Assembly Bill A560

2013-2014 Legislative Session

Relates to entitlement to first party benefits

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2013-A560 (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
2011-2012: A547

2013-A560 (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.

2013-A560 (ACTIVE) - Bill Text download pdf 

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

                                   560

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

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.

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

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