S T A T E O F N E W Y O R K
________________________________________________________________________
4691
2009-2010 Regular Sessions
I N A S S E M B L Y
February 5, 2009
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Introduced by M. of A. MORELLE, CARROZZA, REILLY, FIELDS, COOK, ZEBROW-
SKI -- Multi-Sponsored by -- M. of A. BING, DelMONTE, GOTTFRIED,
GUNTHER, HOOPER, LUPARDO, MAGEE, McENENY, PHEFFER, ROBINSON -- read
once and referred to the Committee on Insurance
AN ACT to amend the insurance law, in relation to workers' compensation
insurance and employers' liability 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 (a) of section 3426 of the insur-
ance law, as amended by chapter 235 of the laws of 1989, is amended to
read as follows:
(1) "Covered policy" means, for purposes of this section, a policy of
commercial risk insurance, professional liability insurance, WORKERS'
COMPENSATION INSURANCE, EMPLOYERS' LIABILITY INSURANCE or public entity
insurance, and shall include any contract, certificate or other evidence
of such insurance.
S 2. Paragraph 2 of subsection (l) of section 3426 of the insurance
law, as amended by chapter 65 of the laws of 1998, is amended and a new
paragraph 3 is added to read as follows:
(2) This section shall not apply to policies issued pursuant to a plan
established under article fifty-three, fifty-four or fifty-five of this
chapter, surety policies, [policies providing workers' compensation or
employers' liability coverage,] financial guaranty insurance, policies
providing mortgage guaranty or credit insurance, policies principally
marine insurance as defined by paragraph twenty of subsection (a) of
section one thousand one hundred thirteen of this chapter, legal
services insurance, reinsurance contracts, policies written on an excess
line basis, or policies subject to section three thousand four hundred
twenty-five of this [chapter] ARTICLE.
(3) WITH RESPECT TO POLICIES PROVIDING WORKERS' COMPENSATION OR
EMPLOYERS' LIABILITY COVERAGE, IN ADDITION TO THE REQUIREMENTS OF THIS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08437-01-9
A. 4691 2
SECTION, NO SUCH POLICY SHALL BE DEEMED TO BE CANCELLED OR NONRENEWED
UNTIL NOTICE IS FILED IN THE OFFICE OF THE CHAIR OF THE WORKERS' COMPEN-
SATION BOARD AND ALSO SERVED UPON THE EMPLOYER PURSUANT TO THE
PROVISIONS OF SUBDIVISION FIVE OF SECTION FIFTY-FOUR OF THE WORKERS'
COMPENSATION LAW.
S 3. This act shall take effect on the thirtieth day after it shall
have become a law.