Senate Bill S7337A

2011-2012 Legislative Session

Relates to limits on certain supplementary insurance

download bill text pdf

Archive: Last Bill Status - In Senate Committee Insurance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 31, 2012	print number 7337a
May 31, 2012	amend and recommit to insurance
May 02, 2012	referred to insurance

Bill Amendments

co-Sponsors

View additional co-sponsors

2011-S7337 - Details

See Assembly Version of this Bill:: A10390
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §3420, Ins L

2011-S7337 - Summary

Relates to limits on certain supplementary insurance; permits insured to refuse supplementary insurance; requires certain disclaimer.

2011-S7337 - Sponsor Memo

                                BILL NUMBER:S7337

TITLE OF BILL:
An act to amend the insurance law, in relation to limits on certain
supplementary insurance

PURPOSE:
Provides that insurance companies must provide motorists with
supplementary insurance coverage equal to bodily injury liability
coverage, unless the insured specifically accepts lower supplementary
insurance coverage in writing. In no event shall supplementary
insurance coverage be less than the statutory minimum bodily injury
liability insurance limits.

SUMMARY OF PROVISIONS:
This bill would amend Section 1. Subparagraph (A) of paragraph 2 of
subsection (f) of section 3420 of the insurance law as amended by
Chapters 547 and 566 of the laws of 1997, to provides that
supplementary insurance coverage must equal bodily injury liability
insurance limits unless the insured declines such supplementary
uninsured/underinsured motorists insurance or selects lower coverage
with a written waiver signed by the insured.

This bill also prohibits offsetting, by which compensation received
from other sources is deducted from the SUM coverage provided to the
insured Where an insured is not driving their own vehicle when an

accident occurs, and is thus covered by multiple insurance policies,
this bill will allow the insured to receive SUM coverage under each
policy.

JUSTIFICATION:
This bill would amend the insurance law in relation to unknowingly
waiving supplementary insurance coverage. Supplementary insurance,
also known as uninsured or underinsured motorist insurance, protects
motorists who suffer severe and devastating injuries in accidents with
drivers who carry inadequate or no insurance. Few drivers are aware of
the value of supplementary insurance and insurance companies rarely
offer supplementary insurance coverage above the statutory minimum.
This bill will ensure that drivers are fully protected by
supplementary insurance, equal to the bodily injury liability
insurance coverage they select unless theý affirmatively elect lower
coverage.

This bill will also ensure that an insured will receive up to the full
amount of SUM coverage they purchase. The practice of offsetting, by
which insurance providers deduct from SUM benefits amounts received
from other sources, can leave an insured without any SUM coverage
despite having paid the appropriate premiums. Similarly, an insured
covered by two or more policies can only receive SUM benefits from one
of those policies ill the event of an accident. The practice of
offsetting allows insurance providers to collect premiums for SUM
coverage but avoid paying claims on that coverage in the event of an
accident.

LEGISLATIVE HISTORY:
New bill.


FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
30 days after becoming a law.

2011-S7337 - Bill Text download pdf

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

                                  7337

                            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  limits  on  certain
  supplementary insurance

