senate Bill S7312B

Signed By Governor
2011-2012 Legislative Session

Relates to uninsured and underinsured motorist coverage for ambulance services, volunteer fire departments and volunteer ambulance services

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Archive: Last Bill Status Via A10090 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 17, 2012 approval memo.22
signed chap.496
Dec 05, 2012 delivered to governor
Jun 21, 2012 returned to assembly
passed senate
3rd reading cal.1439
substituted for s7312b
Jun 21, 2012 substituted by a10090b
Jun 20, 2012 ordered to third reading cal.1439
committee discharged and committed to rules
Jun 18, 2012 print number 7312b
amend (t) and recommit to insurance
Jun 11, 2012 print number 7312a
amend and recommit to insurance
May 02, 2012 referred to insurance

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S7312 - Bill Details

See Assembly Version of this Bill:
A10090B
Law Section:
Insurance Law
Laws Affected:
Amd §3420, Ins L

S7312 - Bill Texts

view summary

Relates to uninsured and underinsured motorist coverage for corporate and business entities, volunteer fire departments and volunteer ambulance services.

view sponsor memo
BILL NUMBER:S7312

TITLE OF BILL:
An act
to amend the insurance law, in relation to uninsured and underinsured
motorist coverage for corporate and business entities, volunteer fire
departments and volunteer ambulance services

PURPOSE:
To ensure that employees of a corporate or business entity,
volunteer firefighters and volunteer ambulance crews, while acting in
the scope of their duties for a corporate or business entity,
volunteer fire department or volunteer ambulance service, shall be
covered by the maximum available supplemental uninsured/underinsured
motorist coverage in an insurance policy that names such corporate or
business entity or volunteer fire department or volunteer ambulance
service as a named insured.

SUMMARY OF PROVISIONS:
This bill amends section 3420(f) of the
insurance law pertaining to mandatory uninsured motorist coverage and
optional supplemental uninsured/underinsured motorist coverage
("SUM") by clarifying the definition of the term "named insured" when
the "named insured" is a corporate or business entity or a volunteer
fire department or volunteer ambulance service.

This bill provides that an insurance policy that includes SUM coverage
that names a corporate or business entity, volunteer fire department
or volunteer ambulance service as a named insured shall be deemed to
provide the maximum SUM coverage available under that particular
policy to any individual employed by such corporate or business
entity, or who is a member of such volunteer tire department or
volunteer ambulance service, regardless of whether the individual is
an additional named insured under that policy, or is a named insured,
or is covered under any other policy providing SUM coverage.

JUSTIFICATION:
This issue arises because the mandatory New York SUM
endorsement required by 11 NYCRR Section 60-2.3 defines the term
"insured" to mean, in relevant part, "You, as the named insured and,
while residents of the same household, your spouse and the relatives
of either you or your spouse..." 11 NYCRR Sect. 60-2.3(f)(1).
Starting with Buckner v. MVAIC, 66 NY2d 211(1985) and continuing
with an increasing number of Appellate Division decisions since, our
Courts have consistently held that when the "named insured" is an
entity such as a corporation or a volunteer fire department, the
individual officers, directors, employees or volunteers will not be
covered as "named insureds" even when they were injured within the
scope of their duties for the insured entity.
While these individuals might still be covered under 11 NYCRR Section
60-2.3(t)(2) if they were "occupying" a covered vehicle, the
definition of "named insured" as interpreted by our Courts creates a
gap in coverage for employees and volunteer firefighters and
ambulance crews injured by uninsured or underinsured vehicles in the
scope of their duties for the "named insured" entity while outside of
a covered vehicle.


This means that unless the definition of the term "insured" is
clarified, a corporation or business entity, volunteer fire
department, or volunteer ambulance service will be unable to provide
SUM coverage to its officers, employees or members who face risks
from uninsured or underinsured vehicles in the course of their
employment after exiting from covered vehicles. The danger is
particularly acute for volunteer firefighters, ambulance crews, and
for employees of delivery companies and refuse collectors, all of
whom are exposed to vehicle hazards after they have exited a covered
vehicle.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
120th day after it shall become law.
Effective
immediately, the addition, amendment and/or repeal of any rules or
regulations necessary for the implementation of this act on its
effective date are authorized to be made on or before such effective
date.

