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Assembly Bill A547

2011-2012 Legislative Session

Relates to entitlement to first party benefits

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Archive: Last Bill Status - In Assembly Committee

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2011-A547 (ACTIVE) - Details

Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Amd ยง5103, Ins L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3694
2013-2014: A560

2011-A547 (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.

2011-A547 (ACTIVE) - Bill Text download pdf 

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

                                   547

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of A. DINOWITZ, PEOPLES-STOKES, 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, as amended by chapter 303 of the laws of 2010, is  amended  to
read as follows:
  (2)  (I)  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 shall not exclude:
  (A) such person from coverage  with  respect  to  necessary  emergency
health  services  rendered in a general hospital, as defined in subdivi-
sion ten of section two thousand eight hundred one of the public  health
law,  including ambulance services attendant thereto and related medical
screening; OR
  (B) 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.
  (II)  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;  provided
that  if  chapter 303 of the laws of 2010 shall not have taken effect by
such effective date, then this act shall take effect on  the  same  date
and in the same manner as such chapter takes effect.

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