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

  Section 1. Paragraph 2 of subsection (f) of section 3420 of the insur-
ance law, as separately amended by chapters 547 and 568 of the  laws  of
1997, is amended to read as follows:
  (2)  (A)  Any  such policy shall[, at the option of the insured, also]
provide supplementary  uninsured/underinsured  motorists  insurance  for
bodily  injury[,  in  an  amount up to] IN THE SAME AMOUNT AS the bodily
injury liability insurance limits of coverage provided under such  poli-
cy[,  subject to a maximum of two hundred fifty thousand dollars because
of bodily injury to or death of one person  in  any  one  accident  and,
subject  to  such  limit  for  one  person,  up to five hundred thousand
dollars because of bodily injury to or death of two or more  persons  in
any  one  accident,  or  a  combined single limit policy of five hundred
thousand dollars because of bodily injury to or death  of  one  or  more
persons  in  any one accident. Provided however, an insurer issuing such
policy, in lieu of offering to the insured the coverages  stated  above,
may provide supplementary uninsured/underinsured motorists insurance for
bodily  injury, in an amount up to the bodily injury liability insurance
limits of coverage provided under such policy, subject to a  maximum  of
one hundred thousand dollars because of bodily injury to or death of one
person in any one accident and, subject to such limit for one person, up
to  three  hundred thousand dollars because of bodily injury to or death
of two or more persons in any one accident, or a combined  single  limit
policy  of three hundred thousand dollars because of bodily injury to or
death of one or more persons in any one accident, if such  insurer  also
makes  available  a  personal  umbrella  policy  with liability coverage
limits up to at least five hundred thousand dollars which also  provides
coverage  for  supplementary  uninsured/underinsured  motorists claims].
THE COVERAGE REQUIRED UNDER THIS PARAGRAPH IS NOT APPLICABLE WHEN, OR TO

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

                                                           LBD15532-01-2

S. 7337                             2

THE EXTENT THAT,  AN  INSURED  NAMED  IN  THE  POLICY  MAKES  A  WRITTEN
REJECTION  OF  THE  COVERAGE ON BEHALF OF ALL INSUREDS UNDER THE POLICY,
PROVIDED HOWEVER, THAT IN NO EVENT SHALL COVERAGE  REQUIRED  UNDER  THIS
SECTION  BE  LESS  THAN  THE  STATUTORY  MINIMUM BODILY INJURY LIABILITY
INSURANCE LIMITS. Supplementary uninsured/underinsured motorists  insur-
ance  shall  provide coverage, in any state or Canadian province, if the
limits of liability under all bodily injury liability bonds  and  insur-
ance policies of [another] ANY motor vehicle liable for damages are in a
lesser  amount  than  the  bodily  injury  liability insurance limits of
coverage provided by such policy. Upon written request  by  any  insured
covered  by  supplemental  uninsured/underinsured motorists insurance or
his duly authorized representative and upon disclosure by the insured of
the insured's  bodily  injury  and  supplemental  uninsured/underinsured
motorists  insurance  coverage limits, the insurer of any other owner or
operator of another motor vehicle against which a claim  has  been  made
for damages to the insured shall disclose, within forty-five days of the
request,  the  bodily  injury liability insurance limits of its coverage
provided under the policy or all bodily injury liability bonds. The time
of the insured to make any supplementary uninsured/underinsured motorist
claim, shall be tolled during the period the insurer of any other  owner
or  operator  of another motor vehicle that may be liable for damages to
the insured, fails to so disclose its coverage. As a condition precedent
to the  obligation  of  the  insurer  to  pay  under  the  supplementary
uninsured/underinsured  motorists  insurance  coverage,  the  limits  of
liability of [all] bodily injury liability bonds or  insurance  policies
applicable  at the time of the accident shall be exhausted by payment of
judgments or settlements.
  (B) [In addition to the notice provided, upon issuance of a policy  of
motor vehicle liability insurance pursuant to regulations promulgated by
the  superintendent,  insurers shall notify insureds, in writing, of the
availability of supplementary uninsured/underinsured motorists coverage.
Such  notification  shall  contain  an  explanation   of   supplementary
uninsured/underinsured  motorists  coverage  and the amounts in which it
can be purchased. Subsequently, a notification of availability shall  be
provided  at  least  once a year and may be simplified pursuant to regu-
lations promulgated by the superintendent, but must  include  a  concise
statement  that  supplementary uninsured/underinsured motorists coverage
is available, an explanation of such coverage, and the  coverage  limits
that  can  be purchased from the insurer.] THE REJECTION OR SELECTION OF
LOWER LIMITS SHALL BE MADE ON A FORM APPROVED BY THE SUPERINTENDENT. THE
FORM SHALL FULLY ADVISE THE INSURED OF THE NATURE OF  THE  COVERAGE  AND
SHALL STATE THAT THE COVERAGE IS EQUAL TO BODILY INJURY LIABILITY LIMITS
UNLESS LOWER LIMITS ARE REQUESTED OR THE COVERAGE IS REJECTED. THE HEAD-
ING OF THE FORM SHALL BE IN 12-POINT BOLD TYPE AND SHALL STATE: "YOU ARE
ELECTING  NOT  TO  PURCHASE CERTAIN VALUABLE COVERAGE WHICH PROTECTS YOU
AND YOUR FAMILY OR YOU ARE PURCHASING  UNINSURED  MOTORIST  LIMITS  LESS
THAN YOUR BODILY INJURY LIABILITY LIMITS WHEN YOU SIGN THIS FORM. PLEASE
READ  CAREFULLY."  IF THIS FORM IS SIGNED BY A NAMED INSURED, IT WILL BE
CONCLUSIVELY PRESUMED THAT THERE WAS AN INFORMED, KNOWING  REJECTION  OF
COVERAGE  OR  ELECTION  OF  LOWER  LIMITS ON BEHALF OF ALL INSUREDS. THE
INSURER SHALL NOTIFY THE NAMED INSURED AT LEAST ANNUALLY OF HER  OR  HIS
OPTIONS AS TO THE COVERAGE REQUIRED BY THIS PARAGRAPH. SUCH NOTICE SHALL
BE  PART OF, AND ATTACHED TO, THE NOTICE OF PREMIUM, SHALL PROVIDE FOR A
MEANS TO ALLOW THE INSURED TO REQUEST SUCH COVERAGE, AND SHALL BE  GIVEN
IN  A MANNER APPROVED BY THE SUPERINTENDENT. IF THE INSURED HAS REJECTED
COVERAGE UNDER THIS PARAGRAPH OR HAS SELECTED LOWER LIMITS,  THE  NOTICE

