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Assembly Bill A3694

2009-2010 Legislative Session

Relates to entitlement to first party benefits

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Archive: Last Bill Status - In Assembly Committee

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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

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