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

                                  7312

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced  by  Sen.  SEWARD -- 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 uninsured and underin-
  sured motorist coverage for corporate and business entities, volunteer
  fire departments and volunteer ambulance services

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subsection  (f)  of  section 3420 of the insurance law is
amended by adding a new paragraph 5 to read as follows:
  (5) A POLICY THAT NAMES A CORPORATE OR BUSINESS  ENTITY,  A  VOLUNTEER
FIRE  DEPARTMENT,  OR  A  VOLUNTEER AMBULANCE SERVICE AS A NAMED INSURED
SHALL BE DEEMED TO PROVIDE THE MAXIMUM UNINSURED OR UNDERINSURED  MOTOR-
IST COVERAGE AVAILABLE UNDER THE POLICY TO AN INDIVIDUAL EMPLOYED BY THE
CORPORATE  OR  BUSINESS  ENTITY OR WHO IS A MEMBER OF THE VOLUNTEER FIRE
DEPARTMENT OR VOLUNTEER AMBULANCE SERVICE AND WHO IS INJURED BY AN UNIN-
SURED OR UNDERINSURED VEHICLE WHILE ACTING IN THE SCOPE OF THE  INDIVID-
UAL'S  DUTIES  FOR  THE  CORPORATE  OR  BUSINESS  ENTITY, VOLUNTEER FIRE
DEPARTMENT OR VOLUNTEER AMBULANCE SERVICE LISTED AS THE NAMED INSURED.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment  and/or repeal of any rules or regulations necessary for the imple-
mentation of this act on its effective date are authorized to be made on
or before such effective date.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15699-01-2

S7312A - Bill Details

See Assembly Version of this Bill:
A10090B
Law Section:
Insurance Law
Laws Affected:
Amd §3420, Ins L

S7312A - Bill Texts

view summary

Relates to uninsured and underinsured motorist coverage for corporate and business entities, volunteer fire departments and volunteer ambulance services.

view sponsor memo
BILL NUMBER:S7312A

TITLE OF BILL:
An act
to amend the insurance law, in relation to uninsured and underinsured
motorist coverage for corporate and business entities, volunteer fire
departments and volunteer ambulance services

PURPOSE:
To ensure that employees of a corporate or business entity,
volunteer firefighters and volunteer ambulance crews, while acting in
the scope of their duties for a corporate or business entity,
volunteer fire department or volunteer ambulance service, shall be
covered by the maximum available supplemental uninsured/underinsured
motorist coverage in an insurance policy that names such corporate or
business entity or volunteer fire department or volunteer ambulance
service as a named insured.

SUMMARY OF PROVISIONS:
This bill amends section 3420(f) of the
insurance law pertaining to mandatory uninsured motorist coverage and
optional supplemental uninsured/underinsured motorist coverage
("SUM") by clarifying the definition of the term "named insured" when
the "named insured" is a corporate or business entity or a volunteer
fire department or volunteer ambulance service.

This bill provides that an insurance policy that includes SUM coverage
that names a corporate or business entity, volunteer fire department
or volunteer ambulance service as a named insured shall be deemed to
provide the maximum SUM coverage available under that particular
policy to any individual employed by such corporate or business
entity, or who is a member of such volunteer fire department or
volunteer ambulance service, regardless of whether the individual is
an additional named insured under that policy, or is a named insured,
or is covered under any other policy providing SUM coverage.

JUSTIFICATION:
This issue arises because the mandatory New York SUM
endorsement required by 11 NYCRR Section 60-2.3 defines the term
"insured" to mean, in relevant part, "You, as the named insured and,
while residents of the same household, your spouse and the relatives
of either you or your spouse..." 11 NYCRR Sect. 60-2.3(f)(1).
Starting with Buckner v. MVAIC, 66 NY2d 211 (1985) and continuing
with an increasing number of Appellate Division decisions since, our
Courts have consistently held that when the "named insured" is an
entity such as a corporation or a volunteer fire department, the
individual officers, directors, employees or volunteers will not be
covered as "named insureds" even when they were injured within the
scope of their duties for the insured entity.
While these individuals might still be covered under 11 NYCRR Section
60-2.3(f)(2) if they were "occupying" a covered vehicle, the

definition of "named insured" as interpreted by our Courts creates a
gap in coverage for employees and volunteer firefighters and
ambulance crews injured by uninsured or underinsured vehicles in the
scope of their duties for the "named insured" entity while outside of
a covered vehicle.