S. 7337                             3

OF  PREMIUM  SHALL  CLEARLY  INDICATE  THE  LEVEL  OF COVERAGE ACCEPTED.
RECEIPT OF THIS NOTICE DOES NOT CONSTITUTE AN AFFIRMATIVE WAIVER OF  THE
INSURED'S RIGHT TO UNINSURED MOTORIST COVERAGE WHERE THE INSURED HAS NOT
SIGNED A SELECTION OR REJECTION FORM.
  (C)(I)  THE  AMOUNT  OF SUPPLEMENTARY UNINSURED/UNDERINSURED MOTORISTS
COVERAGE AVAILABLE UNDER THIS PARAGRAPH SHALL NOT BE REDUCED BY A SETOFF
AGAINST ANY COVERAGE, INCLUDING LIABILITY INSURANCE  OBTAINED  FROM  ANY
OTHER  VEHICLE  INVOLVED  IN THE ACCIDENT. SUCH COVERAGE SHALL NOT INURE
DIRECTLY OR INDIRECTLY TO THE BENEFIT OF ANY  WORKERS'  COMPENSATION  OR
DISABILITY  BENEFITS CARRIER OR ANY PERSON OR ORGANIZATION QUALIFYING AS
A SELF INSURER UNDER ANY WORKERS' COMPENSATION  OR  DISABILITY  BENEFITS
LAW OR SIMILAR LAW.
  (II)  THE COVERAGE PROVIDED AS TO TWO OR MORE MOTOR VEHICLES SHALL NOT
BE ADDED TOGETHER TO DETERMINE THE LIMIT OF INSURANCE COVERAGE AVAILABLE
TO AN INJURED PERSON FOR ANY ONE ACCIDENT, EXCEPT AS PROVIDED IN  CLAUSE
(IV) OF THIS SUBPARAGRAPH.
  (III) IF AT THE TIME OF THE ACCIDENT THE INJURED PERSON IS OCCUPYING A
MOTOR  VEHICLE WHICH IS OWNED BY HIM OR HER OR BY A FAMILY MEMBER RESID-
ING WITH HIM OR HER, THE SUPPLEMENTARY UNINSURED/UNDERINSURED  MOTORISTS
COVERAGE  AVAILABLE  TO  HIM OR HER IS THE COVERAGE AVAILABLE AS TO THAT
MOTOR VEHICLE.
  (IV) IF, AT THE TIME OF THE ACCIDENT, THE INJURED PERSON IS  OCCUPYING
A  MOTOR  VEHICLE WHICH IS NOT OWNED BY HIM OR HER OR BY A FAMILY MEMBER
RESIDING WITH HIM OR HER, HE OR SHE IS ENTITLED TO THE HIGHEST LIMITS OF
SUPPLEMENTARY UNINSURED/UNDERINSURED MOTORISTS COVERAGE AFFORDED FOR ANY
ONE VEHICLE AS TO WHICH HE OR SHE IS A NAMED INSURED OR  INSURED  FAMILY
MEMBER.  SUCH  COVERAGE SHALL BE EXCESS OVER THE COVERAGE ON THE VEHICLE
THE INJURED PERSON IS OCCUPYING.
  (V) IF, AT THE TIME OF THE ACCIDENT, THE INJURED PERSON IS NOT OCCUPY-
ING A MOTOR VEHICLE, HE OR SHE IS ENTITLED TO SELECT ANY  ONE  LIMIT  OF
SUPPLEMENTARY  UNINSURED/UNDERINSURED  MOTORISTS  COVERAGE  FOR  ANY ONE
VEHICLE AFFORDED BY A POLICY UNDER WHICH HE OR SHE IS INSURED AS A NAMED
INSURED OR AS AN INSURED RESIDENT OF THE NAMED INSURED'S HOUSEHOLD.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have  become  a law, and shall apply to insurance policies and contracts
issued, entered into or renewed on and after such effective date.

