|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to insurance|
|Mar 06, 2013||referred to insurance|
senate Bill S4047
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4047 - Details
S4047 - Summary
Provides that an automobile insurer may waive the inspection of a private passenger automobile prior to providing physical damage coverage.
S4047 - Sponsor Memo
BILL NUMBER:S4047 TITLE OF BILL: An act to amend the insurance law, in relation to inspections of private passenger automobiles prior to the provision of coverage for physical damage thereto PURPOSE: This bill allows an auto insurer to waive the right to inspect a motor vehicle prior to issuing an insurance policy if such insurer has titled a plan of operation to ensure that vehicles covered under such policy have not sustained physical damage. SUMMARY OF PROVISIONS: Section 1: Amends Insurance Law section 3411 to permit an auto insurer to waive the physical inspection of an automobile prior to insuring such a vehicle. In addition, an insured can receive coverage after sustaining an accident without first having the vehicle inspected if such insurance carrier has filed a plan of operation with the Superintendent of Insurance. EXISTING LAW: Under current law, all motor vehicles must be inspected prior to being covered under an auto insurance policy. JUSTIFICATION: The prior inspection law was first enacted almost a quarter century ago to address problems of fraudulent damages to motor vehicles that were covered after the accident had been sustained.
S4047 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4047 2013-2014 Regular Sessions I N S E N A T E March 6, 2013 ___________ Introduced by Sen. LANZA -- 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 inspections of private passenger automobiles prior to the provision of coverage for physical damage thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The section heading and subsections (d), (g) and (m) of section 3411 of the insurance law are amended to read as follows: Automobile physical damage insurance covering private passenger auto- mobiles; standard provisions; [required] inspections; duties of insurers and insureds. (d) A newly issued policy shall not provide coverage for automobile physical damage perils prior to an inspection of the automobile by the insurer, UNLESS THE INSURER HAS WAIVED THE RIGHT TO SUCH INSPECTION PURSUANT TO A STATEMENT OF OPERATION FILED WITH THE SUPERINTENDENT. IN ITS STATEMENT OF OPERATION, AN INSURER MAY WAIVE THE RIGHT TO INSPECT SOME OR ALL AUTOMOBILES. EVERY STATEMENT OF OPERATION SHALL TAKE EFFECT UPON ITS FILING WITH THE SUPERINTENDENT AND MAY COVER SOME OR ALL AUTO- MOBILES. (g) If an automobile subject to the provisions of this section is acquired by the insured as a replacement for or an addition to an auto- mobile insured for physical damage coverage, and the insured requests physical damage coverage for the replacement or additional automobile, such coverage for physical damage shall not be effective before such inspection is made, UNLESS THE INSURER HAS WAIVED THE RIGHT TO SUCH AN INSPECTION PURSUANT TO A STATEMENT OF OPERATION FILED WITH THE SUPER- INTENDENT. If, at the time of the request for such coverage, the auto- mobile is unavailable for inspection because of conditions of purchase or other circumstances and is thereafter made available for inspection, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00421-01-3
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