This means that unless the definition of the term "insured" is
clarified, a corporation or business entity, volunteer fire
department, or volunteer ambulance service will be unable to provide
SUM coverage to its officers, employees or members who face risks
from uninsured or underinsured vehicles in the course of their
employment after exiting from covered vehicles. The danger is
particularly acute for volunteer firefighters, ambulance crews, and
for employees of delivery companies and refuse collectors, all of
whom are exposed to vehicle hazards after they have exited a covered
vehicle.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
120th day after it shall become law. Effective
immediately, the addition, amendment and/or repeal of any rules or
regulations necessary for the implementation of this act on its
effective date are authorized to be made on or before such effective
date.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7312--A

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Insurance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the insurance law, in relation to uninsured and underin-
  sured motorist coverage for corporate and business entities, volunteer
  fire departments and volunteer ambulance services

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subsection (f) of section 3420  of  the  insurance  law  is
amended by adding a new paragraph 5 to read as follows:
  (5)  A  POLICY  THAT NAMES A CORPORATE OR BUSINESS ENTITY, A VOLUNTEER
FIRE DEPARTMENT, OR A VOLUNTEER AMBULANCE SERVICE  AS  A  NAMED  INSURED
SHALL  BE DEEMED TO PROVIDE THE MAXIMUM UNINSURED OR UNDERINSURED MOTOR-
IST COVERAGE AVAILABLE UNDER THE PROVISIONS OF THE POLICY TO AN INDIVID-
UAL EMPLOYED BY THE CORPORATE OR BUSINESS ENTITY, A MEMBER OF THE VOLUN-
TEER FIRE DEPARTMENT OR VOLUNTEER AMBULANCE SERVICE OR A MEMBER  OF  THE
BOARD  OF DIRECTORS OF SUCH CORPORATE OR BUSINESS ENTITY, VOLUNTEER FIRE
DEPARTMENT OR VOLUNTEER AMBULANCE SERVICE AND WHO IS INJURED BY AN UNIN-
SURED OR UNDERINSURED VEHICLE WHILE ACTING IN THE SCOPE OF THE  INDIVID-
UAL'S  DUTIES  FOR  THE  CORPORATE  OR  BUSINESS  ENTITY, VOLUNTEER FIRE
DEPARTMENT OR VOLUNTEER AMBULANCE SERVICE LISTED AS THE NAMED INSURED.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment  and/or repeal of any rules or regulations necessary for the imple-
mentation of this act on its effective date is authorized to be made  on
or before such effective date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15699-03-2

S7312B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A10090B
Law Section:
Insurance Law
Laws Affected:
Amd §3420, Ins L

S7312B (ACTIVE) - Bill Texts

view summary

Relates to uninsured and underinsured motorist coverage for corporate and business entities, volunteer fire departments and volunteer ambulance services.

view sponsor memo
BILL NUMBER:S7312B

TITLE OF BILL:
An act
to amend the insurance law, in relation to uninsured and underinsured
motorist coverage for ambulance services, volunteer fire
departments and voluntary ambulance services

PURPOSE:
To ensure that volunteer firefighters and
ambulance crews,
while acting in the scope of their duties shall be covered by the
maximum available supplemental uninsured/underinsured motorist
coverage in an insurance policy that names such volunteer fire
department or ambulance service as a named insured.

SUMMARY OF PROVISIONS:;
This bill amends section 3420(f) of the
insurance law pertaining to mandatory uninsured motorist coverage and
optional supplemental uninsured/underinsured motorist coverage
("SUM") by clarifying the definition of the term "named insured" when
the "named insured" is a corporate or business entity or a volunteer
fire department or volunteer ambulance service.