co-Sponsors

View additional co-sponsors

2011-S7337A (ACTIVE) - Details

See Assembly Version of this Bill:: A10390
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §3420, Ins L

2011-S7337A (ACTIVE) - Summary

Relates to limits on certain supplementary insurance; permits insured to refuse supplementary insurance; requires certain disclaimer.

2011-S7337A (ACTIVE) - Sponsor Memo

2011-S7337A (ACTIVE) - Bill Text download pdf

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

                                 7337--A

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced  by  Sens. SEWARD, ADDABBO, AVELLA, DILAN, ESPAILLAT, KRUEGER
  -- 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 limits on certain
  supplementary insurance

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

  Section 1. Paragraph 2 of subsection (f) of section 3420 of the insur-
ance  law,  as separately amended by chapters 547 and 568 of the laws of
1997, is amended to read as follows:
  (2) (A) Any such policy shall[, at the option of  the  insured,  also]
provide  supplementary  uninsured/underinsured  motorists  insurance for
bodily injury[, in an amount up to] IN THE SAME  AMOUNT  AS  the  bodily
injury  liability insurance limits of coverage provided under such poli-
cy[, subject to a maximum of two hundred fifty thousand dollars  because
of  bodily  injury  to  or  death of one person in any one accident and,
subject to such limit for  one  person,  up  to  five  hundred  thousand
dollars  because  of bodily injury to or death of two or more persons in
any one accident, or a combined single  limit  policy  of  five  hundred
thousand  dollars  because  of  bodily injury to or death of one or more
persons in any one accident. Provided however, an insurer  issuing  such
policy,  in  lieu of offering to the insured the coverages stated above,
may provide supplementary uninsured/underinsured motorists insurance for
bodily injury, in an amount up to the bodily injury liability  insurance
limits  of  coverage provided under such policy, subject to a maximum of
one hundred thousand dollars because of bodily injury to or death of one
person in any one accident and, subject to such limit for one person, up
to three hundred thousand dollars because of bodily injury to  or  death
of  two  or more persons in any one accident, or a combined single limit
policy of three hundred thousand dollars because of bodily injury to  or
death  of  one or more persons in any one accident, if such insurer also
makes available a  personal  umbrella  policy  with  liability  coverage
limits  up to at least five hundred thousand dollars which also provides

