senate Bill S2757

Signed By Governor
2013-2014 Legislative Session

Relates to clarifying the provisions of certain supplementary insurance coverage

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Sponsored By

Archive: Last Bill Status Via A1832 - 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
Mar 15, 2013 signed chap.11
Mar 12, 2013 delivered to governor
Mar 11, 2013 returned to assembly
passed senate
3rd reading cal.54
substituted for s2757
Mar 11, 2013 substituted by a1832
Feb 27, 2013 advanced to third reading
Feb 12, 2013 2nd report cal.
Feb 11, 2013 1st report cal.54
Jan 23, 2013 referred to insurance

Votes

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Co-Sponsors

S2757 - Bill Details

See Assembly Version of this Bill:
A1832
Law Section:
Insurance Law
Laws Affected:
Amd ยง3420, Ins L

S2757 - Bill Texts

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Relates to clarifying the provisions of certain supplementary insurance coverage.

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BILL NUMBER:S2757

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

PURPOSE: The purpose of this bill is to amend chapter 496 of the laws of
2012 to clarify when firefighters and emergency services workers are
covered under a fire department or ambulance service's supplementary
uninsured and underinsured motorist (SUM) coverage.

SUMMARY OF PROVISIONS: This chapter amendment would clarify that when a
fire department or ambulance service purchases an insurance policy that
includes SUM coverage, such coverage extends to both professional and
volunteer fire fighters and emergency services workers who are employed
by or members of the fire department or ambulance service and who are
injured while acting within the scope of the their duties, except with
respect to the use or operation by such individuals of a motor vehicle
not covered under the policy

JUSTIFICATION: Courts have consistently held that when the insured named
on a policy is an entity such as a fire department or ambulance service,
SUM coverage does not extend to individual fire fighters and emergency
service workers who are injured if they were outside a covered vehicle
at the time the injury occurred. Chapter 496 of the laws of 2012 was
intended to ensure that when a fire department or ambulance service
purchases an auto insurance policy that includes SUM coverage, such
coverage extends to the fire fighters and emergency service workers
while acting within the scope of their duties. However, chapter 496 has
some technical deficiencies that could make the bill inapplicable to
professional firefighters. This chapter amendment provides clarification
to ensure that chapter 496 applies to all the individuals and in all the
situations that the sponsors intended.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the same date and in the
same manner as Chapter 496 of the Laws of 2012 takes effect

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

                                  2757

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

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  supplementary  unin-
  sured  and  underinsured  motorist  coverage  for  ambulance services,
  volunteer fire departments and voluntary ambulance services

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

  Section 1. Paragraph 5 of subsection (f) of section 3420 of the insur-
ance  law,  as  added  by chapter 496 of the laws of 2012, is amended to
read as follows:
  (5) [A] THIS PARAGRAPH SHALL APPLY TO A POLICY THAT  PROVIDES  SUPPLE-
MENTARY  UNINSURED/UNDERINSURED  MOTORIST  INSURANCE COVERAGE FOR BODILY
INJURY AND IS A POLICY: (A) ISSUED  OR  DELIVERED  IN  THIS  STATE  THAT
INSURES AGAINST LIABILITY ARISING OUT OF THE OWNERSHIP, MAINTENANCE, AND
USE  OF  A  FIRE VEHICLE, AS DEFINED IN SECTION ONE HUNDRED FIFTEEN-A OF
THE VEHICLE AND TRAFFIC LAW,  WHERE  THE  FIRE  VEHICLE  IS  PRINCIPALLY
GARAGED  OR  USED IN THIS STATE; OR (B) AS SPECIFIED IN PARAGRAPH ONE OF
THIS SUBSECTION. EVERY SUCH policy that [names]  INSURES  a  [volunteer]
fire  department, FIRE COMPANY, AS DEFINED IN SECTION ONE HUNDRED OF THE
GENERAL MUNICIPAL LAW, 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]  SUCH  SUPPLEMENTARY UNINSURED/UNDERINSURED
motorist INSURANCE coverage [available under the provisions of the poli-
cy] to an individual employed by OR WHO IS A MEMBER OF the FIRE  DEPART-
MENT,  FIRE  COMPANY,  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 voluntary ambulance service] and who is injured by  an  uninsured  or
underinsured MOTOR vehicle while acting in the scope of the individual's
duties  for  the  [volunteer]  fire  department, FIRE COMPANY, ambulance

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05810-01-3

S. 2757                             2

service, or voluntary ambulance service [listed as  the  named  insured]
COVERED UNDER THE POLICY, EXCEPT WITH RESPECT TO THE USE OR OPERATION BY
SUCH AN INDIVIDUAL OF A MOTOR VEHICLE NOT COVERED UNDER THE POLICY.
  S  2.  This  act  shall  take  effect on the same date and in the same
manner as chapter 496 of the laws of 2012, takes effect.

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