senate Bill S4397

2011-2012 Legislative Session

Prohibits the charging of a deductible when a motor vehicle, through no fault of the insured, is in an accident with a municipally-owned snow removal vehicle

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to insurance
Apr 04, 2011 referred to insurance

S4397 - Bill Details

See Assembly Version of this Bill:
A7258
Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §3411, Ins L
Versions Introduced in 2009-2010 Legislative Session:
S1673, A2167

S4397 - Bill Texts

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Prohibits the charging of a deductible when a motor vehicle, through no fault of the insured, is in an accident with a municipally-owned snow removal vehicle.

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BILL NUMBER:S4397

TITLE OF BILL:
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

SUMMARY OF PROVISIONS:
This bill amends the Insurance Law by amending
§3411, whereby no vehicle liability insurance shall require
payment of a deductible for damages occurring, through no fault of
the insured, as a result of an accident with a snow removal vehicle.
The bill also provides that the insurance carrier is not prohibited
from pursuing recovery from the responsible party or his insurer.

JUSTIFICATION:
During snow emergency situations, official snow
removal vehicles occasionally damage parked vehicles during the
course of their duties. Any resulting accident is unfortunate, but
the added burden of paying for the deductible is unfair to the
private citizen whose vehicle is damaged through no fault of his own.
This bill would protect against the imposition of additional
financial hardship on an innocent motorist.

FISCAL IMPLICATIONS:
None.

PRIOR LEGISLATIVE HISTORY:
2005-06: Senate Insurance Committee
2007-08: Senate Insurance Committee
2009-10: Senate Insurance Committee

EFFECTIVE DATE:
This act shall take effect on the first of October next succeeding the
date on which it shall have become a law.

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

                                  4397

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 4, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed 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
UTILIZED  TO  REMOVE SNOW ON BEHALF OF A MUNICIPALITY OF THE STATE.  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01144-01-1

S. 4397                             2

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.

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