S T A T E O F N E W Y O R K
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4990
2009-2010 Regular Sessions
I N A S S E M B L Y
February 10, 2009
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Introduced by M. of A. BRODSKY -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to increasing
minimum liability insurance requirements for taxicabs and liveries
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 4 of section 311 of the vehi-
cle and traffic law, as amended by chapter 305 of the laws of 1995, is
amended to read as follows:
(a) Affording coverage as defined in the minimum provisions prescribed
in a regulation which shall be promulgated by the superintendent at
least ninety days prior to THE effective date of THE CHAPTER OF THE LAWS
OF TWO THOUSAND NINE THAT AMENDED this [act] PARAGRAPH. The superinten-
dent before promulgating such regulations or any amendment thereof,
shall consult with all insurers licensed to write automobile liability
insurance in this state and shall not prescribe minimum provisions which
fail to reflect the provisions of automobile liability insurance poli-
cies, other than motor vehicle liability policies as defined in section
three hundred forty-five of this chapter, issued within this state at
the date of such regulation or amendment thereof. Nothing contained in
such regulation or in this article shall prohibit any insurer from
affording coverage under an owner's policy of liability insurance more
liberal than that required by said minimum provisions. Every such
owner's policy of liability insurance shall provide insurance subject to
said regulation against loss from the liability imposed by law for
damages, including damages for care and loss of services, because of
bodily injury to or death of any person and injury to or destruction of
property arising out of the ownership, maintenance, use, or operation of
a specific motor vehicle or motor vehicles within the state of New York,
or elsewhere in the United States in North America or the Dominion of
Canada, subject to a limit, exclusive of interest and costs, with
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08191-01-9
A. 4990 2
respect to each such motor vehicle, except a tow truck, of twenty-five
thousand dollars because of bodily injuries to, and fifty thousand
dollars because of death of, one person in any one accident and, subject
to said limit for one person, to a limit of fifty thousand dollars
because of bodily injury to, and one hundred thousand dollars because of
death of, two or more persons in any one accident, and to a limit of ten
thousand dollars because of injury to or destruction of property of
others in any one accident; provided, however, that such policy need not
be for a period coterminous with the registration period of the vehicle
insured. The limit, exclusive of interest and costs, with respect to a
tow truck, shall be a combined single limit of at least three hundred
thousand dollars because of bodily injury TO or death [to] OF one or
more persons or because of injury TO or destruction of property of
others in any one accident, and to a limit of twenty-five thousand
dollars because of damage to a vehicle in the care, custody, and control
of the insured; AND PROVIDED FURTHER, HOWEVER, THAT SUCH LIMIT, EXCLU-
SIVE OF INTEREST AND COST, WITH RESPECT TO EACH TAXICAB AS DEFINED IN
SECTION ONE HUNDRED FORTY-EIGHT-A OF THIS CHAPTER, SHALL BE IN THE YEAR
TWO THOUSAND ELEVEN, IN ANY ONE ACCIDENT, TO A LIMIT OF THIRTY THOUSAND
DOLLARS BECAUSE OF BODILY INJURY TO ONE PERSON, SIXTY THOUSAND DOLLARS
FOR BODILY INJURY TO TWO OR MORE PERSONS, TEN THOUSAND DOLLARS FOR
DESTRUCTION OF PROPERTY, TWO HUNDRED FIFTY THOUSAND DOLLARS BECAUSE OF