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

                                                           LBD15532-02-2

S. 7337--A                          2

coverage for  supplementary  uninsured/underinsured  motorists  claims].
THE COVERAGE REQUIRED UNDER THIS PARAGRAPH IS NOT APPLICABLE WHEN, OR TO
THE  EXTENT  THAT,  AN  INSURED  NAMED  IN  THE  POLICY  MAKES A WRITTEN
REJECTION  OF  THE  COVERAGE ON BEHALF OF ALL INSUREDS UNDER THE POLICY,
PROVIDED HOWEVER, THAT IN NO EVENT SHALL COVERAGE  REQUIRED  UNDER  THIS
SECTION  BE  LESS  THAN  THE  STATUTORY  MINIMUM BODILY INJURY LIABILITY
INSURANCE LIMITS. Supplementary uninsured/underinsured motorists  insur-
ance  shall  provide coverage, in any state or Canadian province, if the
limits of liability under all bodily injury liability bonds  and  insur-
ance  policies  of  [another] ANY OTHER motor vehicle liable for damages
are in a lesser amount than the bodily injury liability insurance limits
of coverage provided by such policy. Upon written request by any insured
covered by supplemental uninsured/underinsured  motorists  insurance  or
his duly authorized representative and upon disclosure by the insured of
the  insured's  bodily  injury  and  supplemental uninsured/underinsured
motorists insurance coverage limits, the insurer of any other  owner  or
operator  of  another  motor vehicle against which a claim has been made
for damages to the insured shall disclose, within forty-five days of the
request, the bodily injury liability insurance limits  of  its  coverage
provided under the policy or all bodily injury liability bonds. The time
of the insured to make any supplementary uninsured/underinsured motorist
claim,  shall be tolled during the period the insurer of any other owner
or operator of another motor vehicle that may be liable for  damages  to
the insured, fails to so disclose its coverage. As a condition precedent
to  the  obligation  of  the  insurer  to  pay  under  the supplementary
uninsured/underinsured  motorists  insurance  coverage,  the  limits  of
liability  of  [all] bodily injury liability bonds or insurance policies
applicable at the time of the accident shall be exhausted by payment  of
judgments or settlements.
  (B)  [In addition to the notice provided, upon issuance of a policy of
motor vehicle liability insurance pursuant to regulations promulgated by
the superintendent, insurers shall notify insureds, in writing,  of  the
availability of supplementary uninsured/underinsured motorists coverage.
Such   notification   shall  contain  an  explanation  of  supplementary
uninsured/underinsured motorists coverage and the amounts  in  which  it
can  be purchased. Subsequently, a notification of availability shall be
provided at least once a year and may be simplified  pursuant  to  regu-
lations  promulgated  by  the superintendent, but must include a concise
statement that supplementary uninsured/underinsured  motorists  coverage
is  available,  an explanation of such coverage, and the coverage limits
that can be purchased from the insurer.] THE REJECTION OR  SELECTION  OF
LOWER  SUPPLEMENTARY  UNINSURED/UNDERINSURED MOTORISTS COVERAGE SHALL BE
MADE ON A FORM APPROVED BY  THE  SUPERINTENDENT  AND  FURNISHED  TO  THE
INSURED  AT  THE  TIME  THE POLICY IS SOLD, PURCHASED, NEGOTIATED AND/OR
RENEWED. THE FORM SHALL FULLY ADVISE THE INSURED OF THE  NATURE  OF  THE
COVERAGE  AND  SHALL  STATE  THAT THE COVERAGE IS EQUAL TO BODILY INJURY
LIABILITY LIMITS UNLESS LOWER LIMITS ARE REQUESTED OR  THE  COVERAGE  IS
REJECTED. THE FORM SHALL SET FORTH THE DIFFERENCE IN PREMIUMS TO BE PAID
SHOULD  THE  INSURED  CHOOSE  TO  ACCEPT  OR REJECT HIGHER SUPPLEMENTARY
UNINSURED/UNDERINSURED MOTORISTS COVERAGE.   THE  HEADING  OF  THE  FORM
SHALL BE IN 12-POINT BOLD TYPE AND SHALL STATE: "YOU ARE ELECTING NOT TO
PURCHASE CERTAIN VALUABLE COVERAGE WHICH PROTECTS YOU AND YOUR FAMILY OR
YOU ARE PURCHASING UNINSURED MOTORIST LIMITS LESS THAN YOUR BODILY INJU-
RY  LIABILITY  LIMITS  WHEN  YOU  SIGN  THIS FORM. PLEASE READ CAREFULLY
BEFORE REJECTING HIGHER LIMITS, BY  DOING  SO  YOU  ARE  PROVIDING  LESS
PROTECTION  FOR  YOURSELF AND YOUR FAMILY THAN YOU ARE FOR THE PUBLIC AT

