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Assembly Bill A3008

2009-2010 Legislative Session

Authorizes cancellation of accident and health insurance upon written notice

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Archive: Last Bill Status - In Assembly Committee

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2009-A3008 (ACTIVE) - Details

Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Amd ยง3216, Ins L
Versions Introduced in 2011-2012 Legislative Session:
A4172

2009-A3008 (ACTIVE) - Summary

Authorizes an insured to cancel his or her accident and health insurance upon 20 days written notice to the insurer; requires an insurer to return a pro-rata portion of the premium paid for such insurance.

2009-A3008 (ACTIVE) - Bill Text download pdf 

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

                                  3008

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2009
                               ___________

Introduced  by M. of A. BARCLAY, SAYWARD, CALHOUN, OAKS, FINCH -- Multi-
  Sponsored by -- M. of A. BACALLES, BURLING,  CROUCH,  ERRIGO,  GIGLIO,
  HAWLEY,  McDONOUGH,  RABBITT,  REILICH,  TOWNSEND  --  read  once  and
  referred to the Committee on Insurance

AN ACT to amend the insurance law, in relation to cancellation of  acci-
  dent and health insurance

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

  Section 1. Paragraph 1 of subsection (d) of section 3216 of the insur-
ance law is amended by adding a new subparagraph (N) to read as follows:
  (N) CANCELLATION: THE INSURED MAY AT ANY TIME, UPON  AT  LEAST  TWENTY
DAYS PRIOR WRITTEN NOTICE TO THE INSURER, CANCEL THIS POLICY. SUCH WRIT-
TEN  NOTICE  OF  CANCELLATION  SHALL  BE DELIVERED TO THE INSURER OR ITS
AGENT, OR MAILED TO THE INSURER OR ITS AGENT BY CERTIFIED MAIL.  IN  THE
EVENT  OF  CANCELLATION,  THE INSURER SHALL PROMPTLY RETURN THE UNEARNED
PORTION OF ANY PREMIUM PAID, COMPUTED FROM THE  EFFECTIVE  DATE  OF  THE
CANCELLATION  AND  BY  USE  OF THIS SHORT-RATE TABLE LAST FILED WITH THE
STATE OFFICIAL HAVING SUPERVISION OF INSURANCE IN THE STATE IN WHICH THE
INSURED RESIDED WHEN THE  POLICY  WAS  ISSUED.  PROVIDED,  HOWEVER,  THE
PROVISIONS  OF  THIS SUBPARAGRAPH SHALL NOT APPLY TO ANY POLICY DURING A
PREMIUM YEAR IN WHICH THE INSURER HAS  PAID  A  CLAIM  OR  CLAIMS  WHICH
EXCEED  FIFTY  PERCENT OF THE PREMIUM FOR SUCH POLICY. NO CLAIM FOR LOSS
INCURRED OR DISABILITY (AS DEFINED IN THE POLICY) FOR THE  PERIOD  PRIOR
TO  CANCELLATION  OF  THE  POLICY  SHALL  BE VALID AFTER THE INSURED HAS
RECEIVED THE UNEARNED PORTION OF ANY PREMIUM PAID, COMPUTED  IN  ACCORD-
ANCE WITH THE PROVISIONS OF THIS SUBPARAGRAPH.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02970-01-9

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