senate Bill S4571

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to insurance
Apr 11, 2013 referred to insurance

S4571 - Bill Details

Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Amd ยง3420, Ins L

S4571 - Bill Texts

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Relates to supplementary uninsured and underinsured motorist coverage for ambulance services, volunteer fire departments, fire companies and voluntary ambulance services.

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BILL NUMBER:S4571

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, fire companies and
voluntary ambulance services

PURPOSE: To ensure that volunteer firefighters and volunteer ambulance
crews, while acting in the scope of their duties for 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 volunteer fire
department or volunteer ambulance service as a named insured.

SUMMARY OF PROVISIONS: This bill amends Insurance Law Section 3420(f),
as amended by Chapter 11 of the Laws of 2013, which pertains to
supplemental uninsured/underinsured motorist coverage ("SUM") for fire
departments and ambulance services.

This bill provides that a the SUM insurance policy for a fire company,
volunteer fire department, ambulance service or volunteer ambulance
service shall be deemed to provide the maximum coverage available
under that particular policy to any individual who is a member of such
fire department or ambulance service, when that individual is
operating or using a motor vehicle while acting in the scope of the
individual's duties for the fire department or ambulance service.

JUSTIFICATION: Much has been done recently to protect emergency
responders who are injured while acting within the scope of their
duties. However, a gap still remains when members of (volunteer) fire
departments or (volunteer) ambulance services respond to emergencies
in their own vehicles and become injured.

This bill requires the coverage to follow the responder by adding
coverage if, while performing their duties, they become injured while
operating or using a motor vehicle that isn't an ambulance or fire
service vehicle.

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
________________________________________________________________________

                                  4571

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 11, 2013
                               ___________

Introduced  by  Sen. O'BRIEN -- 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, fire  companies  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 amended by chapter 11 of the laws of 2013,  is  amended  to
read as follows:
  (5) This paragraph shall apply to a policy that provides supplementary
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 insures  a  fire  department,  fire  company,  as
defined  in  section  one hundred of the general municipal law, an ambu-
lance service, or a voluntary ambulance service, as defined  in  section
three  thousand one of the public health law, shall provide such supple-
mentary uninsured/underinsured motorist insurance coverage to  an  indi-
vidual  employed  by  or  who  is  a member of the fire department, fire
company, ambulance service, 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  fire  department,  fire
company, ambulance service, or voluntary ambulance service covered under
the  policy,  [except] INCLUDING with respect to the use or operation by
such an individual of a motor vehicle not covered under the policy, WHEN
THAT INDIVIDUAL IS OPERATING OR USING A MOTOR VEHICLE  WHILE  ACTING  IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10112-01-3

S. 4571                             2

THE  SCOPE  OF  THE  INDIVIDUAL'S  DUTIES  FOR THE FIRE DEPARTMENT, FIRE
COMPANY, AMBULANCE SERVICE, OR VOLUNTARY AMBULANCE SERVICE.
  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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