This bill provides that an insurance policy that includes SUM coverage
that names a volunteer fire department or ambulance service as a
named insured shall be deemed to provide the maximum SUM coverage
available under that particular policy to any individual who is a
member of such volunteer fire department or ambulance service,
regardless of whether the individual is an additional named insured
under that policy, or is a named insured, or is covered under any
other policy providing SUM coverage.

JUSTIFICATION:
This issue arises because the
mandatory New York SUM
endorsement required by II NYCRR Section 60-23 defines the term
"insured" to mean, in relevant part, "You, as the named insured and,
while residents of the same household, your spouse and the relatives
of either you or your spouse.. ." II NYCRR Sect 60-2.3(f)(1).
Starting with Buckner v. MVAIC, 66 NY2d 211 (1985) and continuing with
an increasing number of Appellate Division decisions since, our
Courts have consistently held that when the "named insured" is an
entity such as a a volunteer fire department, the individual
officers. directors, employees or volunteers will not be covered as
"named insureds" even when they were injured within the scope of
their duties for the insured entity. While these individuals might
still be covered under 11NYCRR Section 60-2.3(f)(2) if they were
"occupying" a covered vehicle, the definition of "named insured" as
interpreted by our Courts creates a gap in coverage for employees and
volunteer firefighters and ambulance crews injured by uninsured or
underinsured vehicles in the scope of their duties for the "named
insured" entity while outside of a covered vehicle.

This means that unless the definition of the term "insured" is
clarified a volunteer fire department, or ambulance service will be


unable to provide SUM coverage to its officers, employees or members
who face risks from uninsured or underinsured vehicles in the course
of their employment after exiting from covered vehicles. The danger
is particularly acute for volunteer firefighters and ambulance crews,
all of whom are exposed to vehicle hazards after they have exited a
covered vehicle.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
120th day after it shall become law and shall apply
to any policies issued or renewed on or after such date. Effective
immediately, the addition, amendment and/or repeal of any rules or
regulations necessary for the implementation of this act on its
effective date are authorized to be made on or before such effective
date.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7312--B

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Insurance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the insurance law, in relation to uninsured and underin-
  sured motorist coverage for ambulance services, volunteer fire depart-
  ments and voluntary ambulance services

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subsection  (f)  of  section 3420 of the insurance law is
amended by adding a new paragraph 5 to read as follows:
  (5) A POLICY THAT NAMES A  VOLUNTEER  FIRE  DEPARTMENT,  AN  AMBULANCE
SERVICE  OR  A  VOLUNTARY  AMBULANCE SERVICE AS DEFINED IN SECTION THREE
THOUSAND ONE OF THE PUBLIC HEALTH LAW,  AS  A  NAMED  INSURED  SHALL  BE
DEEMED  TO PROVIDE THE MAXIMUM UNINSURED OR UNDERINSURED MOTORIST COVER-
AGE AVAILABLE UNDER THE  PROVISIONS  OF  THE  POLICY  TO  AN  INDIVIDUAL
EMPLOYED  BY  THE  AMBULANCE  SERVICE  OR A MEMBER OF THE VOLUNTEER FIRE
DEPARTMENT OR VOLUNTARY AMBULANCE SERVICE OR A MEMBER OF  THE  BOARD  OF
DIRECTORS OF SUCH AMBULANCE SERVICE, VOLUNTEER FIRE DEPARTMENT OR VOLUN-
TARY  AMBULANCE  SERVICE  AND WHO IS INJURED BY AN UNINSURED OR UNDERIN-
SURED VEHICLE WHILE ACTING IN THE SCOPE OF THE INDIVIDUAL'S  DUTIES  FOR
THE  VOLUNTEER FIRE DEPARTMENT, AMBULANCE SERVICE OR VOLUNTARY AMBULANCE
SERVICE LISTED AS THE NAMED INSURED.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law and shall apply to  any  policies  issued  or
renewed  on  or  after  such  date. Effective immediately, the addition,
amendment and/or repeal of any rules or regulations  necessary  for  the
implementation  of  this  act  on its effective date is authorized to be
made on or before such effective date.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15699-06-2

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