THE DEATH OF ONE PERSON, AND FIVE HUNDRED THOUSAND DOLLARS BECAUSE OF
THE DEATH OF TWO OR MORE PERSONS; IN THE YEAR TWO THOUSAND TWELVE IN,
ANY ONE ACCIDENT, TO A LIMIT OF FIFTY THOUSAND DOLLARS BECAUSE OF BODILY
INJURY TO ONE PERSON, ONE HUNDRED THOUSAND DOLLARS FOR BODILY INJURY TO
TWO OR MORE PERSONS, TWENTY-FIVE THOUSAND DOLLARS FOR DESTRUCTION OF
PROPERTY, THREE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS BECAUSE OF THE
DEATH OF ONE PERSON, AND SEVEN HUNDRED FIFTY THOUSAND DOLLARS BECAUSE OF
THE DEATH OF TWO OR MORE PERSONS; IN THE YEAR TWO THOUSAND THIRTEEN AND
THEREAFTER, IN ANY ONE ACCIDENT, TO A LIMIT OF ONE HUNDRED THOUSAND
DOLLARS BECAUSE OF BODILY INJURY TO ONE PERSON, THREE HUNDRED THOUSAND
DOLLARS FOR BODILY INJURY TO TWO OR MORE PERSONS, FIFTY THOUSAND DOLLARS
FOR DESTRUCTION OF PROPERTY, FIVE HUNDRED THOUSAND DOLLARS BECAUSE OF
THE DEATH OF ONE PERSON, AND ONE MILLION DOLLARS BECAUSE OF THE DEATH OF
TWO OR MORE PERSONS; AND WITH RESPECT TO EACH LIVERY AS DEFINED IN
SECTION ONE HUNDRED TWENTY-ONE-E OF THIS CHAPTER, SHALL BE IN THE YEAR
TWO THOUSAND ELEVEN, IN ANY ONE ACCIDENT, TO A LIMIT OF THIRTY THOUSAND
DOLLARS BECAUSE OF BODILY INJURY TO ONE PERSON, SIXTY THOUSAND DOLLARS
FOR BODILY INJURY TO TWO OR MORE PERSONS, TEN THOUSAND DOLLARS FOR
DESTRUCTION OF PROPERTY, TWO HUNDRED FIFTY THOUSAND DOLLARS BECAUSE OF
THE DEATH OF ONE PERSON, AND FIVE HUNDRED THOUSAND DOLLARS BECAUSE OF
THE DEATH OF TWO OR MORE PERSONS; IN THE YEAR TWO THOUSAND ELEVEN, IN
ANY ONE ACCIDENT, TO A LIMIT OF FIFTY THOUSAND DOLLARS BECAUSE OF BODILY
INJURY TO ONE PERSON, ONE HUNDRED THOUSAND DOLLARS FOR BODILY INJURY TO
TWO OR MORE PERSONS, TWENTY-FIVE THOUSAND DOLLARS FOR DESTRUCTION OF
PROPERTY, THREE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS BECAUSE OF THE
DEATH OF ONE PERSON, AND SEVEN HUNDRED FIFTY THOUSAND DOLLARS BECAUSE OF
THE DEATH OF TWO OR MORE PERSONS; IN THE YEAR TWO THOUSAND THIRTEEN AND
THEREAFTER, IN ANY ONE ACCIDENT, TO A LIMIT OF ONE HUNDRED THOUSAND
DOLLARS BECAUSE OF BODILY INJURY TO ONE PERSON, THREE HUNDRED THOUSAND
DOLLARS FOR BODILY INJURY TO TWO OR MORE PERSONS, FIFTY THOUSAND DOLLARS
FOR DESTRUCTION OF PROPERTY, FIVE HUNDRED THOUSAND DOLLARS BECAUSE OF
THE DEATH OF ONE PERSON, AND ONE MILLION DOLLARS BECAUSE OF THE DEATH OF
TWO OR MORE PERSONS. Any insurer authorized to issue an owner's policy
of liability insurance as provided for in this article may, pending the
A. 4990 3
[issue] ISSUANCE of such a policy, make an agreement, to be known as a
binder, or may, in lieu of such a policy, issue a renewal endorsement or
evidence of renewal of an existing policy[;], each of which shall be
construed to provide indemnity or protection in like manner and to the
same extent as such a policy. The provisions of this article shall apply
to such binders, renewal endorsements, or evidences of renewal. Every
such policy issued insuring private passenger vehicles and every renewal
policy, renewal endorsement, or other evidence of renewal issued shall
have attached thereto a rating information form which clearly specifies
and defines the rating classification assigned thereto, including any
applicable merit rating plan; and
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 and shall apply to all
policies and contracts issued, renewed, modified, altered, or amended on
or after such effective date; provided, however, that any rules or regu-
lations necessary for the implementation of this act on its effective
date shall be promulgated, and any other measures necessary for the
implementation of this act on its effective date shall be taken, on or
before such effective date.