S T A T E O F N E W Y O R K
________________________________________________________________________
7258
2011-2012 Regular Sessions
I N A S S E M B L Y
April 21, 2011
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Introduced by M. of A. McENENY, HOOPER -- Multi-Sponsored by -- M. of A.
BENEDETTO, CLARK, COLTON, COOK, MAISEL, PHEFFER, J. RIVERA, WEISENBERG
-- read once and referred to the Committee on Insurance
AN ACT to amend the insurance law, in relation to liability for vehicles
damaged by emergency vehicles or vehicles being pursued by a law
enforcement official
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subsection (k) of section 3411 of the insurance law is
amended to read as follows:
(k) (1) Each insurer which offers physical damage insurance subject to
the provisions of this section shall offer such insurance with a stand-
ard deductible of two hundred dollars for each occurrence. The insured
shall, however, at the inception of the policy or at the annual anniver-
sary date, or at the time of the replacement or addition of an automo-
bile, have the option of purchasing a policy with a lesser deductible,
but in no event may the insurer sell a policy with a deductible of less
than fifty dollars for fire, theft or comprehensive insurance coverages
(one hundred dollars for assigned risk policies issued pursuant to para-
graph two of subsection (a) of section five thousand three hundred three
of this chapter) and one hundred dollars for collision insurance cover-
age except that window glass coverage may be sold without a deductible.
Each insurer which offers physical damage insurance subject to the
provisions of this section shall also offer physical damage coverages
with co-insurance or deductible provisions or combinations thereof as
the superintendent may prescribe, including but not limited to deduct-
ibles of two hundred fifty dollars, five hundred dollars and one thou-
sand dollars.
(2) NO INSURER SHALL REQUIRE THE INSURED TO PAY A DEDUCTIBLE FOR
DAMAGES OCCURRING, THROUGH NO FAULT OF THE INSURED, AS THE RESULT OF AN
ACCIDENT BETWEEN THE INSURED'S VEHICLE AND A MUNICIPAL OR STATE VEHICLE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01144-01-1
A. 7258 2
UTILIZED TO REMOVE SNOW ON BEHALF OF A MUNICIPALITY OF THE STATE. THE
INSURER IS NOT PROHIBITED FROM PURSUING RECOVERY FROM THE RESPONSIBLE
PARTY OR THE INSURER OF THE RESPONSIBLE PARTY.
S 2. This act shall take effect on the first of October next succeed-
ing the date on which it shall have become a law and shall apply to all
policies issued or renewed on or after such effective date.