THE PREMIUM REDUCTION IS VALID IS
TO TERMINATE, NOTING THE DATE UPON WHICH THE TERMINATION SHALL BE EFFEC-
TIVE, AND ADVISING THE INSURED THAT HE  OR  SHE  MUST  COMPLETE  ANOTHER
QUALIFYING  MOTOR  VEHICLE  ACCIDENT PREVENTION COURSE TO RE-QUALIFY FOR
THE PREMIUM REDUCTION.

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

                                                           LBD02529-01-9

A. 1600                             2

  S 2. Section 78-a of the navigation law, as added by  chapter  160  of
the laws of 1990, is amended to read as follows:
  S 78-a. Insurance rate reduction. 1. Any insurance carrier licensed to
issue  yacht  or boating liability insurance in this state is authorized
to grant rate reductions with the approval of the  insurance  department
to any owner of a yacht or boat who has successfully completed a boating
safety  course  or  holds  a  valid  United States Coast Guard operators
license.
  2. ANY INSURER GRANTING A PREMIUM RATE  REDUCTION  TO  YACHT  OR  BOAT
OWNERS  ON  THE BASIS OF COMPLETION OF A BOATING SAFETY COURSE SHALL, NO
LESS THAN NINETY DAYS BEFORE THE DATE OF TERMINATION OF THE  PERIOD  FOR
WHICH  THE  PREMIUM  REDUCTION  IS VALID, PROVIDE WRITTEN NOTICE TO SUCH
INSURED OWNER THAT THE PERIOD DURING  WHICH  THE  PREMIUM  REDUCTION  IS
VALID  IS TO TERMINATE, NOTING THE DATE UPON WHICH THE TERMINATION SHALL
BE EFFECTIVE, AND ADVISING  THE  INSURED  OWNER  THAT  HE  OR  SHE  MUST
COMPLETE  ANOTHER QUALIFIED BOATING SAFETY COURSE IN ORDER TO RE-QUALIFY
FOR THE PREMIUM REDUCTION.
  S 3. This act shall take effect January 1, 2010.