S. 7337--A                          3

LARGE." IF THIS FORM IS SIGNED BY A NAMED INSURED, IT  WILL  BE  CONCLU-
SIVELY  PRESUMED THAT THERE WAS AN INFORMED, KNOWING REJECTION OF COVER-
AGE OR ELECTION OF LOWER LIMITS ON BEHALF OF ALL INSUREDS.  THE  INSURER
SHALL  NOTIFY  THE NAMED INSURED AT LEAST ANNUALLY OF HER OR HIS OPTIONS
AS TO THE COVERAGE REQUIRED BY THIS PARAGRAPH. SUCH NOTICE SHALL BE PART
OF, AND ATTACHED TO, THE NOTICE OF PREMIUM, SHALL PROVIDE FOR A MEANS TO
ALLOW THE INSURED TO REQUEST SUCH COVERAGE, AND  SHALL  BE  GIVEN  IN  A
MANNER  APPROVED  BY  THE  SUPERINTENDENT.  IF  THE INSURED HAS REJECTED
COVERAGE UNDER THIS PARAGRAPH OR HAS SELECTED LOWER LIMITS,  THE  NOTICE
OF  PREMIUM  SHALL  CLEARLY  INDICATE  THE  LEVEL  OF COVERAGE ACCEPTED.
RECEIPT OF THIS NOTICE DOES NOT CONSTITUTE AN AFFIRMATIVE WAIVER OF  THE
INSURED'S RIGHT TO UNINSURED MOTORIST COVERAGE WHERE THE INSURED HAS NOT
SIGNED A SELECTION OR REJECTION FORM.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law, and shall apply to insurance policies  and  contracts
issued, entered into or renewed on and after such effective date.

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Senate Bill S7337A

Sponsored By

Archive: Last Bill Status - In Senate Committee Insurance Committee

Actions

Bill Amendments

co-Sponsors

2011-S7337 - Details

2011-S7337 - Summary

2011-S7337 - Sponsor Memo

2011-S7337 - Bill Text download pdf

co-Sponsors

2011-S7337A (ACTIVE) - Details

2011-S7337A (ACTIVE) - Summary

2011-S7337A (ACTIVE) - Sponsor Memo

2011-S7337A (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S7337A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Insurance Committee

Actions

Bill Amendments

co-Sponsors

2011-S7337 - Details

2011-S7337 - Summary

2011-S7337 - Sponsor Memo

2011-S7337 - Bill Text download pdf

co-Sponsors

2011-S7337A (ACTIVE) - Details

2011-S7337A (ACTIVE) - Summary

2011-S7337A (ACTIVE) - Sponsor Memo

2011-S7337A (ACTIVE) - Bill Text download pdf

Comments